Pensions (Increase) Act 1971

SCHEDULES

Section 1.

SCHEDULE 1 E+W+S Table for conversion of basic rate to 1969 standard

[Note:—The year to be taken is that in which the pension is, under section 8(2), to be treated as beginning.]

Year Multiplier	Year Multiplier	Year Multiplier
Any year	1951 . . . 1.886	1960 . . . 1.383
up to	1952 . . . 1.728	1961 . . . 1.338
1944 . . . 3.052	1953 . . . 1.675	1962 . . . 1.282
1945 . . . 2.583	1954 . . . 1.645	1963 . . . 1.258
1946 . . . 2.348	1955 . . . 1.574	1964 . . . 1.218
1947 . . . 2.327	1956 . . . 1.501	1965 . . . 1.162
1948 . . . 2.179	1957 . . . 1.448	1966 . . . 1.118
1949 . . . 2.119	1958 . . . 1.404	1967 . . . 1.091
1950 . . . 2.059	1959 . . . 1.397	1968 . . . 1.042

Sections 4, 5, 7 and 15.

SCHEDULE 2 U.K. Official Pensions

Part I U.K. State Pensions

Modifications etc. (not altering text)

C1 Sch. 2 Pt. I extended by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 3 para. 7(1)–(4)

Sch. 2 Pt. I extended by the Pensions Increase (Civil Service Early Retirement Pension Scheme 1992) Regulations 1993, 1993/806, regs. 3,4 (which Regulations come into force 12.4.1993 but by reg. 4 it is provided that any increase of pensions payable by virtue of those Regulations shall have effect in respect of any pension beginning on or after 1.4.1992).

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1680, reg. 3

SCh. 2 Pt. I modified (25.7.1995) by S.I. 1995/1681, reg. 3

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1682, reg. 3

Sch. 2 Pt. I modified (25.7.1995) by S.I. 1995/1683, reg. 3

Ministerial and parliamentary E+W+S

1 E+W+S A pension payable under section 3 of the M1 Ministerial Salaries Consolidation Act 1965 (Prime Ministers) [F1 or under section 26 or section 27 of the M2 Parliamentary and other Pensions Act 1972 (Pensions of the Prime Minister and Speaker and their dependants).]

Textual Amendments

F1 Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(a)

Marginal Citations

M1 1965 c. 58.

M2 1972 c. 48.

2 E+W+S A pension payable under the M3 Lord Chancellor’s Pension Act 1832 [F2 as amended by section 28 of the M4 Parliamentary and other Pensions Act 1972.]

Textual Amendments

F2 Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(b)

Marginal Citations

M3 1832 c. 111.

M4 1972 c. 48.

3 E+W+S A pension payable F3 ... [F4 (except in respect of any period ending before 1st April 1972) under Mr Speaker King’s Retirement Act 1971.]

Textual Amendments

F3 Words in Sch. 2 para. 3 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 11

F4 Words inserted by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(2)(c)

[F5 3A E+W+S A pension which under the Parliamentary pension scheme (within the meaning of the Parliamentary and other Pensions Act 1987) is payable out of the Parliamentary Contributory Pension Fund.]

Textual Amendments

F5 Sch. 2 Pt. 1 para. 3A substituted by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), s. 6, Sch. 3 para. 3(3)

[F6 European Assembly E+W+S

Textual Amendments

F6 Para. 3B inserted by European Assemby (Pay and Pensions) Act 1979 (c. 50), s. 4(7)

3B E+W+S A pension payable under an order made under section 4 of the M5 European Assembly (Pay and Pensions) Act 1979.]

Marginal Citations

M5 1979 c. 50.

Civil Service E+W+S

4 E+W+S A pension payable under the M6 Superannuation Acts 1965 M7 and 1967 [F7 or under a scheme made under section 1 of the M8 Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act.]

Textual Amendments

F7 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(a)

Marginal Citations

M6 1965 c. 74.

M7 1967 c. 28.

M8 1972 c. 11.

[F8 4A E+W+S A pension payable under Part I or section 19 of the Judicial Pensions and Retirement Act 1993, other than a pension payable under or by virtue of section 10 of that Act.]

Textual Amendments

F8 Sch. 2 para. 4A inserted (31.3.1995) by 1993 c. 8, ss. 22(1), 31(2); S. I. 1995/631, art. 2

Administration of justice E+W+S

5—6. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

7 E+W+S A pension payable under section 9 of the M9 County Courts Act 1934 (county court judges).

Marginal Citations

M9 1934 c. 53.

8 E+W+S A pension payable under section 20 of the M10 Sheriff Courts (Scotland) Act 1907 or section 1 of the M11 Sheriffs’ Pensions (Scotland) Act 1961 (sheriffs and salaried sheriffs-substitute).

Marginal Citations

M10 1907 c. 51.

