Pensions (Increase) Act 1971

11 Other overseas government pensions. E+W+S

(1) The Secretary of State may, with the approval of the Minister for the Civil Service, make regulations authorising the payment by the Secretary of State, in respect of pensions to which this section applies or any class of such pensions, of supplements of such amount as may be specified in the regulations in accordance with this section.

(2) This section applies—

(a) to any pension described in Schedule 5 to this Act and falling within subsection (3) below; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c) to any pension of which the cost is to be reimbursed in whole or in part by Her Majesty’s Government in the United Kingdom to the government of an overseas territory (other than the government of India, Pakistan or Burma) under arrangements made in pursuance of section 1 of the M1 Overseas Aid Act 1966, or in respect of which the Secretary of State determines, with the consent of the Minister for the Civil Service, that Her Majesty’s Government would be prepared to enter into arrangements for the cost to be so reimbursed;

except that it does not apply to compensation which is payable either by way of lump sum or by instalments over a fixed period and which appears to the Secretary of State to be payable in consequence of constitutional changes or circumstances arising from such changes in any territory or territories.

(3) This section shall apply to a pension by virtue of subsection (2)(a) above if the pension—

(a) is payable to or in respect of a person who is certified by the Secretary of State, with the consent of the Minister for the Civil Service (or has been certified by any Minister under section 3 of the M2 Pensions (Increase) Act 1962) as having been an overseas officer in relation to any territory in or for which any services giving rise to the pension were rendered; and

(b) in the case of a derivative pension, is payable either by the government of an overseas territory or in accordance with an enactment, scheme or other instrument specified in the regulations as being approved by the Secretary of State for the purposes of this section.

[F2 (4) The supplements which may be authorised by regulations under this section in the case of pensions of any class are supplements, in respect of a period beginning on or after 1st September 1971, of amounts which, when account is taken of—

(a) any increase or supplement payable in respect of the pensions apart from this section;

(b) any other additions to the value of those pensions; and

(c) the amount of such other pensions as may be specified by the regulations (being pensions payable to the recipients of the first-mentioned pensions wholly or partly in respect of service in respect of which the first-mentioned pensions are payable);

appear to the Secretary of State to correspond as nearly as may be with the increases payable under Part I of this Act on official pensions.]

(5) Regulations under this section may make different provision in relation to different classes of pension, and—

(a) may prescribe the manner in which applications for supplements under this section are to be made and the evidence required in connection with such applications; and

(b) contain such other incidental provisions as the Secretary thinks fit.

(6) The consent of the Minister for the Civil Service under subsection (3) above may be given generally in respect of persons of such descriptions as may be specified in the consent and subject to such limitations (if any) as may be so specified.

(7) For the purposes of this section “overseas territory” means any territory or country outside the United Kingdom, and “government of an overseas territory” includes a government constituted for two or more overseas territories and any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more overseas territories. F3

Textual Amendments

F1 S. 11(2)(b) repealed by Overseas Pensions Act 1973 (c. 21), Sch. 2

F2 S. 11(4) substituted by Overseas Pensions Act 1973 (c. 21), s. 4(2)

F3 S. 11A inserted by Overseas Pensions Act 1973 (c. 21), s. 4(1)

Modifications etc. (not altering text)

C1 Ss. 11, 11A, 12, 13, 15 have effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: SI 1981/1670, arts 2(1)(c), 3(5)

Marginal Citations

M1 1966 c. 21.

M2 1962 c. 2 (11 & 12 Eliz. 2).