Pensions (Increase) Act 1971

Sections 7 and 17.

SCHEDULE 3 E+W+S Further Administrative, Incidental and Consequential Provisions

Modifications etc. (not altering text)

C1 Sch. 3 excluded by S.I. 1990/503, reg. 3(2)(b)(c)

C2 Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)

C3 Sch. 3 applied (with modifications) (8.1.1993) by S.I. 1992/3229, reg. 2(1)

Sch. 3 modified (29.3.1994) by S. I. 1994/948, reg. 2(1)(2)

Sch. 3 modified (retrospective effect to 1.4.1990) by S.I. 1994/3026, regs. 1(c), 10(2)

Sch. 3 restricted (2.5.1995) by S.I. 1995/1019, reg. L19(1)(b)

Sch. 3 restricted (30.6.1997) by S.I. 1997/1612, reg. 91

Sch. 3 restricted (1.4.1998) by S.I. 1998/366, reg. 90

Liability for cost of increase of certain local authority, police and fire service pensions E+W+S

1 (1) Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority. E+W+S

(2) For the purposes of this paragraph, “the last employing authority” means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority; and where they have been so transferred, “the last employing authority” means the authority by whom those functions are for the time being exercisable.

(3) Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

(4) Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the M1 Police Act 1890 and section 10 of the M2 Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

(5) This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 [F1 ,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64B][F2 and 64C.]

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(3)

F2 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(4)

Modifications etc. (not altering text)

C4 Sch. 3 para. 1 (except 1(4)) extended by Pensions (Increase) Act 1974 (c. 9), s. 2(2)

C5 Sch. 3 para. 1(1); so much of sub-paragraph (1) as follows the first reference in that sub-paragraph to the pension authority excluded by S.I. 1986/399,art. 9(7)(a)

C6 Sch. 3 para. 1(1) amended by S.I. 1989/1815, art. 7(7)

C7 Sch. 3 para 1(2) excluded (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 15(6) and excluded by SI 1986/399, art 9(7)(b)

C8 Sch. 3 para 1(2) modified (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 18(4)(5).

C9 Sch. 3 Para 1(3) excluded by SI 1986/399, art. 9(7)(b)

Marginal Citations

M1 1890 c. 45.

M2 1921 c. 31.

2 (1) Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund. E+W+S

(2) Where a pension to which this paragraph applies is increased under this Act, and—

(a) the pension is payable partly in respect of service in respect of which another such pension was payable (“the previous service”) and partly in respect of further service rendered after the termination of the previous service; and

(b) different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

(3) Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

(4) This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Modifications etc. (not altering text)

C10 Para 2 Extended by the Pensions (Increase) Act 1974 (c. 9), s. 2(2)

Pensions of former civil servants payable by Post Office E+W+S

3 It shall be the duty of the Post Office to increase in accordance with this Act any pension which is payable under the [F3 principal civil service pension scheme within the meaning of section 2 of the M3 Superannuation Act 1972] but in relation to which the Post Office are the pension authority by virtue of section 44 of the M4 Post Office Act 1969; and where under that Act part of a pension so payable is to be paid by the Post Office and part is not, this Act shall apply as if the two parts were separate pensions.

Textual Amendments

F3 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(a)

Modifications etc. (not altering text)

C11 Para. 3 extended by Pensions (Increase) Act 1974 (c. 9), s. 2 (2)

Marginal Citations

M3 1972 c. 11.

M4 1969 c. 48.

Valid from 26/03/2001

[F4 (3A) E+W+S In paragraph 3 above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.]

Textual Amendments

F4 Sch. 3 para. 3A inserted (26.3.2001) by 2001/1149, arts. 3(1), Sch. 1 para. 29

Re-employed teachers E+W+S

Modifications etc. (not altering text)

C12 The text of Sch 2 Pt. III para. 65, Sch. 3 para. 4, 5, Sch. 7,Sch. 8 Pt.I, II 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.