M11 1961 c. 42.

9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

10 E+W+S A pension payable under section 4(5) of the M12 Criminal Justice Administration Act 1956 (Recorder of Manchester or Liverpool).

Marginal Citations

M12 1956 c. 34.

11 E+W+S A pension payable under the Superannuation (President of the M13 Industrial Court) Act 1954.

Marginal Citations

M13 1954 c. 37.

12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

13 E+W+S A pension payable under the M14 Police Magistrates (Superannuation) Acts 1915 M15 and 1929 [F12 or under Part I of Schedule 1 to the M16 Administration of Justice Act 1973.]

Textual Amendments

F12 Words added by Administration of Justice Act 1973 (c. 15), Sch. 1 para. 11(2)

Marginal Citations

M14 1915 c. 74.

M15 1929 c. 37.

M16 1973 c. 15.

Police and firemen E+W+S

14 E+W+S A pension payable by a Secretary of State under the M17 Police (Overseas Service) Act 1945 to a person who at the time of his retirement was engaged as mentioned in section 1(1) of the Act.

This paragraph includes a substituted pension not so payable if the original pension is so payable.

Marginal Citations

M17 1945 c. 17 (9 & 10 Geo. 6).

15 E+W+S A pension payable by a Secretary of State under the M18 [F13 Police Pensions Act 1976] to a person who at the time of his retirement—

(a) was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945; or

[F14 (b) was engaged on service pursuant to an appointment under section 10 of the M19 Overseas Development and Co-operation Act 1980, [F15 or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ] being service in respect of which [F16 section 97 of the Police Act 1996 ] or, as the case may be, section 38A of the M20 Police (Scotland) Act 1967 had effect; or

(ba) was engaged on temporary service in accordance with [F17 section 26(2) of the Police Act 1996 ] or section 12A(2) of the M21 Police (Scotland) Act 1967; or ]

(c) was serving as an inspector or assistant inspector of constabulary under [F18 the Police Act 1996] or the M22 Police (Scotland) Act 1967; or

[F19 (d) was engaged—

(i) on relevant service within paragraph (b), (c) or (d) of section 97(1) of the Police Act 1996, or

(ii) on central service pursuant to section 38 of the Police (Scotland) Act 1967.]

This paragraph includes a substituted pension not so payable if the original pension is so payable.

Textual Amendments

F13 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(a)

F14 Sch. 2 para. 15(b)(ba) substituted for para. 15(b) (21.7.1994 for purposes specified in s. 94(3)(c)(d) of the substituting Act and 1.4.1995 for all remaining purposes) by 1994 c. 29, ss. 44, 94(3)(c)(d), Sch. 5 Pt. II para. 17; S.I. 1994/3262, art. 4(1), Sch. (with transitional provision in art. 5)

F15 Words in Sch. 2 para. 15(b) inserted (17.6.2002) by International Development Act 2002 (c. 1), s. 19, Sch. 3 para. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

F16 Words in Sch. 2 para. 15(b) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(2)(a)

F17 Words in Sch. 2 para. 15(ba) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(2)(b)

F18 Words in Sch. 2 para. 15(c) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 18(2)(c)

F19 Sch. 2 para. 15(d) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7, Pt. II, para. 18(2)(d)

Marginal Citations

M18 1976 c. 35.

M19 1980 c. 63

M20 1967 c. 77.

M21 1967 c. 77.

M22 1967 c. 77.

[F20 15A E+W+S A pension payable by a Secretary of State under regulations made under section 24 of the M23 Superannuation Act 1972 (compensation for loss of employment, etc.) to or in respect of such a person as is referred to in paragraph 15 above.]

Textual Amendments

F20 Sch. 2 para. 15A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(b)

Marginal Citations

M23 1972 c. 11.

16 E+W+S A pension payable by a Secretary of State in accordance with a scheme in force under section 26 of the M24 Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Marginal Citations

M24 1947 c. 41

[F21 16A E+W+S A pension payable by a Secretary of State to or in respect of a person in relation to whom a scheme may be made under the said section 26, being a pension payable under regulations made under section 24 of the M25 Superannuation Act 1972.]

Textual Amendments

F21 Para. 16A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(c)

Marginal Citations

M25 1972 c. 11.

Teachers E+W+S

17 E+W+S A pension payable under the Elementary School Teachers (Superannuation) Acts 1898 to 1912.

18 E+W+S A pension payable under the Teachers (Superannuation) Acts 1918 to 1956.

This paragraph does not include—

(a)

a pension specified in paragraph 56 of this Schedule; or

(b)

so much of any pension payable under the M26 said Acts of 1918 to 1956 as would not have been payable apart from an election under section 10(1) of the Teachers (Superannuation) Act 1956.

Marginal Citations

M26 1956 c. 53.

