Continuation of certain payments
1.—(1) Without prejudice to the provisions of the Interpretation Act 1978(1) and Schedule M4 to these regulations, where immediately before the commencement date any payments remained to be made (or were deemed to be due) under a provision of the 1986 regulations which is re-enacted in these regulations, they shall be deemed to be payments due under the corresponding provision of these regulations.
(2) Without prejudice to the generality of sub-paragraph (1), any payments remaining to be made under a provision of the 1986 regulations specified in column (1) of the Table below (including any payments treated as being made under any such provision by virtue of regulation C9(1) of those regulations), shall be deemed to be payments due under the provision of these regulations specified in column (2).
TABLE
| 1986 regulations | These regulations |
|---|---|
| Reg C3 | Regulation C5 |
| Reg C3A | Regulation C6 |
| Reg C4 | Regulation C7 |
| Reg C6 | Regulation C9 |
| Reg C8 (additional contributions) | Regulation C13 |
| Reg C8A | Regulation C14 |
| Reg C9A | Regulation C24 |
(3) Subject to any contrary provision made by these regulations and, in particular, the following provisions of this Schedule, where—
(a)immediately before 1st March 1986 any payments remained to be made under a provision of the 1974 regulations specified in paragraph (4); or
(b)immediately before the commencement date any payments remained to be made under a provision of the 1986 regulations specified in paragraph (5) (including any payments treated as being made under any such provision by virtue of regulation C9(1) of those regulations),
then, notwithstanding the revocations made by these regulations—
(i)those payments remain payable;
(ii)in so far as any provisions which immediately before the commencement date have effect in relation to those payments are not re-enacted in these regulations, they shall be deemed to have continued in effect in relation to those payments (with such modifications as may be appropriate); and
(iii)where any such provisions are so re-enacted, the corresponding provision of these regulations shall continue to have effect in relation to them.
(4) The payments mentioned in paragraph (3)(a) are payments under the following provisions of the 1974 regulations—
(a)regulation D6 (non-contributing service);
(b)regulation D7 (previous employment treated as non-contributing service);
(c)regulation D8 (additional contributory payments under former regulations);
(d)regulation D10 (added years); and
(e)regulation D11 (payments under former regulations for added years).
(5) The payments mentioned in paragraph (3)(b) are payments under the following provisions of the 1986 regulations—
(a)regulation C6A (payments in respect of previous part-time service);
(b)regulation C7 (additional payments by certain pensionable employees in respect of previous service);
(c)regulation C7A (additional payments in respect of previous part-time service);
(d)regulation C8 (payments to avoid reduction of retiring allowance or death grant, where election to make payment by lump sum or instalments).
(6) The following provisions of this Schedule are without prejudice to the generality of this paragraph.