Post Office Act 1969

133 Power of managers of certain welfare funds to preserve their scope. U.K.

(1) A fund to which this section applies is one (whether described by the addition thereto of the attribute “welfare”, “benevolent” or “mutual aid” or by the addition thereto of any other attribute) the objects of which consist in, or include, the provision for persons who are, or have been, employed in the department of the Postmaster General, or for such persons of any class or description, or for the relatives or dependants of persons who are, or have been, so employed or of such persons of any class or description, of benefits in case of need, sickness or distress, and a society or organisation to which this section applies is one (however described) the objects of which are similar; and, in this section, “managers” in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.

(2) The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this section applies may, by resolution of the managers of the fund, society or organisation, be altered—

(a) so as to permit persons of any of the following descriptions, namely,—

(i) officers or servants of the Post Office (past or present);

(ii) persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the department of the Minister; F1

(iii) persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the Department for National Savings; F2

[F3 (iv) persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of such an agreement as is mentioned in paragraph (b)(i) or (c)(i) of subsection (1) of section 87 of this Act and of such an Order in Council as is mentioned in that subsection, employed by the States of Jersey or by the States of Guernsey;]

[F4 (v) without prejudice to the generality of (i) above, persons who, having been officers or servants of the Post Office, are or have been in consequence of such an agreement as is mentioned in paragraph (b)(ii) or (c)(ii) of subsection (1) of section 87 of this Act and of such an Order in Council as is mentioned in that subsection, employed by the States of Jersey or by the States of Guernsey;][F5 and]

[F6 (vi) without prejudice to the generality of (i) above, 0 persons who, having been officers or servants of the Post Office, are or have been in consequence of such an agreement as is mentioned in paragraph (a)(i) of subsection (1) of section 87 of this Act and of such an Order in Council as is mentioned in that subsection, employed by the Isle of Man Post Office Authority];

or persons who are members of a class of persons of any of those descriptions, to become members of, or subscribers to, the fund, society or organisation;

(b) so as, in the case of persons of the said descriptions or persons who are members of a class of persons of any of those descriptions, to entitle them and persons claiming in right of them (subject to such, if any, terms and conditions as may be specified in the resolution) to receive benefits from the fund, society or organisation if, and to the extent that, they would be entitled to receive benefits therefrom if employment by the Post Office, employment in the department of the Minister F7 , employment in the Department for National Savings [F8 F9 employment by the States of Jersey or by the States of Guernsey][F10 or, as the case may be, employment by the Isle of Man Post Office Authority] were employment in the department of the Postmaster General;

but so that no alteration be made that alters the character of the fund, society or organisation.

(3) If a resolution of the managers of a fund, society or organisation to which this section applies so provides, any reference in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Postmaster General or his department (not being a reference in a context referring, in whatever terms, to persons employed in that department or persons so employed of a specified description) shall be construed as referring (or, if the context so requires, as including a reference) to the Post Office, and any reference in that instrument, in whatever terms, to persons so employed or persons so employed of a specified description shall be construed as referring (or, if the context so requires, as including a reference) to officers and servants of the Post Office or, as the case may be, to officers and servants thereof of a corresponding description.

(4) For the purposes of a resolution deriving validity from this section, the definition of a class of persons may be framed by reference to any circumstances whatsoever.

Textual Amendments

F1 Word repealed by S.I. 1969/1368, art. 8(a)

F2 Word repealed by S.I. 1972/1816, art. 7

F3 S. 133(2)(a)(iv) added by S.I. 1969/1368, art. 8(a)

F4 S. 133(2)(a)(v) added by S.I. 1972/1816, art. 7

F5 Word added by S.I. 1973/960, art. 10(a)

F6 S. 133(a)(vi) added by S.I. 1973/960, art. 10(a)

F7 Words repealed by S.I. 1969/1368, art. 8(b)

F8 Words inserted by S.I. 1969/1368, art. 8(b)

F9 Words repealed by S.I. 1973/960, art. 10(b)

F10 Words inserted by S.I. 1973/960, art. 10(b)