19 E+W+S A pension payable under the Education (Scotland) Acts 1939 to 1967.

This paragraph does not include a pension granted under Regulation 45 of the M27 Teachers (Superannuation) (Scotland) Regulations 1957.

Marginal Citations

M27 S.I. 1957/356.

20 E+W+S A pension payable under regulations made under [F22 section 9 of the M28 Superannuation Act 1972]

Textual Amendments

F22 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(d)

Marginal Citations

M28 1972 c. 11

[F23 20A E+W+S A pension payable to or in respect of a teacher under regulations made under section 24 of the M29 Superannuation Act 1972 (compensation for loss of employment, etc.).]

Textual Amendments

F23 Para. 20A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(e)

Marginal Citations

M29 1972 c. 11.

21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 2 Pt. I para. 21 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

National health service E+W+S

22 E+W+S A pension payable by a Secretary of State under or by virtue of any of the following:—

(a) section 6 of the M30 National Health Service Act 1946 or of the M31 National Health Service (Scotland) Act 1947 (former officers of voluntary hospitals);

(b) section . . . F25 68 of the National Health Service Act 1946 or section . . . F25 67 of the National Health Service (Scotland) Act 1947 (former officers of hospital authorities and others engaged in health services);

[F26 (c) regulations made under section 10 of the M32 Superannuation Act 1972;]

[F27 (d) section 44 of the M33 National Health Service Reorganisation Act 1973 or section 34A of the M34 National Health Service (Scotland) Act 1972.]

Textual Amendments

F25 Words repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F26 Para. 22(c) inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(h)

F27 Para. 22(d) inserted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 133

Marginal Citations

M30 1946 c. 81.

M31 1947 c. 27.

M32 1972 c. 11.

M33 1973 c. 32.

M34 1972 c. 58.

23 E+W+S A pension payable by a Secretary of State in consequence of any change affecting the National Health Service and payable—

(a) in pursuance of an order under section 11(9) of the National Health Service Act 1946; or

(b) under regulations made under section 60(2) of the M35 Local Government Act 1958, section 85(4) of the M36 London Government Act 1963 . . . F28

Textual Amendments

F28 Words repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

Marginal Citations

M35 1958 c. 55.

M36 1963 c. 33.

[F29 23A E+W+S A pension payable to or in respect of a person in relation to whom regulations may be made under the said section 10, being a pension payable under regulations made under section 24 of the said Act of 1972 (compensation for loss of employment, etc.).]

Textual Amendments

F29 Para. 23A inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(i)

National insurance E+W+S

24 E+W+S A pension payable by a Secretary of State in pursuance of regulations made under section 67 of the M37 National Insurance Act 1946 (loss of employment or diminution of emoluments attributable to passing of that Act of former employees of approved societies etc.).

Marginal Citations

M37 1946 c. 67.

25 E+W+S A pension payable in pursuance of rules made under section 3 of the M38 Superannuation (Miscellaneous Provisions) Act 1948 (former employees of approved societies etc.).

This paragraph does not include a pension payable under the [F30 principal civil service pension scheme within the meaning of section 2 of the M39 Superannuation Act 1972.]

Textual Amendments

F30 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(j)

Marginal Citations

M38 1948 c. 33.

M39 1972 c. 11.

26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F31 Sch. 2 Pt. 1 paras. 5, 6, 9, 12, 26 repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 30, Sch. 4

Diplomatic, colonial and overseas service E+W+S

27 E+W+S A pension payable under the M40 Governors Pensions Acts 1957 and 1967.

Marginal Citations

M40 1957 c. 62

[F32 27A E+W+S A pension payable under any scheme or part of a scheme made under section 2 of the Overseas Pensions Act 1973 which incorporates, replaces or amends the provisions of the M41 Governors’ Pensions Acts 1957 and 1967 or of the M42 Superannuation Act 1965 so far as it continued to have effect by virtue of section 23(2) of the M43 Superannuation Act 1972.]

Textual Amendments

F32 Para. 27A inserted by Overseas Pensions Act 1973 (c. 21), s. 4(3)

Marginal Citations

M41 1957 c. 62

M42 1965 c. 74.

M43 1972 c. 11.

F33 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Sch. 2 para. 28 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 11

29 E+W+S A pension payable under the M44 Diplomatic Salaries &c. Act 1869.

Marginal Citations

M44 1869 c. 43.

Service in Ireland U.K.

30 U.K. A pension payable under Schedule 8 to the M45 Government of Ireland Act 1920 (former Irish civil servants).

Marginal Citations

M45 1920 c. 67.

31 U.K. A pension payable to or in respect of an existing Irish officer within the meaning of the Government of Ireland Act 1920, under the Superannuation Acts 1834 to 1965.

