Part IIIE+W+S Harbours

43 Provisions for pensions in, or in consequence of, harbour reorganisation schemes.E+W+S

(1)In paragraph (h) of section 18(2) of the 1964 Act (preservation(with or without adjustment) of pension and similar rights) after the word “adjustment)” there shall be inserted the words “or otherwise securing”.

(2)The reference in that paragraph to rights as respects pensions, gratuities or other like benefits and any reference to pension rights in section 19 of that Act (compensation, among other things, for loss of pension rights) shall be construed as including a reference to all forms of right to or eligibility for the present or future payment of a pension, gratuity or other like benefit, and any expectation of the accruer of such a benefit under any customary practice, and any right of allocation in respect of the present or future payment of such a benefit and to the return of contributions to a pension fund.

(3)The provisions which may be contained in a harbour revision order or harbour reorganisation scheme by virtue of section 14(3) or 18(2)(i) of the 1964 Act (power to include supplementary provisions in such orders and schemes, including provisions repealing or amending statutory provisions of local application) shall include such provisions repealing or amending any general Act, or varying or revoking any order made under any general Act, or any trust or other arrangement, as appear to the Minister making or confirming the order or scheme to be necessary or expedient for the purpose of any provision of the order or scheme made by virtue of paragraph 15 of Schedule 2 to that Act (welfare and pensions and similar benefits of harbour authority’s staff) or section 18(2)(h) of that Act, as the case may be.

Modifications etc. (not altering text)

C1S. 43: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(c)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

C2The text of ss. 43(1), 44(1)–(7), 46(4), Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3In s. 43(2) “that Act” means Harbours Act 1964 (c. 40) and “that paragraph” means s. 18(2)(h) of that Act