Parliamentary and Other Pensions Act 1972

27 Pensions for dependants of Prime Minister or Speaker. U.K.

(1) In relation to a person who has held office as Prime Minister and First Lord of the Treasury or as Speaker of the House of Commons at any time after 1st April 1972 (whether before or after the passing of this Act) and has died (whether before or after the passing of this Act) [F1 the designated provisions shall have effect as if—

(a) at the time of his death that person had been entitled [F2 under a scheme made by the Minister for the Civil Service under paragraph 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010 to receive a pension payable out of the Parliamentary Contributory Pension Fund in respect of service to which that paragraph applies]

[F3 (b) for the purposes of that scheme, that person’s basic or prospective pension were of an amount equal to his section 26 entitlement]

(c) references in the designated provisions to the trustees of the Fund were references to the [F4 Minister for the Civil Service ].

[F5 (1A) For the purposes of subsection (1)(b), the amount of a person’s section 26 entitlement—

(a) where at the time of his death he was entitled to receive a pension under section 26 of this Act (whether or not, by virtue of subsection (2) of that section, the pension was payable), is the annual amount of the pension to which he was entitled under that section at the time when he ceased to hold that office or (if later) on 28th February 1991, and

(b) where at the time of his death he held office as Prime Minister and First Lord of the Treasury or as Speaker of the House of Commons, is the annual amount of the pension to which he would have been entitled under that section if he had ceased to hold office immediately before his death,

but in either case, any provision which deems such a pension to have begun on a day earlier than the day referred to in section 8(2) of the Pensions (Increase) Act 1971 shall be disregarded.]

(2) For the purposes of subsection (1) above the designated provisions are such of the provisions contained in [F6 a scheme made by the Minister for the Civil Service under paragraph 16 of Schedule 6 to the Constitutional Reform and Governance Act 2010 ] as—

(a) have effect for the purposes of, or in connection with, the payment out of the Parliamentary Contributory Pension Fund of a pension in respect of service [F7 to which that paragraph applies]—

(i) to the [F8 widow, widower or surviving civil partner]F8 of a person with such service; or

(ii) for the benefit of any children of any person; and

(b) are designated for the purposes of this section by regulations made by the [F9 Minister for the Civil Service].

(2A) The power to make regulations designating any provisions for the purposes of this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

(3) Any pension payable under this section shall be charged on and paid out of the Consolidated Fund.

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (5) In this section—

• “ children ” includes adopted children, stepchildren and illegitimate children; and

• F12 ...F12 ...F12 ...F12 ...F12 ...]

Textual Amendments

F1 Words substituted by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), ss. 2, 6, Sch. 3 paras. 1(4), 4(1)(3)

F2 Words in s. 27(1)(a) substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 36(2)(a) (with Sch. 6 para. 37(1)); S.I. 2011/2485, art. 2(1)

F3 S. 27(1)(b) substituted (19.7.1995 with effect as mentioned in s. 170(7) of the amending Act) by 1995 c. 26, s. 170(2)(7)

F4 Words in s. 27(1)(c) substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 36(2)(b) (with Sch. 6 para. 37(1)); S.I. 2011/2485, art. 2(1)

F5 S. 27(1A) inserted (19.7.1995 with effect as mentioned in s. 170(7) of the amending Act) by 1995 c. 26, s. 170(3)(7)

F6 Words in s. 27(2) substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 36(3)(a) (with Sch. 6 para. 37(1)); S.I. 2011/2485, art. 2(1)

F7 Words in s. 27(2)(a) substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 36(3)(b) (with Sch. 6 para. 37(1)); S.I. 2011/2485, art. 2(1)

F8 Words in s. 27(2)(a)(i) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 256, 263, Sch. 25 para. 3; S.I. 2005/3175, art. 2(1), Sch. 1

F9 Words in s. 27(2)(b) substituted (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 36(3)(c) (with Sch. 6 para. 37(1)); S.I. 2011/2485, art. 2(1)

F10 S. 27(4) repealed (28.2.1991 with application as mentioned in s. 1(4) of the repealing Act) by Ministerial and other Pensions and Salaries Act 1991 (c. 5, SIF 89), s. 1 (3)(4)

F11 S. 27(5) inserted by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), ss. 2, 6, Sch. 3 paras. 1(4), 4(2)(3)

F12 Words in s. 27(5) omitted (24.10.2011) by virtue of Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 36(4) (with Sch. 6 para. 37(1)); S.I. 2011/2485, art. 2(1)

Modifications etc. (not altering text)

C1 S. 27: transfer of functions conferred (1.4.1995) by 1995/269, art. 3, Sch. para. 8

C2 S. 27 modified (24.10.2011) by Constitutional Reform and Governance Act 2010 (c. 25), s. 52, Sch. 6 para. 37; S.I. 2011/2485, art. 2(1)