Police Pensions Act 1961

1961 CHAPTER 35

An Act to provide for the consolidation, with or without changes authorised by the Police Pensions Act, 1948, of regulations under section one of that Act; and to make further provision for the application of the regulations in relation to special constables.

[22nd June 1961]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Consolidation of police pensions regulations, etc.

(1) Without prejudice to any other power to revoke regulations made under section one of the [11 & 12 Geo. 6. c. 24.] Police Pensions Act, 1948 (in this Act referred to as " the principal Act "), the power to make regulations under that section shall include, and be deemed always to have included, power to revoke regulations previously made under that section; but regulations under the said section one which revoke previous regulations under that section, either wholly or as respects cases or matters of any description, shall contain provisions having the same effect as the provisions they revoke, except for any change (whether by way of alteration or omission) made in accordance with the principal Act.

(2) Where any persons are receiving, or subject to any necessary claim being made and allowed are entitled to receive, benefits conferred by regulations under the said section one as applied to special constables or their dependants by an instrument made under the [4 & 5 Geo. 5. c. 61.] Special Constables Act, 1914, or section eleven of the [4 & 5 Eliz. 2. c. 26.] Police (Scotland) Act, 1956, then any such instrument which revokes or otherwise changes the regulations so as to affect those benefits shall apply provisions of regulations under the said section one to those persons, either with or without modifications, so as to secure to them benefits not less advantageous than the benefits aforesaid.

(3) Subsection (2) of section two of the principal Act (which provides for regulations not to be invalid by reason only of their failure to secure the results specified in subsection (1) of that section but requires their amendment to secure those results) shall have effect as if the reference to the said subsection (1) included a reference to the foregoing subsections and as if the references to regulations or amending regulations under section one of the principal Act included references to an instrument or amending instrument under the said Act of 1914 or the said section eleven.

(4) Subsection (2) of section eight of the principal Act (which provides that references to Acts and regulations in that Act are references to Acts and regulations as amended) shall have effect for the purposes of this section as if the first reference to that Act were a reference to this Act.

2 Citation and extent.

(1) This Act may be cited as the Police Pensions Act, 1961, and this Act and the principal Act may be cited together as the Police Pensions Acts, 1948 and 1961.

(2) Except for the purposes of the proviso to subsection (3) of section nine of the principal Act (which relates to payments to persons or funds in Northern Ireland), this Act shall not extend to Northern Ireland.