32 U.K. A pension payable under the enactments relating to pensions of the Royal Irish Constabulary.

This paragraph does not include a pension payable under regulations made under section 1 of the M46 Royal Irish Constabulary (Widows’ Pensions) Act 1954.

Marginal Citations

M46 1954 c. 17.

Miscellaneous E+W+S

33 E+W+S A pension payable by a Secretary of State in respect of service as officer of a local valuation panel, under regulations made under section 85(4) of the M47 London Government Act 1963.

Marginal Citations

M47 1963 c. 33.

34 E+W+S A pension payable under section 29 of the M48 Finance Act 1932, section 60 of the M49 Finance (No. 2) Act 1945 or section 62 of the M50 Finance Act 1946 (compensation to tax collectors and assessors for loss of employment).

Marginal Citations

M48 1932 c. 25.

M49 1945 c. 13 (9 & 10 Geo. 6).

M50 1946 c. 64.

35 E+W+S A pension payable by way of residual compensation under Part IV of the M51 Gas (Staff Compensation) Regulations 1949 as amended by the M52 Gas (Staff Compensation) (Amendment) Regulations 1951 (gas meter examiners and others employed by local authorities before nationalisation).

Marginal Citations

M51 S.I. 1949/2289.

M52 S.I. 1951/1327.

36 E+W+S A widow’s pension payable by a Secretary of State in accordance with a scheme framed by the then Army Council under the M53 Injuries in War (Compensation) Act 1914 (Session 2) for established civil servants employed abroad within the sphere of military operations.

Marginal Citations

M53 1914 c. 18 (5 & 6 Geo. 5).

37 E+W+S A pension payable by a Secretary of State under regulations made under [F34 section 129 of the M54 Reserve Forces Act 1980] (civilian employees of Territorial and Auxiliary Forces Associations).

Textual Amendments

F34 Words substituted by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 157, Sch. 9 para. 11

Marginal Citations

M54 1980 c. 9

38 E+W+S A pension payable by a Secretary of State in respect of service with the St. Andrew’s Ambulance Association, by reference to regulations made under section 4 of the M55 Public Expenditure and Receipts Act 1968.

Marginal Citations

M55 1968 c. 14.

[F35 38A E+W+S A pension payable by virtue of paragraph [F36 10 of Schedule 1][F36 15(2) of Schedule 1 to the Enterprise and New Towns (Scotland) Act 1990 (as read with paragraph 7 of Schedule 3 to that Act)]or of regulations made under paragraph 3 of Schedule 3 to the M56 Scottish Development Agency Act 1975.]

Textual Amendments

F35 Para. 38A inserted by Scottish Development Agency Act 1975 (c. 69), Sch. 4 para. 2

F36 Words substituted (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 4

Marginal Citations

M56 1975 c. 69.

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

[F37 Scottish Parliament and Scottish Executive E+W+S

Textual Amendments

F37 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

F38 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

F38 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

[F39 National Assembly for Wales] E+W+S

Textual Amendments

F39 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

[F40 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

F40 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 M57 Peace Act 1949 (stipendiary magistrates).

Marginal Citations

M57 1949 c. 101.

41 E+W+S A pension payable by a local authority under Part I of the M58 Administration of Justice (Pensions) Act 1950 (widows and children of stipendiary magistrates and of chairmen and deputy chairmen of London Sessions).

Marginal Citations

M58 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) [F41 the M59 Police Pensions Act 1976, or any enactment repealed by the M60 Police Pensions Act 1948] or by the M61 Police Pensions Act 1921;

[F42 (b) section 51 or 52 of the Police Act 1996;]

(c) section 26 or 27 of the M62 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

F41 Words substituted by Police Pensions Act 1976 (c. 35), Sch. 2 para. 8(b)

F42 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

M59 1976 c. 35.

M60 1948 c. 24.

M61 1921 c. 31.

M62 1967 c. 77.

44 E+W+S A pension payable by a local authority, in respect of service as a member of a fire brigade, in accordance with a scheme in force under section 26 of the M63 Fire Services Act 1947.

This paragraph does not apply to a flat-rate pension, except where the rate depends on section 27(3) of that Act.

Marginal Citations

M63 1947 c. 41.

45 E+W+S A pension payable by a local authority, otherwise than as mentioned in paragraph 44 above, in respect of—

(a) service as a professional fireman (as defined by the M64 Fire Brigade Pensions Act 1925); or

(b) service which, by or under any enactment, is treated as approved service in a fire brigade.

Marginal Citations

M64 1925 c. 47.

46 E+W+S A derivative pension payable under the M65 Police Pensions Act 1921 in respect of a person to whom the M66 National Fire Service (Preservation of Pensions) (Police Firemen) Regulations 1941 applied at the time of that person’s death or retirement.

Marginal Citations

M65 1921 c. 31.

M66 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 M67 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 [F43 or as staff of such a committee; or.

