Part I E+W+S General Provisions

Modifications etc. (not altering text)

C1 Pt. I extended by Social Security Pensions Act 1975 (c. 60), s. 59(7)

5 Scope of Act, and general powers to extend and adapt increases. E+W+S

(1) For purposes of this Act “official pension” means, subject to subsection (2) below, any of the pensions specified in Schedule 2; and in the case of a pension specified in Part II of the Schedule it shall be the duty of a pension authority, except as otherwise provided by section 9(7) [F1 or (7A)] below, to increase the pension in accordance with this Act.

(2) The Minister for the Civil Service may by regulations provide that this Act shall have effect in relation to any pensions not specified in Schedule 2 as if they were specified in such Part of that Schedule as may be directed by the regulations; and regulations under this subsection—

(a) may include such incidental, consequential and supplemental provisions as appear to the Minister to be expedient; and

(b) may in particular make provision for securing that the cost of increasing any pension is borne by the appropriate authority.

(3) The Minister for the Civil Service, if satisfied in the case of any official pension that it is proper so to do, may by regulations direct (either generally or [F2 for any particular purpose] that the provisions of this Act shall apply in relation to that pension subject to such modifications, adaptations and exceptions as may be specified in the regulations.

The power conferred by this subsection on the Minister for the Civil Service may be exercised also, with his consent, by the Lord Chancellor, [F3 the Secretary of State . . . F4 .]

(4) Any regulations under this section may provide for increases to take effect from a date before the making of the regulations.

Textual Amendments

F1 Words inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 85

F2 Words substituted by Social Security Pensions Act 1975 (c. 60), Sch. 4 Pt. I para. 18

F3 Words substituted by S.I. 1974/1264, art. 5(3)

F4 Words repealed (21.11.1979) by S.I. 1979/1451, Sch. 3

Modifications etc. (not altering text)

C2 S.5 extended by Parliamentary and other Pensions Act 1972 (c. 48), s. 31(3)

C3 S. 5 has effect as if any rference to the Minister for the Civil Service were a refeerence to the Treasury: SI 1981/1670, arts 2(1)(c), 3(5)

C4 S. 5(2) extended by Pensions (Increase) Act 1974 (c. 9), s. 4(2)

C5 S. 5(3) amended by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), s. 6, sch. 3 para 3(1)