International Development Act 2002

SCHEDULES

Section 9

SCHEDULE 1 Statutory bodies to which section 9 applies

• British Tourist Authority

• A Health Authority

• A Health Board

• A National Health Service trust established under Part 1 of the National Health Service and Community Care Act 1990 (c. 19) or under the National Health Service (Scotland) Act 1978 (c. 29)

• A Primary Care Trust

• Public Health Laboratory Service Board

• A Special Health Authority

• A Special Health Board

• Wales Tourist Board

Section 13

SCHEDULE 2 The Commonwealth Scholarship Commission

Tenure of office of members

1 (1) A member of the Commission holds and vacates office in accordance with the terms of his appointment.

(2) A member may resign by notice in writing to the Secretary of State.

(3) After ceasing to hold office, a member is eligible for reappointment.

Proceedings

2 (1) The quorum of the Commission is six.

(2) The validity of any proceedings of the Commission is not affected by—

(a) any defect in the appointment of any member, or

(b) any vacancy.

Committees

3 (1) The Commission may appoint committees to assist them in the discharge of their functions.

(2) A committee may include persons who are not members of the Commission.

(3) The Commission may delegate any of their functions to a committee, with or without restrictions or conditions.

Financial provision

4 (1) The expenses of the Commission, up to such amount as may be approved by the Secretary of State with the consent of the Treasury, may be defrayed by the Secretary of State.

(2) For this purpose “expenses” includes travelling and other allowances paid to—

(a) members of the Commission or of any committee of the Commission, or

(b) persons chosen by the Commission to act as advisers.

Annual reports

5 (1) As soon as possible after 30th September in each year, the Commission must make to the Secretary of State a report on the discharge of their functions during the period of 12 months ending with that day.

(2) The Secretary of State must lay a copy of the report before each House of Parliament.

Section 19

SCHEDULE 3 Consequential amendments

Trustee Investment Act 1961 (c. 62)

1 In Part 2 of Schedule 1 to the Trustee Investment Act 1961 (narrower-range investments requiring advice), in paragraph 19, for “References” to the end substitute—

“For this purpose—

(a) “overseas territory” means any territory or country outside the United Kingdom, and

(b) the reference to the government of any overseas territory includes a reference to a government constituted for two or more overseas territories, and to 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 such territories.”

Parliamentary Commissioners Act 1967 (c. 13)

2 In Schedule 3 to the Parliamentary Commissioners Act 1967 (matters not subject to investigation), in paragraph 10(2)(a), after “1980” insert “or pursuant to the exercise of his powers under Part I of the International Development Act 2002”.

Police (Scotland) Act 1967 (c. 77)

3 (1) Amend section 38A of the Police (Scotland) Act 1967 (status of constables undertaking relevant service) as follows.

(2) In subsection (1) (meaning of relevant service), at the end of paragraph (e) insert “, or

(f) service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.”

(3) In subsection (6) (application of police regulations while undertaking relevant service), in paragraph (a) for “or (e)” substitute “, (e) or (f)”.

Pensions (Increase) Act 1971 (c. 56)

4 In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 15(b), after “1980” insert “or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002”.

Overseas Pensions Act 1973 (c. 21)

5 In section 2 of the Overseas Pensions Act 1973 (superannuation schemes as respects certain overseas service etc), in subsection (2)(d), in both sub-paragraph (i) and sub-paragraph (ii), after “1980” insert “or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002”.

Police Pensions Act 1976 (c. 35)

6 (1) In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2)(b), after “1980” insert “or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002”.

(2) In section 11 of that Act (interpretation), in subsection (1)(a), after “1980” insert “or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002”.

Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)

7 In section 13B of the Customs and Excise Duties (General Reliefs) Act 1979 (persons to whom provisions about relief from duties etc. apply), in subsection (1), for paragraph (b)(v) substitute—

“(v) the International Development Act 2002.”

Stock Transfer Act 1982 (c. 41)

8 In Schedule 1 to the Stock Transfer Act 1982 (meaning of “specified securities”), for paragraph 4(2) substitute—

“(2) For this purpose—

(a) “overseas territory” means any territory or country outside the United Kingdom, and

(b) the reference to the government of any overseas territory includes a reference to a government constituted for two or more overseas territories, and to 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 such territories.”

Income and Corporation Taxes Act 1988 (c. 1)

9 (1) Amend section 615 of the Income and Corporation Taxes Act 1988 (exemption from tax in respect of certain pensions) as follows.

(2) In subsection (8) (interpretation), omit paragraphs (a) and (b).

