Forestry Act 1967

Part II E+W+S Superannuation of Forestry Commissioners and Commission Staff

9 (1) This paragraph applies to Forestry Commissioners and to such [F1 classes of officers employed by the Commissioners as may be] determined by the Ministers with the approval of the Treasury.

(2) Subject to the following provisions, there may be granted to or in respect of persons to whom this paragraph applies the same superannuation benefits as can be granted in respect of persons in the civil service under the [F1 principal civil service pension scheme within the meaning of section 2 of the M1 Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme . . . F2 ] shall have effect accordingly with respect to persons to whom this paragraph applies as they have effect with respect to persons in the civil service.

(3) Superannuation benefits under this paragraph shall be paid out of the Forestry Fund.

(4) In this Part of this Schedule—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• “superannuation benefits” includes a superannuation allowance, additional allowance, annual allowance, retiring allowance, compensation allowance, gratuity, pension, compensation and annuity.

Textual Amendments

F1 Words substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para 60

F2 Words repealed by Finance Act 1972 (c. 41, SIF 63:1), Sch. 28 Pt. IV

F3 Words repealed by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch.8

Modifications etc. (not altering text)

C1 Sch. 1 para. 9: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

Marginal Citations

M1 1972 c. 11(101A:1)

10 (1) The Ministers may with the approval of the Treasury make schemes to supplement or replace (either as a whole or in part) paragraph 9(2) above, being schemes for the grant of superannuation and other allowances and gratuities to or for the benefit of persons to whom paragraph 9 applies; and, without prejudice to the foregoing,—

(a) the superannuation benefits to be granted in accordance with the scheme may include those which may be granted under the said paragraph 9(2), subject to the provisions of that sub-paragraph in the case of contributory pensions; and

(b) on the coming into force of a scheme made under this paragraph, paragraph 9(2) shall, to the extent that the scheme makes any provision different therefrom, cease to have effect.

(2) Superannuation benefits under a scheme made by virtue of this paragraph shall be paid out of the Forestry Fund.

[F4 (3) A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme.]

Textual Amendments

F4 Para 10(3) substituted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para 61

Modifications etc. (not altering text)

C2 Sch. 1 para. 10: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 1 para. 11 repealed by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 8

12 E+W+S Where on the death of a person to whom paragraph 9 above applies any sum not exceeding [F6 £5,000] is due to that person or his legal personal representative in respect of salary, wages or superannuation benefits, then, subject to any regulations made by the Treasury, probate or other proof of the title of the legal personal representatives may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the Commissioners to be beneficially entitled to the personal estate of the deceased person, or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased person or any of his children, to or among such persons as the Commissioners may think fit, and the Commissioners or other person responsible for the payment of any such sum shall be discharged from all liability in respect of any such payment or distribution.

[F7 This paragraph shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the M2 Administration of Estates (Small Payments) Act 1965 substituting for references to [F6 £5,000] such higher amount as may be specified in the order.]

Textual Amendments

F6 Words substituted by virtue of S.I. 1984/539, art. 2(c)

F7 Words inserted by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 6 para. 62

Modifications etc. (not altering text)

C3 Sch. 1 para. 12 first sub-paragraph: functions of the Treasury transferred to the Minister (1.4.1995) by S.I. 1995/269, art. 3, Sch. para.2

Marginal Citations

M2 1965 c. 32(116:1)

13 E+W+S The functions of the Ministers under this Part of this Schedule shall be exercisable by them jointly, except in so far as they make arrangements that this paragraph shall not apply.

Valid from 01/07/1999

[F8 13A E+W+S In this Part of this Schedule, “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales.]

Textual Amendments

F8 Sch. 1 para. 13A inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(39)(e)