Pensions (Increase) Act 1971

Part II E+W+S Pensions out of Local Funds

[F1 Scottish Parliament and Scottish Executive E+W+S

Textual Amendments

F1 Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13; S.I. 1998/3178, art. 2(2), Sch. 3

F2 38AB E+W+S A pension payable under a scheme established by virtue of section 81(4)(b) of, or paragraph 3(4)(b) of Schedule 2 to, the Scotland Act 1998.]

Textual Amendments

F2 Sch. 2 Pt. II para. 38AB and cross heading inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 13 (with s. 126(3)-(11)); S. I. 1998/3178, art. 2(2), Sch. 3

[F3 National Assembly for Wales] E+W+S

Textual Amendments

F3 Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[F4 38B E+W+S A pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.]

Textual Amendments

F4 Sch. 2 Pt. II para. 38B and crossheading inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 10 (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

Local government service E+W+S

39 E+W+S A pension payable by a local authority in respect of service ending with local government service, other than a pension within paragraph 44, 45 or 52 of this Schedule or within the exception from paragraph 44.

Administration of justice E+W+S

40 E+W+S A pension payable under section 33 of the Justices of the M1 Peace Act 1949 (stipendiary magistrates).

Marginal Citations

M1 1949 c. 101.

41 E+W+S A pension payable by a local authority under Part I of the M2 Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

M2 1950 c. 11 (14 & 15 Geo. 6).

42 E+W+S A pension payable under section 22 of the Administration of Justice (Pensions) Act 1950 (chairmen and deputy chairmen of London Sessions).

Police and firemen E+W+S

43 E+W+S A pension payable (otherwise than as mentioned in paragraph 14 or 15 above) under any of the following;—

(a) [F5 the M3 Police Pensions Act 1976, or any enactment repealed by the M4 Police Pensions Act 1948] or by the M5 Police Pensions Act 1921;

[F6 (b) section 51 or 52 of the Police Act 1996;]

(c) section 26 or 27 of the M6 Police (Scotland) Act 1967.

This paragraph does not include a derivative pension other than a substituted pension, nor a substituted pension if the original pension was a derivative pension.

Textual Amendments

F5 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(b)

F6 Sch. 2 para. 43(b) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7, Pt. II para. 18(3)

Marginal Citations

M3 1976 c. 35.

M4 1948 c. 24.

M5 1921 c. 31.

M6 1967 c. 77.

[F7 44 E+W+S A pension payable by a fire and rescue authority or a [F8 relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5))] in accordance with a scheme brought into operation under section 34 of the Fire and Rescue Services Act 2004.]

Textual Amendments

F7 Sch. 2 para. 44 substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(3) (with savings for E.S. in S.I. 2004/2306, art. 3, Sch. and for W. in S.I. 2004/2918, art. 3, Sch.); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F8 Words in Sch. 2 para. 44 substituted (2.8.2005) by Fire (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/2060), art. 1(2)(f), Sch. para. 1

F9 45 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 2 para. 45 repealed (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 35(4), Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

46 E+W+S A derivative pension payable under the M7 Police Pensions Act 1921 in respect of a person to whom the M8 National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M7 1921 c. 31.

M8 S.R. & O. 1941/1271.

Court and police staffs E+W+S

47 E+W+S A pension payable by a local authority in England or Wales under any enactment other than section 15(1) to (7) of the M9 Superannuation (Miscellaneous Provisions) Act 1967 in respect of—

(a) service as a justices’ clerk or as the employee of a justices’ clerk; or

(b) service as a person employed by a magistrates’ courts committee to assist a justices’ clerk [F10 or as staff of such a committee; or.

(c) service as a justices’ chief executive.]

Textual Amendments

F10 Sch. 2 para. 47(c), and preceding words in para. 47(b) added (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 26; S.I. 1995/685, arts. 4(l), 7(2)(b)

Marginal Citations

M9 1967 c. 28.

48 E+W+S A pension payable by F11 the [F12 London Residuary Body][F12 London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F11 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F12 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

49 E+W+S A pension payable by [F13 the][F14 London Residuary Body][F14 London Pensions Fund Authority]under any enactment in respect of service in the employment of the standing joint committee for the county of London as clerk of the peace or deputy clerk of the peace or in any other capacity.

Textual Amendments

F13 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F14 Words “London Pensions Fund Authority” substituted for “London Residuary Body” by S.I. 1989/1815, art. 7(5)

50 E+W+S A pension payable under section 15(1) to (7) of the Superannuation (Miscellaneous Provisions) Act 1967 (metropolitan civil staffs).

51 E+W+S A pension payable by a local authority, or by a police authority in England and Wales F15 . . ., under any enactment other than section 15 of the M10 Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a) service as a civilian employed under [F16 section 15 of the Police Act 1996] by such a police authority; or

(b) service as a traffic warden employed by such a police authority under section 2 of the M11 Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M12 Road Traffic Regulation Act 1967 [F17 section 95(1) of the Road Traffic Regulation Act 1984.]

Textual Amendments

F15 Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F16 Words in Sch. 2 para. 51(a) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(4)

F17 Words inserted by Road Traffic Regulation Act 1984 (c. 27,SIF 107:1), s. 146, Sch. 13 para. 12

Marginal Citations

M10 1967 c. 28.

M11 1960 c. 63.