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

Textual Amendments

F43 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

M67 1967 c. 28.

48 E+W+S A pension payable by F44 the [F45 London Residuary Body][F45 London Pensions Fund Authority]in respect of service ending with employment by the committee of magistrates for the inner London area.

Textual Amendments

F44 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F45 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 [F46 the][F47 London Residuary Body][F47 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

F46 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(1)

F47 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 F48 . . ., under any enactment other than section 15 of the M68 Superannuation (Miscellaneous Provisions) Act 1967 in respect of service ending with—

(a) service as a civilian employed under [F49 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 M69 Road Traffic and Roads Improvement Act 1960 or section 81(9) of the M70 Road Traffic Regulation Act 1967 [F50 section 95(1) of the Road Traffic Regulation Act 1984.]

Textual Amendments

F48 Words in Sch. 2 para. 51 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I

F49 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)

F50 Words inserted by Road Traffic Regulation Act 1984 (c. 27,SIF 107:1), s. 146, Sch. 13 para. 12

Marginal Citations

M68 1967 c. 28.

M69 1960 c. 63.

M70 1967 c. 76.

52 E+W+S A pension payable by a police authority under regulations made under section 60(2) of the M71 Local Government Act 1958, section 85(4) of the M72 London Government Act 1963 or section 4 of the M73 Public Expenditure and Receipts Act 1968 (compensation for loss of employment or emoluments due to reorganisation of local government etc). [F51 or under regulations made under section 24 of the M74 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

F51 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(k)

Marginal Citations

M71 1958 c. 55.

M72 1963 c. 33.

M73 1968 c. 14.

M74 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 M75 Local Government Superannuation Act 1953 [F52 or section 7 of the M76 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

F52 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(l)

Marginal Citations

M75 1953 c. 25.

M76 1972 c. 11.

[F53 53A E+W+S A pension payable in accordance with regulations under section 7 of the M77 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

F53 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

M77 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 M78 Local Government Act 1958 or section 85(4) of the M79 London Government Act 1963 (compensation for loss of employment or emoluments due to reorganisation of local government) [F54 or under regulations made under section 24 of the M80 Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.).]

Textual Amendments

F54 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para 89(m)

Marginal Citations

M78 1958 c. 55

M79 1963 c. 33.

M80 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 M81 Teachers (Superannuation) Act 1925.

Marginal Citations

M81 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 M82 Education Act 1921 or a voluntary school within the meaning of [F55 the Education Act 1996.].

Textual Amendments

F55 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

M82 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 [F56 regulations made under section 7 of the M83 Superannuation Act 1972.]

Textual Amendments

F56 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(n)

Marginal Citations

M83 1972 c. 11.

61 E+W+S A pension payable under [F57 section 6 of the M84 Coroners (Amendment) Act 1926 (county and borough coroners)][F57 paragraph 2 of Schedule 1 to the Coroners Act 1988.]

Textual Amendments

F57 Words substituted (E.W.) by Coroners Act 1988 (c. 13, SIF 33),s. 36(1), Sch. 3 para. 15

Marginal Citations

M84 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 M85 Local Government Act 1948 or section 92 of the M86 General Rate Act 1967 by a local valuation panel.

Marginal Citations

M85 1948 c. 26.

M86 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 M87 Rent Act 1965 or section 40 of the M88 Rent Act 1968 [F58 or section 63 of the M89 Rent Act 1977.]

Textual Amendments

F58 Words added by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 51

Marginal Citations

M87 1965 c. 75.

M88 1968 c. 23.

M89 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) [F59 or (c)] of this Act.

Textual Amendments

F59 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 89(o)

[F60 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

F60 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)

C2 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))

[F61 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

F61 Sch. 2 Pt. I paras 64A, 64B inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.61(2)

[F62 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

F62 Sch. 2 Pt. 1 para. 64C inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(3)

[F63 F64 64D E+W+S A pension payable by the London Pensions Fund Authority.]

Textual Amendments

F63 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)

F64 Para. renumbered 64D by S.I. 1990/198, art.3

Part III E+W+S Other Pensions

[F65 F66 65 E+W+S A pension payable by the trustees of a trustee saving bank or by the Inspection Committee of trustees saving banks]

Textual Amendments

F65 Sch. 2 Pt. III para. 65 repealed by Trustee Savings Banks Acts 1976 (c.4) Sch. 6 except in relation to any pension begining before 21.11.1976; the text is retained for this reason.

F66 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.

66 E+W+S A pension payable in respect of service with, or as compensation for loss of employment on the winding up of, the Raw Cotton Commission.

In relation to a pension within this paragraph the Minister for the Civil Service shall be taken to be the pension authority.

67 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F67 Sch. 2 pt. III para. 67 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

68 E+W+S A pension payable by the council of the London borough of Southwark in respect of employment in the borough market, Southwark.

