Superannuation Act 1972

Provisions relating to superannuation of various other persons U.K.

13 The Comptroller and Auditor General. U.K.

(1) A person appointed to be the Comptroller and Auditor General (in this section referred to as the Comptroller) may, within such period and in such manner as may be prescribed by regulations under this section, elect between the statutory scheme of pensions and other benefits applicable to the judicial offices listed in [F1 section 1 of the Judicial Pensions Act 1981] and the scheme of pensions and other benefits applicable by virtue of section 1 of this Act to the civil service of the State (in this section referred to respectively as the judicial scheme and the civil service scheme), and if he does not so elect shall be treated as having elected for the civil service scheme.

(2) Where a person so appointed elects for the judicial scheme, a pension may be granted to him on ceasing to hold office as Comptroller if he has held that office for not less than five years and either—

(a) has attained the age of sixty-five years; or

(b) is disabled by permanent infirmity for the performance of the duties of that office;

and subject to regulations under this section, the provisions of [F2 Chapter I of Part I and sections 17 to 24 of the Judicial Pensions Act 1981]) shall apply in relation to him and his service as Comptroller as they apply in relation to the holders of judicial offices listed in [F2 section 1 of that Act and service in any such office].

(3) Where a person so appointed elects for the civil service scheme, the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall, subject to regulations under this section, apply as if his service as Comptroller were service in employment in the civil service of the State.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5) The Minister may by statutory instrument make regulations for purposes supplementary to the foregoing provisions of this section; and such regulations may, without prejudice to section 38 of the M1 Superannuation Act 1965 (employment in more than one public office), make special provision with respect to the pensions and other benefits payable to or in respect of persons to whom the judicial scheme or the civil service scheme has applied or applies in respect of any service other than service as Comptroller, including provision—

(a) for aggregating other service falling within the judicial scheme with service as Comptroller, or service as Comptroller with such other service, for the purpose of determining qualification for or the amount of benefit under that scheme;

(b) for increasing the amount of the benefit payable under the judicial scheme, in the case of a person to whom that scheme applied in respect of an office held by him before appointment as Comptroller, up to the amount which would have been payable thereunder if he had retired from that office on the ground of permanent infirmity immediately before his appointment;

(c) for limiting the amount of benefit payable under the judicial scheme, in the case of a person to whom the civil service scheme applied in respect of service before his appointment as Comptroller, by reference to the difference between the amount of the benefit granted in his case under the civil service scheme and the amount which would be payable under the judicial scheme if that service had been service as Comptroller.

(6) Any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

(7) Any pension or other benefit granted by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

Textual Amendments

F1 Words substituted by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 3 para. 8(1)

F2 Words substituted by Judicial Pensions Act 1981 (c. 20,SIF 71:2), s. 36, Sch. 3 para. 8(2)

F3 S. 13(4) repealed by Parliamentary and other Pensions and Salaries Act 1976 (c. 48), Sch.

Marginal Citations

M1 1965 c. 74.

14 Metropolitan civil staffs. E+W+S

X1 (1) Section 15 of the M2 Superannuation (Miscellaneous Provisions) Act 1967 (which applies the legislation governing the superannuation of civil servants to certain persons employed under the Commissioner of Police for the Metropolis, justices’ clerks for the inner London area and other persons employed by the committee of magistrates for that area) shall be amended as follows.

X1 (2) In subsection (1)(b) (definition of “civil service provisions”) for the words from “the Superannuation Act” to “any other” there shall be substituted the words “ the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and any ”.

X1 (3) In subsection (3) (which empowers the Secretary of State by regulations to provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under the section and certain other purposes subject to exceptions, modifications and adaptations specified in the regulations)—

(a) after the word “may”, where first occuring, there shall be inserted the words “ with the consent of the Minister for the Civil Service ” ; and

(b) in paragraph (a), after the word “exceptions” there shall be inserted the word “ additions ”.