M12 1967 c. 76.

52 E+W+S A pension payable by a police authority under regulations made under section 60(2) of the M13 Local Government Act 1958, section 85(4) of the M14 London Government Act 1963 or section 4 of the M15 Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F18 or under regulations made under section 24 of the M16 Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).

This paragraph does not apply to a pension payable as mentioned in paragraph 15A above.]

Textual Amendments

F18 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(k)

Marginal Citations

M13 1958 c. 55.

M14 1963 c. 33.

M15 1968 c. 14.

M16 1972 c. 11.

Probation and after-care service E+W+S

53 E+W+S A pension payable in accordance with regulations under Schedule 4 to the M17 Local Government Superannuation Act 1953 [F19 or section 7 of the M18 Superannuation Act 1972] in respect of service as a probation officer or as a person appointed to assist a probation officer in the performance of his duties by a probation and after-care committee, by the Secretary of State or, before 1st July 1944, by a probation officer.

Textual Amendments

F19 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(l)

Marginal Citations

M17 1953 c. 25.

M18 1972 c. 11.

[F20 53A E+W+S A pension payable in accordance with regulations under section 7 of the M19 Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.]

Textual Amendments

F20 Sch. 2 para. 53A inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 45; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M19 1972 c. 11.

54 E+W+S A pension payable by a local authority in England and Wales in respect of service as a member of the staff of an approved probation home or an approved probation hostel.

55 E+W+S A pension payable by a probation and after-care committee under regulations made under section 60(2) of the M20 Local Government Act 1958 or section 85(4) of the M21 London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F21 or under regulations made under section 24 of the M22 Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

F21 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para 89(m)

Marginal Citations

M20 1958 c. 55

M21 1963 c. 33.

M22 1972 c. 11.

Teachers and school staff E+W+S

56 E+W+S A pension payable by a local authority under section 14(3)(b) of the M23 Teachers (Superannuation) Act 1925.

Marginal Citations

M23 1925 c. 59.

57 E+W+S A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the managers of a non-provided school within the meaning of the M24 Education Act 1921 or a voluntary school within the meaning of [F22 the Education Act 1996.].

Textual Amendments

F22 Words in Sch. 2 Pt. II substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(3), Sch. 37 Pt. I, para. 20 (with ss. 1(4), 582(3), Sch. 39)

Marginal Citations

M24 1921 c. 51.

58 E+W+S A pension payable by a local authority in England or Wales under any enactment in respect of service as an employee of the governing body of any school or educational institution (other than a public elementary school or a county or voluntary school) if the whole cost of maintaining the school or educational institution after deducting such part of the cost (if any) as is met by the governing body fell or falls to be met by the local authority.

59 E+W+S A pension payable by a local authority in respect of service as a member of the staff of an approved school.

Miscellaneous E+W+S

60 E+W+S A pension payable by a local authority under any enactment in respect of service as a registration officer as defined in [F23 regulations made under section 7 of the M25 Superannuation Act 1972.]

Textual Amendments

F23 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(n)

Marginal Citations

M25 1972 c. 11.

61 E+W+S A pension payable under [F24 section 6 of the M26 Coroners (Amendment) Act 1926 (county and borough coroners)][F24 paragraph 2 of Schedule 1 to the Coroners Act 1988.]

Textual Amendments

F24 Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

M26 1926 c. 59.

62 E+W+S A pension payable by a local authority in respect of service as a clerk, officer or servant employed under section 47 of the M27 Local Government Act 1948 or section 92 of the M28 General Rate Act 1967 by a local valuation panel.

Marginal Citations

M27 1948 c. 26.

M28 1967 c. 9.

63 E+W+S A pension payable by a local authority in respect of service ending with service as a rent officer or deputy rent officer under section 22 or 24 of the M29 Rent Act 1965 or section 40 of the M30 Rent Act 1968 [F25 or section 63 of the M31 Rent Act 1977.]

Textual Amendments

F25 Words added by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 51

Marginal Citations

M29 1965 c. 75.

M30 1968 c. 23.

M31 1977 c. 42.

64 E+W+S A pension payable by a local authority by way of such compensation as is mentioned in section 8(1)(b) [F26 or (c)] of this Act.

Textual Amendments

F26 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(o)

[F27 64A E+W+S A pension payable by a residuary body established by the Local Government Act 1985 in respect of service ending with service with that body.]

Textual Amendments

F27 Sch. 2 Pt. 1 paras. 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(2)

Modifications etc. (not altering text)

C1 Sch. 2 para. 64A extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2), Sch. 13 para. 27 (with ss. 54(7), 66(7), Sch. 17 paras. 22(1), 23(2))

[F28 64B E+W+S A pension payable by such a residuary body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the authorities abolished by the Act.]

Textual Amendments

F28 Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F29 64C E+W+S A pension payable by the London Residuary Body, being a pension which would fall within any of the foregoing paragraphs of this Part of this Schedule if references to a local authority had continued to include references to the Inner London Education Authority.]

Textual Amendments

F29 Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

[F30 F31 64D E+W+S A pension payable by the London Pensions Fund Authority.]

Textual Amendments

F30 Sch. 2 Pt. II para. 64D inserted (E.W.) (30.10.1989) at the end of Part II by SI 1989/1815, art. 7(6)

F31 Para. renumbered 64D by S.I. 1990/198, art.3