4 E+W+S Any reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

(a) in regulation 50 of the M5 Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the M6 Teachers’ Superannuation (Amendment) Regulations 1970 ; or

(b) in regulation 50 of the M7 Teachers’ Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act and, in relation to any period after 30th November 1973, as a reference to the said Part I and the Pensions (Increase) Act 1974 (but without prejudice to the power to vary or revoke those regulations).

Marginal Citations

M5 S.I. 1967/489.

M6 S.I. 1970/10.

M7 S.I. 1969/77.

Retired staff of former approved schools etc. E+W+S

Modifications etc. (not altering text)

C13 The text of Sch 2 Pt. III para. 65, Sch. 3 para. 4, 5, Sch. 7,Sch. 8 Pt.I, II 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.

5 E+W+S In Schedule 3 to the M8 Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostal or approved probation home), for paragraph 1(3) there shall be substituted—

“(3) In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.”

Marginal Citations

M8 1969 c. 54.

Meaning of “local authority” and “local government service” E+W+S

6 (1) For the purposes of this Act “local authority” means—

[F5 (a) in England and Wales—

[F6 [F7 (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(ia) [F8 a combined police authority or]a combined fire authority, as defined in section 144 of the Local Government Finance Act 1988;]

(ii) a levying body within the meaning of section 74 of that Act; and

(iii) a body as regards which section 75 of that Act applies; and]]

[F9 (b) in Scotland any regional, islands or district council.]

(2) References in this Act to a local authority shall apply also

(a) to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities; and

(b) to any other joint committee established by a combination scheme under section 5(1) and (2) of the M9 Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M10 Local Government Superannuation Act 1937 or the M11 Local Government Superannuation (Scotland) Act 1937 [F10 or in accordance with regulations made under section 7 of the M12 Superannuation Act 1972]; and

(c) in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 [F11 or for the purposes of regulations made under section 7 of the M13 Superannuation Act 1972], any passenger transport executive [F12 for the purposes of Part II of the M14 Transport Act 1968][F13 and

(d) in Scotland to any water development board within the meaning of the M15 Water (Scotland) Act 1967 and to any river purification board established under the M16 Local Government (Scotland) Act 1973.]

Textual Amendments

F5 Para. 6(1)(a) substituted by S.I. 1974/595, art. 3(16)

F6 Words substituted (E.W.) by S.I. 1990/776, arts. 2(2), 8, Sch. 3 para. 14

F7 Sch. 3 para. 6(1)(a)(i)(ia) substituted for para. 6(1)(a)(i) (2.11.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch 13, para. 30; S.I. 1992/2454, art. 2.

F8 Words in Sch. 3 para. 6(1)(a)(ia) repealed (1.4.1995 so far as applying in E.W.) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch.

F9 Para. 6(1)(b) substituted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(b)

F10 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(b)

F11 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(c)

F12 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 23

F13 Words inserted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(c)

Marginal Citations

M9 1922 c. 59.

M10 1937 c. 68.

M11 1937 c. 69.

M12 1972 c. 11.

M13 1972 c. 11.

M14 1968 c.73 (126).

M15 1967 c. 78.

M16 1973 c. 65.

7 (1) For the purposes of this Act “local government service” means service under any local authority [F14 , any county council, town council or district council and any other authority to whom section 270 of the M17 Local Government (Scotland) Act 1947 applied] but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority. E+W+S

(2) The enactments referred to in sub-paragraph (1) above are—

(a) the following enactments (which relate to war service), that is to say,—

(i) sections 2 and 3 of the M18 Local Government (Emergency Provisions) Act 1916;

(ii) section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

(iii) section 3 of the M19 Local Government Staffs (War Service) Act 1939; and

(b) section 51(4) (firemen employed in training institutions) of the M20 London County Council (General Powers) Act 1949.

Textual Amendments

F14 Words inserted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(d)

Marginal Citations

M17 1947 c. 43.

M18 1916 c. 12.

M19 1939 c. 94.

M20 1949 c. 1v.