[F68 68A E+W+S A pension payable by virtue of regulations made under section 3(2) of the M90 New Towns (Scotland) Act 1977.]

Textual Amendments

F68 Para. 68A inserted by New Towns (Scotland) Act 1977 (c. 16), s. 3(7)

Marginal Citations

M90 1977 c. 16.

Sections 7 and 17.

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

Modifications etc. (not altering text)

C3 Sch. 3 excluded by S.I. 1990/503, reg. 3(2)(b)(c)

C4 Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)

C5 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 M91 Police Act 1890 and section 10 of the M92 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 [F69 ,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64B][F70 and 64C.]

Textual Amendments

F69 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 61(3)

F70 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 179(4)

Modifications etc. (not altering text)

C6 Sch. 3 para. 1 (except 1(4)) extended by Pensions (Increase) Act 1974 (c. 9), s. 2(2)

C7 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)

C8 Sch. 3 para. 1(1) amended by S.I. 1989/1815, art. 7(7)

C9 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)

C10 Sch. 3 para 1(2) modified (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 18(4)(5).

C11 Sch. 3 Para 1(3) excluded by SI 1986/399, art. 9(7)(b)

Marginal Citations

M91 1890 c. 45.

M92 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)

C12 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 E+W+S It shall be the duty of [F71 the Post Office company] to increase in accordance with this Act any pension which is payable under the [F72 principal civil service pension scheme within the meaning of section 2 of the M93 Superannuation Act 1972] but in relation to which [F73 the Post Office company is] the pension authority by virtue of [F74 paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference to]section 44 of the M94 Post Office Act 1969; and where under [F75 the Post Office Act 1969 or any enactment reproducing its effect] part of a pension so payable is to be paid by [F71 the Post Office company] and part is not, this Act shall apply as if the two parts were separate pensions.

Textual Amendments

F71 Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(a)(e); S.I. 2001/1148, art. 2(2), Sch.

F72 Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 90(a)

F73 Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(b); S.I. 2001/1148, art. 2(2), Sch.

F74 Words in Sch. 3 para. 3 inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(c); S.I. 2001/1148, art. 2(2), Sch.

F75 Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(d); S.I. 2001/1148, art. 2(2), Sch.

Modifications etc. (not altering text)

C13 Para. 3 extended by Pensions (Increase) Act 1974 (c. 9), s. 2 (2)

Marginal Citations

M93 1972 c. 11.

M94 1969 c. 48.

[F76 (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

F76 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)

C14 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 M95 Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the M96 Teachers’ Superannuation (Amendment) Regulations 1970 ; or

(b) in regulation 50 of the M97 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

M95 S.I. 1967/489.

M96 S.I. 1970/10.

M97 S.I. 1969/77.

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

Modifications etc. (not altering text)

C15 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 M98 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

M98 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— E+W+S

[F77 (a) in England and Wales—

[F78 [F79 (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(ia) [F80 a combined police authority or]a combined fire authority, as defined in section 144 of the Local Government Finance Act 1988;]

[F81 (ib) the London Fire and Emergency Planning Authority;]

(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]]

[F82 (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 M99 Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M100 Local Government Superannuation Act 1937 or the M101 Local Government Superannuation (Scotland) Act 1937 [F83 or in accordance with regulations made under section 7 of the M102 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 [F84 or for the purposes of regulations made under section 7 of the M103 Superannuation Act 1972], any passenger transport executive [F85 for the purposes of Part II of the M104 Transport Act 1968][F86 and

(d) in Scotland to any water development board within the meaning of the M105 Water (Scotland) Act 1967 and to any river purification board established under the M106 Local Government (Scotland) Act 1973.]

Textual Amendments

F77 Para. 6(1)(a) substituted by S.I. 1974/595 , art. 3(16)

F78 Sch. 3 paras. 6(1)(a)(i)-(iii) substituted for words (E.W.) by S.I. 1990/776 , arts. 2(2) , 8 , Sch. 3 para. 14

F79 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 .

F80 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.

F81 Sch. 3 para. 6(1)(a)(ib) inserted (3.7.2000) by 1999 c. 29 , s. 328 , Sch. 29 Pt. I para. 13 (with Sch. 12 para. 9(1) ); S.I. 2000/1094 , art. 4(a)(h)

F82 Para. 6(1)(b) substituted by Pensions (Increase) Act 1974 (c. 9) , s. 3(4)(b)

F83 Words inserted by Superannuation Act 1972 (c. 11) , Sch. 6 para. 90(b)

F84 Words inserted by Superannuation Act 1972 (c. 11) , Sch. 6 para. 90(c)

F85 Words substituted by Transport Act 1985 (c. 67, SIF 126) , s. 57(6) , Sch. 3 para. 23

F86 Words inserted by Pensions (Increase) Act 1974 (c. 9) , s. 3(4)(c)

Marginal Citations

M99 1922 c. 59 .