(3) After subsection (8) insert—

“(9) For the purposes of this section, a person shall be taken to be employed in the public service of an overseas territory at any time when—

(a) he is employed in any capacity under the government of that territory, or under any municipal or other local authority in it,

(b) he is employed, in circumstances not falling within paragraph (a) above, by a body corporate established for any public purpose in that territory by an enactment of a legislature empowered to make laws for that territory, or

(c) he is the holder of a public office in that territory in circumstances not falling within either paragraph (a) or (b).

(10) For the purposes of subsection (9), references to the government of an overseas territory include references to a government constituted for two or more overseas territories, and to 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 such territories.”

10 In Schedule 11 to that Act (payments etc in connection with termination of employment), in paragraph 6(2) (tax not chargeable under section 148), for “the Overseas Development and Cooperation Act 1980: see sections 10(2) and 13(1) and (2) of that Act” substitute “section 615”.

Police Act 1996 (c. 16)

11 (1) Amend section 97 of the Police Act 1996 (status of police officers undertaking relevant service) as follows.

(2) In subsection (1) (meaning of relevant service), at the end of paragraph (g) insert “, or

(h) service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a person is engaged with the consent of the appropriate authority.”

(3) In subsection (6) (application of police regulations while undertaking relevant service), in paragraph (a) for “or (g)” substitute “, (g) or (h)”.

Police (Northern Ireland) Act 1998 (c. 32)

12 (1) Amend section 27 of the Police (Northern Ireland) Act 1998 (status of police officers undertaking relevant service) as follows.

(2) In subsection (1) (meaning of relevant service), at the end of paragraph (h) insert “, or

(j) service in connection with the provision by the Secretary of State of assistance under the International Development Act 2001 on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable.”

(3) In subsection (5) (application of police regulations while undertaking relevant service), in paragraph (b) for “or (h)” substitute “, (h) or (j)”.

Section 19

SCHEDULE 4 Repeals

Short title and chapter	Extent of repeal
Police (Scotland) Act 1967 (c. 77).	In section 38A(1)(d), the word “or”.
Overseas Development and Co-operation Act 1980 ( c. 63).	The whole Act.
Fisheries Act 1981 (c. 29).	Section 3(6).
Miscellaneous Financial Provisions Act 1983(c. 29).	Section 4(4).
Coal Industry Act 1987 (c. 3).	In Schedule 1, paragraph 37.
Income and Corporation Taxes Act 1988 (c. 1).	Section 615(8)(a) and (b).
National Health Service and Community Care Act 1990 (c. 19).	In Schedule 9, paragraph 21.
Coal Industry Act 1994 (c. 21).	In Schedule 9, paragraph 24.
Health Authorities Act 1995 (c. 17).	In Schedule 1, paragraph 105.
Police Act 1996 (c. 16).	In section 26(8), the words “and section 10 of the Overseas Development and Co-operation Act 1980”.
	In section 97(1)(f), the word “or”.
Police (Northern Ireland) Act 1998 ( c. 32).	In section 27(1)(g), the word “or”.
Police (Northern Ireland) Act 2000 (c. 32).	Section 8(6).

Section 20

SCHEDULE 5 Transitional provisions and savings

Orders

1 (1) Any order under section 6 of the Overseas Development and Co-operation Act 1980 (c. 63) (“the 1980 Act”) (international development banks and the International Development Association) which has effect immediately before the commencement of this Act shall have effect on and after that time as if it were an order made under section 11 of this Act.

(2) This paragraph is without prejudice to section 17(2)(b) of the Interpretation Act 1978 (c. 30) (saving of subordinate legislation on repeal and re-enactment of a provision).

Guarantees

2 The repeal by this Act of the 1980 Act shall not prevent any guarantee given (or treated as given) under section 8 of that Act from continuing to have effect after the coming into force of this Act; and subsections (7) and (9) of that section shall continue to have effect in relation to a guarantee given (or treated as given) under that section.

Officers

3 An officer who immediately before the coming into force of this Act holds an appointment under section 10 of the 1980 Act (appointment of officers available for public service overseas) shall continue to hold office in accordance with that section after the coming into force of this Act.

Agreements relating to employment in public service

4 The repeal by this Act of the 1980 Act shall not prevent any agreement entered into under section 12 of that Act from continuing to have effect after the coming into force of this Act.

Existing savings etc.

5 Nothing in this Act affects the continued operation after the commencement of this Act of any saving or transitional provision contained in an enactment repealed by this Act, insofar as it was operating immediately before the commencement of this Act.