X1 (4) Subsection (5) (which authorises the Secretary of State in certain circumstances to confer on himself power to make rules or regulations in relation to members of the metropolitan civil staffs where the Minister has power to make similar rules or regulations in relation to civil servants) shall be omitted.

X1 (5) For subsection (6) (which provides that regulations under the section shall be subject to annulment in pursuance of a resolution of either House of Parliament) there shall be substituted the following subsection:—

“(6) Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament.”

Editorial Information

X1 The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1-3, 5, 9, 10, 12, 16-21, 24-27, 29-33, 39-41, 43, 46, 48, 51, 56-58, 60-67, 70, 72-74, 77, 78, 80-93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M2 1967 c. 28.

15 Members of police forces, special constables and police cadets. E+W+S

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(5) Section 12 (except subsections (3) and (6)) of this Act shall apply in relation to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(b) regulations relating to pensions under section 34 or 35 of the Police Act 1964 (special constables and police cadets);

(c) regulations under section 26(2)(k) of the M3 Police (Scotland) Act 1967 (regulations with respect to the application to special constables of provisions relating to the pensions payable to or in respect of regular constables); or

(d) regulations relating to pensions under section 27 of the said Act of 1967 (police cadets),

as it applies in relation to regulations under section 7, 8(2), 9 or 10 of this Act.

Textual Amendments

F4 S. 15(1)–(4) repealed by Police Pensions Act 1976 (c. 35), Sch. 3

F5 S. 15(5)(a) repealed by Police Pensions Act 1976 (c. 35), Sch. 3

Marginal Citations

M3 1967 c. 77.

16 Members of fire brigades. E+W+S

(1) Without prejudice to the generality of section 26 of the M4 Fire Services Act 1947 (power to make order bringing the Firemen’s Pension Scheme into operation), any Scheme under that section may include provision for the payment by a fire authority or the Secretary of State of transfer values as respects persons who transfer or have transferred from employment in respect of which awards may be made under the Scheme to such other employment as may be specified in the Scheme.

X2 (2) Subsection (3) of the said section 26 (circumstances in which a pension may be provided under the Scheme) shall cease to have effect.

(3) Section 12 (except subsections (3) and (6)) of this Act shall, with the necessary modifications, apply in relation to an order under the said section 26 as it applies in relation to regulations under section 7, 8(2), 9 or 10 of this Act.

Editorial Information

X2 The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1-3, 5, 9, 10, 12, 16-21, 24-27, 29-33, 39-41, 43, 46, 48, 51, 56-58, 60-67, 70, 72-74, 77, 78, 80-93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Modifications etc. (not altering text)

C1 Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Marginal Citations

M4 1947 c. 41.

17 Persons employed by general lighthouse authorities, etc. U.K.

(1) After section 1 of the M5 Merchant Shipping (Mercantile Marine Fund) Act 1898 there shall be inserted the following section—

“1A Pension rights of certain employees.

(1) There shall be payable to or in respect of persons whose salaries are paid out of the General Lighthouse Fund such pensions, allowances or gratuities as may be determined in accordance with, in tha case of such of those persons who are employed by the Secretary of State, arrangements made by him and, in the case of other such persons, arrangements made by a general lighthouse authority and approved by the Secretary of State, and those benefits shall be charged on and payable out of that Fund.”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Ss. 17(2), Sch. 6 para. 22 repealed by Finance Act 1972 (c. 41), Sch. 28 Pt. IV

Modifications etc. (not altering text)

C2 The text of ss. 10(5), 14, 16(2), 17(1), 27(2), 28, 29, Sch. 6 paras. 1–3, 5, 9, 10, 12, 16–21, 24–27, 29‐33, 39–41, 43, 46, 48, 51, 56–58, 60–67, 70, 72–74, 77, 78, 80–93, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1. 2. 1991.

Marginal Citations

M5 1898 c. 44.