M100 1937 c. 68 .

M101 1937 c. 69 .

M102 1972 c. 11 .

M103 1972 c. 11 .

M104 1968 c.73 ( 126 ).

M105 1967 c. 78 .

M106 1973 c. 65 .

7 (1) For the purposes of this Act “local government service” means service under any local authority [F87 , any county council, town council or district council and any other authority to whom section 270 of the M107 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 M108 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 M109 Local Government Staffs (War Service) Act 1939; and

(b) section 51(4) (firemen employed in training institutions) of the M110 London County Council (General Powers) Act 1949.

Textual Amendments

F87 Words inserted by Pensions (Increase) Act 1974 (c. 9), s. 3(4)(d)

Marginal Citations

M107 1947 c. 43.

M108 1916 c. 12.

M109 1939 c. 94.

M110 1949 c. 1v.

Section 10.

SCHEDULE 4 E+W+S Overseas Government Pensions (India, Pakistan and Burma)

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88

Textual Amendments

F88 Sch. 4 paras. 1, 3 repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2

2 E+W+S A pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either—

(a) service which ended before 15th August 1947; or

(b) service of which the termination was attributable to the passing of the M111 Indian Independence Act 1947; or

(c) service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity; it is immaterial whether the service was rendered by the pensioner or by another pension, and “pension rights” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

Marginal Citations

M111 1947 c. 30.

List of funds E+W+S

(i) The Bengal Military Fund and Orphans’ Society;

(ii) The Bombay Military Fund;

(iii) The Madras Military Fund;

(iv) The Madras Medical Fund;

(v) The Indian Navy Fund;

(vi) The Indian Civil Service Family Pension Fund (Untransferred);

(vii) The Superior Services (India) Family Pension Fund (Untransferred);

(viii) The Indian Military Widows’ and Orphans’ Fund (Untransferred);

(ix) The Indian Military Services Family Pension Fund (Untransferred);

(x) The Bengal and Madras Service Family Pension Fund.

3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

Textual Amendments

F89 Sch. 4 paras. 1, 3 repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2

4 E+W+S A pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either—

(a) service which ended before 4th January 1948; or

(b) service of which the termination was attributable to the passing of the M112 Burma Independence Act 1947; or

(c) service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

Marginal Citations

M112 1947 c. 3 (11 & 12 Geo. 6).

5 E+W+S A pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India.

6 E+W+S A pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937.

7 E+W+S A pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine.

Section 11.

SCHEDULE 5 E+W+S Other Overseas Government Pensions

Modifications etc. (not altering text)

C16 Sch. 5 applied (1.3.1995) by S.I. 1995/238, reg. 16

1 E+W+S A pension in respect of service under the government of an overseas territory by a person who—

(a) was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Overseas Governments and Administrations; or

(b) was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations; or

(c) was at any time a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Judiciary; or

(d) was at any time a designated officer under an Overseas Service Aid Scheme Agreement.

2 E+W+S A pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954.

3 E+W+S A pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service.

4 E+W+S A pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946.

5 E+W+S A pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

6 E+W+S A pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either—

(a) was engaged as mentioned in section 1(1) of the M113 Police (Overseas Service) Act 1945; or

(b) was engaged in service in respect of which the provisions of section 5 of the M114 Overseas Service Act 1958 had effect;

nor a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

Marginal Citations

M113 1945 c. 17 (9 & 10 Geo. 6).

M114 1958 c. 14.

Section 13.

SCHEDULE 6 E+W+S Employments Relevant to Section 13(2)

Modifications etc. (not altering text)

C17 Sch. 6 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

Sch. 6 applied (1.3.1995) by S.I. 1995/238, reg. 17

The following employments shall be included in section 13(2)(a) of this Act, namely,—

(a) employment in the College of Domestic Arts of South Wales and Monmouthshire;

(b) employment by the Wheat Commission;

(c) employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the [F90 Metropolitan Police Authority] , being employment remunerated out of the Metropolitan Police Fund;

F91 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the M115 National Health Service Act 1946 or the M116 National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority);

(f) practices as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947);

(g) employment to which the Overseas Superannuation Scheme applied;

(h) any other employment specified for this purpose by regulations of the Minister for Civil Service.

Textual Amendments

F90 Words in Sch. 6 para.(c) substituted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 24(2) (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F91 Sch. 6 para.(d) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i) (with Sch. 2 para. 2)

Marginal Citations

M115 1946 c. 81.

M116 1947 c. 27.

Section 18.

SCHEDULE 7 E+W+S Consequential Repeals

Modifications etc. (not altering text)

C18 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.

