Superannuation Act 1972

Persons employed in local government service, etc. E+W+S

7 Superannuation of persons employed in local government service, etc. E+W+S

(1) The Secretary of State may by regulations make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid to or in respect of such persons, or classes of persons, as may be so prescribed, being—

(a) persons, or classes of persons, employed in local government service; and

(b) other persons, or classes of persons, for whom it is appropriate, in the opinion of the Secretary of State, to provide pensions, allowances or gratuities under the regulations.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section—

(a) may include all or any of the provisions referred to in Schedule 3 to this Act; and

(b) may make different provision as respects different classes of persons and different circumstances.

(3) Notwithstanding anything in the M1 Pensions (Increase) Act 1971, regulations under this section may provide—

(a) that increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be paid out of such of the superannuation funds established under the regulations as the regulations may provide; and

(b) that the cost of those increases or of that part thereof, as the case may be, shall be defrayed by contributions from the persons to whom any services in respect of which the pensions, allowances or gratuities are or may become payable were or are being rendered or by such of those persons as may be so prescribed;

and any provisions of the said Act of 1971, or of regulations made under section 5 thereof, relating to liability for the cost of increases under that Act of pensions, allowances or gratuities payable under the regulations shall have effect subject to the provisions of any regulations made by virtue of this subsection and for the time being in force.

(4) Without prejudice to subsection (2) above, regulations made by virtue of subsection (3) above may make different provision as respects different classes of pensions, allowances or gratuities.

(5) Before making any regulations under this section the Secretary of State shall consult with—

(a) such associations of local authorities as appear to him to be concerned;

(b) any local authority with whom consultation appears to him to be desirable; and

(c) such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

Modifications etc. (not altering text)

C1 S. 7: Power to modify conferred (S.) by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 1, Sch. 1 para. 10(4)

C2 Certain functions transferred by Local Government Act 1985 (c. 51,SIF 81:1), s. 60(1)

Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C3 S. 7 applied (31.10.1991) by Justices of the Peace Act 1979 (c. 55), s. 59(1)(b) (as substituted by Criminal Justice Act 1991 (c. 53), s. 93(3); S.I. 1991/2208, art. 2(4), Sch. 3)

S. 7 excluded (14.3.1995) by S.I. 1995/402, reg. 3(1)(b)

S. 7 excluded (2.5.1995) by S.I. 1995/1019, reg. B8(2)(b)

S. 7 applied (4.5.1995) (temp. until 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4 S. 7: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table H1

C5 S. 7(3) extended by Pensions (Increase) Act 1974 (c. 9), s. 2(2)

S. 7(3) modified (E.W.) (prosp.) by 1994 c. 29, ss. 82(6), 94(2) (which s. 82 was repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I)

S. 7(3) extended (E.W.) (19.6.1997) by 1997 c. 25, ss. 50(6), 74(1)(2) (with Sch. 4 para. 27)

C6 S. 7(4) modified (E.W.) (prosp.) by 1994 c. 29, ss. 82(6), 94(2) (which s. 82 was repealed (E.W.) (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I)

S. 7(4) extended (E.W.) (19.6.1997) by 1997 c. 25, ss. 50(6), 74(1)(2) (with Sch. 4 para. 27)

Marginal Citations

M1 1971 c. 56.

8 Local Act schemes. E+W+S

(1) The Secretary of State may make regulations providing for—

(a) the revocation of the local Act scheme administered by a local Act authority;

(b) the winding up of the superannuation fund maintained under that scheme and the transfer of its assets and liabilities to such superannuation fund as may be specified in the regulations;

(c) the modification of regulations made under section 7 of this Act for the purpose of securing that rights enjoyed by and in respect of the persons who were entitled to participate in the benefits of the superannuation fund which is to be wound up are preserved;

(d) such other consequential and incidental matters as appear to the Secretary of State to be necessary or expedient.

(2) The Secretary of State may by regulations make such additions to, or modifications of, a local Act scheme as he considers necessary to reproduce (with or without modifications) the effect of any enactment relating to the local Act scheme and repealed by this Act.

In this subsection “enactment” includes any instrument made under an Act.

(3) Regulations under section 7 of this Act may provide for any of their provisions to apply, subject to such modifications as may be prescribed by the regulations, in relation to such local Act schemes as may be so prescribed or in relation to such pensions, allowances or gratuities, payable under such local Act schemes, as may be so prescribed; and where by virtue of this subsection any provisions of the regulations are so applied, the local Act scheme shall have effect subject thereto.

(4) Before making any regulations under this section the Secretary of State shall consult with the local Act authority concerned and with such representatives of other persons likely to be affected by the proposed regulations as appear to him to be appropriate.

(5) In this section “local Act authority” means a local authority who, not maintaining a superannuation fund in accordance with regulations under section 7 of this Act, maintain a superannuation fund under a local Act and “local Act scheme” means the superannuation scheme which such an authority administer.

Modifications etc. (not altering text)

C7 Ss. 7-10, 11(2), 12, 15(5), 16, 24: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3