18 Employees of law societies. E+W+S

F7 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 18(1) repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

F8 S. 18(2) (which applied to Scotland only) repealed (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), s. 45, Sch. 5

F9 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F9 S. 19 repealed by Statute Law (Repeals) Act 1989 (c. 43), s.1(1), Sch. 1 Pt. VII

20 Officers and servants of certain river authorities. E+W+S

(1) This section applies to the following persons, namely—

(a) every officer and servant of the Conservators of the River Thames (“the Conservators”) to whom but for any repeal made by this Act section 79(8) of the M6 Land Drainage Act 1930 or section 53(2) of the M7 Thames Conservancy Act 1950 would have applied; and

(b) every officer and servant of the Lee Conservancy Board or of the Lee Conservancy Catchment Board (“the Catchment Board”) to whom but for any such repeal section 80(7) of the said Act of 1930 would have applied.

(2) There shall be paid by the Conservators to or in respect of the persons to whom this section applies by virtue of subsection (1)(a) above, and there shall be paid by the Catchment Board to or in respect of the persons to whom this section applies by virtue of subsection (1)(b) above, the same pensions, allowances or gratuities as can be paid to or in respect of persons employed in the civil service of the State, and the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force shall apply accordingly in relation to those persons with the necessary adaptations.

(3) The Conservators and the Catchment Board shall have all such powers as may be necessary to enable them to comply with subsection (2) above, including power to pay and receive transfer values and to make payments towards the provision of such pensions, allowances and gratuities as are referred to in that subsection.

(4) The Catchment Board shall be deemed always to have had power to pay pensions, allowances or gratuities in respect of persons to whom section 80(7) of the M8 Land Drainage Act 1930 at any time applied.

Modifications etc. (not altering text)

C3 S. 20(2) modified by S.I. 1989/1161, reg. 6(2)(a)

C4 S. 20(3) modified by S.I. 1989/1161, reg. 6(2)(b)

Marginal Citations

M6 1930 c. 44.

M7 1950 c. 1.

M8 1930 c. 44.

F10 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F10 Ss. 21, 30(3), Sch. 6 paras. 68, 96 repealed by British Airways Board Act 1977 (c. 13, SIF 9), s. 24(1), Sch. 2

22 Pension schemes of various statutory bodies: removal of requirement to obtain Ministerial approval for certain determinations, etc. U.K.

(1) Any body specified in column 1 of Schedule 4 to this Act may make any determination relating to, or connected with, the provision of pensions, gratuities or other like benefits to or in respect of persons employed by it which it has power to make under the enactment specified in relation to that body in column 2 of that Schedule without obtaining the approval or agreement of any Minister of the Crown or government department whose approval of, or agreement to, that determination is required by virtue of that enactment or by virtue of that enactment and any order made in pursuance of section 1 or 2 of the Ministers of the M9 Crown (Transfer of Functions) Act 1946 or section 4 of the Ministers of the M10 Crown Act 1964.

(2) The Council for Professions Supplementary to Medicine may approve any determination relating to pensions made under paragraph 20(2) of Schedule 1 to the M11 Professions Supplementary to Medicine Act 1960 by a board established under that Act without obtaining the agreement of the Minister.

(3) Any pension scheme in force immediately before the commencement of this Act, being a scheme which was referred to in or established under section 12(4) of the M12 Port of London (Consolidation) Act 1920 (provision of pensions, etc.), and any rules made in pursuance of such a scheme may be amended without the approval of the Secretary of State.

(4) So much of any provision contained in a document forming part of any scheme for the provision of pensions, gratuities or other like benefits to or in respect of persons employed by industrial training boards established under section 1 of the M13 Industrial Training Act 1964 as prohibits any alteration being made in that document, or any other document forming part of such a scheme, without the approval of the Secretary of State shall cease to have effect.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 S. 22(5) repealed by National Film Finance Corporation Act 1981 (c. 15, SIF 45A), s. 10, Sch. 3 Pt. I

Marginal Citations

M9 1946 c. 31.

M10 1964 c. 98.

M11 1960 c. 66.

M12 1920 c. clxxiii.

M13 1964 c. 16.

23

F12 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 S. 23(1) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 36, Sch. 4

F13 S. 23(2) repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2