Chapter	Short Title	Extent of Repeal
10 & 11 Geo. 5. c. 36.	The Pensions (Increase) Act 1920.	The whole Act
14 & 15 Geo. 5. c. 32.	The Pensions (Increase) Act 1924.	The whole Act.
7 & 8 Geo. 6. c. 21.	The Pensions (Increase) Act 1944.	The whole Act.
10 & 11 Geo. 6. c. 7.	The Pensions (Increase) Act 1947.	The whole Act
11 & 12 Geo. 6. c. 24.	The Police Pensions Act 1948.	In Schedule 1, paragraphs 15 to 20.
12, 13 & 14 Geo. 6. c. 44.	The Superannuation Act 1949.	Section 48(1) to (4).
		Section 62(3).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.	The Pensions (Increase) Act 1952.	The whole Act
1 & 2 Eliz. 2. c. 25.	The Local Government Superannuation Act 1953.	In Schedule 4, paragraph 4.
2 & 3 Eliz. 2. c. 25.	The Pensions (Increase) Act 1954.	The whole Act.
3 & 4 Eliz. 2. c. 22.	The Pensions (India, Pakistan and Burma) Act 1955.	Section 3(1), except the words preceding pargraph (a) and except pargraph (c).
		In Schedule 2, Parts I and II.
4 & 5 Eliz. 2. c. 39.	The Pensions (Increase) Act 1956.	The whole Act.
6 & 7 Eliz. 2. c. 64.	The Local Goverment and Miscellaneous Financial Provisions (Scotland) Act 1958.	In Schedule 4, paragraphs 5 and 19.
7 & 8 Eliz. 2. c. 50.	The Pensions (Increase) Act 1959.	The whole Act
8 & 9 Eliz. 2. c. 9.	The Judicial Pensions Act 1959.	Section 7(1) and (2).
10 & 11 Eliz. 2. c. 30.	The Northern Ireland Act 1962.	Section 26(2).
11 & 12 Eliz. 2. c. 2.	The Pensions (Increase) Act 1962.	The whole Act.
1965 c. 11.	The Ministerial Salaries and Members’ Pensions Act 1965.	Section 17.
1965 c. 58.	The Ministerial Salaries Consolidation Act 1965.	Section 3(3) from “but” onwards.
1965 c. 78.	The Pensions (Increase) Act 1965.	The whole Act.
1969 c. 7.	The Pensions (Increase) Act 1969.	The whole Act.

Section 18.

SCHEDULE 8 U.K. Repeals of Spent Provisions

Part I E+W+S Outright Repeals

Chapter	Short Title	Extent of Repeal
1 & 2 Geo. 6. c. 31.	The Scottish Land Court Act 1938.	Section 1(3)
11 & 12 Geo. 6. c. 26.	The Local Government Act 1948.	In section 140, in subsection (1), the words “the Central Valuation Committee, the Railway Assessment Authority”, and subsection (3)(f) with the preceding “and”.
11 &12 Geo. 6. c. 33.	The Superannuation (Miscellaneous Provisions) Act 1948.	Section 13, so far as unrepealed.
8 & 9 Eliz. 2. c. 9.	The Judicial Pensions Act 1959.	Section 3(2).
		Section 7(3).
		Section 9(3).
1967 c. 73.	The National Insurance Act 1967.	In Schedule 7, paragraph 7.
1969 c. 44.	The National Insurance Act 1969.	Section 10(2).
1969 c. 63.	The Police Act 1969.	Section 5.
1970 c. 51.	The National Insurance (Old perons’ and widows’ pensions and attendance allowance) Act 1970.	Section 8(6).

Modifications etc. (not altering text)

C19 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.

Part II U.K. Repeals with Saving for Existing Pensions

Chapter	Short Title	Extent of Repeal
8 Edw. 7. c. 38.	The Irish Universities Act 1908.	Section 16(8).
9 & 10 Geo. 5. c. 19.	The Local Government (Ireland) Act 1919.	Section 8.
10 & 11 Geo. 5. c. 67.	The Government of Ireland Act 1920.	Section 9(4).
		Sections 54 and 55.
		Sections 57 to 59.
		In section 68, subsection (1) from the words “or any Act” onwards and subsection (2).
		Schedule 8.
13 Geo. 5. Sess. 2. c. 2.	The Irish Free State (Consequential Provisions) Act 1922 (Session 2).	In Schedule 1, paragraph 7(2).
25 & 26 Geo. 5. c. 23.	The Superannuation Act 1935.	Section 18(2).
12, 13 & 14 Geo. 6. c. 44.	The Superannuation Act 1949.	Section 56.
10 & 11 Eliz. 2. c. 30.	The Northern Ireland Act 1962.	Section 26(1) and (3).
1965 c. 74.	The Superannuation Act 1965.	Section 101.

No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act.