SCHEDULE 3AMENDMENTS OF THE RAILWAY PENSIONS (SUBSTITUTION) ORDER 1994

PART III

10.  In paragraph 4—

(a)in sub–paragraph (1)—

(i)after the words “then thereafter the provisions of this Schedule shall apply” there shall be inserted “to the specified amount and any interest added to that amount by any provision of this Schedule which has not been paid”;

(ii)after the words “or an amount specified in column 2 of Table B in relation to any particular year,” there shall be inserted “or the outstanding balance of a Table B amount,”;

(b)in sub–paragraph (2)—

(i)for the words “the persons administering the section” there shall be substituted “the persons administering the Paragraph 1 Section and the Paragraph 4 Section”;

(ii)after the words “as being such of those amounts as would, if they” there shall be inserted “, together with any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) which has not been paid,”;

(c)for sub–paragraphs (4) and (5) there shall be substituted the following—

(4) Where, by virtue of sub–paragraph (2), a duty to make payments has arisen in relation to a Table B amount which is comprised in a composite amount, then therafter, in paragraphs 2 and 3 (including paragraph 3 as it applies for the purposes of paragraph 11)—

(a)in sub–paragraph (b) of each of the definitions of “relevant amount” the reference to any amount specified in column 2 of Table B in relation to which there is no subsisting duty to make payments shall be taken to include a reference to a composite amount in relation to any part of which there is no subsisting duty to make payments under paragraph 2 or 3;

(b)in sub–paragraph (c)(ii) of each of the definitions of “relevant amount” the reference to any amount specified in column 2 of Table B of Schedule 2 to the 1995 Order in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule shall be taken to include a reference to a composite amount in relation to any part of which there is no subsisting duty to make payments under either of those paragraphs;

(c)in sub–paragraphs (a) and (b) of each of the defintions of “relevant amount” there shall be excluded from the amounts referred to in those sub–paragraphs any Table B amount comprised in a composite amount and in relation to which there is a subsisting duty to make payment; and

(d)in sub–paragraph (c) of each of the definitions of “relevant amount” there shall be excluded from the amounts referred to in that sub–paragraph any amount specified in column 2 of Table B of Schedule 2 to the 1995 Order comprised in a composite amount and in relation to which there is a subsisting duty to make payment under that Schedule.

(5) In this paragraph—

(a)except in sub–paragraph (4)(b) and (d), “composite amount” means a substitued amount which comprises more than one Table B amount, and

(b)in sub–paragraph (4)(b) and (d) “composite amount” means a composite amount within the meaning of paragraph 4(5)(a) of Schedule 2 to the 1995 Order..