Superannuation Act 1965

• (a) the said Part III applied to him during all periods during which it would have applied to him if he had not made the election; and

• (b) any persons who, on any date, would be or would have been presumptively eligible for a pension under the said Part III in respect of his service were then, or, as the case may be, had then been, presumptively eligible for such a pension in respect thereof.

Avoidance of nominations.

73

• (1) A purported nomination made in contravention of any of the provisions of the three last foregoing sections shall be void.

• (2) A nomination validly made may at any time be revoked by the nominator by a notice given by him and shall thereupon become void.

• (3) Where a nomination validly made becomes, owing to a change in circumstances, one which is not permissible under the three last foregoing sections, it shall thereupon become void.

• (4) A nomination shall become void on the death of the nominee.

• (5) Subject to the provisions of Schedule 5 to this Act, a nomination which is made during the nominee's period of childhood and full-time education shall become void upon the cessation of the nominee's period of childhood and full-time education.

Renominations of nominees under previous nominations which have become void.

74

• (1) A nomination which is otherwise valid shall not be invalid by reason only that the nominee has previously been nominated by the same person under a nomination which has become void.

• (2) Where a nomination validly made has become void at any time on the ground that a child of the nominator might then have been but was not a nominee of his and the nominator has died or retired without having made a new nomination, the Treasury may, if in the circumstances they think fit so to do, direct that the provisions of this Act shall have effect as if the nominator, immediately after the event by which the nomination was avoided, had nominated the person who was the nominee under the nomination (or, where more than one nomination was avoided by that event, such of those persons as may be specified in the direction) and had also nominated his child.

• (3) Where a person nominates another person who has been his nominee under a previous nomination which has become void, then, subject to the provisions of subsection (4) of this section, the Treasury may, if in the circumstances they think fit so to do, direct that the contributions payable in respect of the nominations shall be calculated as if the previous nomination had never become void:

Provided that where the nominator has elected to make periodical contributions under the first nomination, he shall not, except so far as the Treasury may otherwise direct, make periodical contributions in respect of the period after the first nomination became void and before the new nomination is made, and the amount which he is to contribute by way of a reduction of his additional allowance or gratuity shall be calculated accordingly.

• (4) The provisions of subsection (3) of this section shall not apply where—

• (a) the nominee is, under the new nomination, and was not, under the previous nomination, presumptively eligible for a life pension, or

• (b) the nominee is not, under the new nomination, but was, under the previous nomination, presumptively eligible for a life pension,

but, in any such case, the Treasury may, if they think fit, direct that—

• (i) all or any of the periodical contributions, if any, made in respect of the first nomination shall be returned to the nominator; and

• (ii) no contribution, or a reduced contribution, shall be made in respect of the first nomination by way of a reduction of an additional allowance or gratuity.

• (5) Where any contributions are returned under subsection (4) of this section, they may be returned with compound interest at such rate or rates as the Treasury may from time to time determine.

Power to refuse nominations on ground of nominator's ill-health.

75

• (1) The Treasury may refuse to accept a nomination if they are not satisfied that the nominator was, having regard to his age, in good health at the time of the making of the nomination, and any nomination refused under this subsection shall be void.

• (2) A person who makes a nomination shall, when he makes the nomination and subsequently, make such declarations and provide such information as the Treasury may reasonably require for the purpose of enabling them properly to exercise the powers conferred on them by subsection (1) of this section and shall, if so required by the Treasury for that purpose, submit to be medically examined by a registered medical practitioner nominated or approved in that behalf by the Treasury.

Miscellaneous.

Modification of Part IV in relation to persons to whom s. 6 or s. 13 applies.

76

The provisions of this Part of this Act shall, in relation to persons to whom section 6 of this Act applies, have effect subject to the provisions of Part I of Schedule 7 to this Act, and the provisions of this Part of this Act, shall, in relation to persons to whom section 13 of this Act applies, have effect subject to the provisions of Part II of that Schedule.

Saving for allocations under s. 43.

77

The fact that a person has made a nomination shall not affect his rights under section 43 of this Act, and the pensions payable under this Part of this Act to or for the benefit of the nominees of a person shall be calculated as if any surrender made by him under that section of a part of a superannuation allowance had not been made.

Part V — Miscellaneous and General

Supplemental provisions as to Parts I and II.

Person ineligible for certain benefits unless salary paid out of Consolidated Fund, etc.

78

A person shall not be eligible for the grant of a superannuation allowance or additional allowance, and a gratuity shall not be granted under section 4 of this Act to the personal representatives of any person, unless the salary or remuneration of that person during his service as a civil servant was paid out of the Consolidated Fund or out of moneys provided by Parliament or out of the Post Office Fund.

No absolute right to any allowance, etc.

79

Nothing in this Act shall extend or be construed to extend to give any person an absolute right to any allowance or gratuity under Part I or Part II of this Act or to deprive the Treasury or the head or principal officer of any department of their or his power and authority to dismiss any person from the public service without compensation.

Treasury to determine certain questions.

80

Subject to section 48(1) of this Act, the decision of the Treasury on any question which arises—

• (a) as to the claim of any person or class of persons for a superannuation allowance or additional allowance or a gratuity under section 4 of this Act, or

• (b) as to the application of any provision of this Act to any person, or

• (c) as to the amount of any allowance or gratuity under this Act, or

• (d) as to the reckoning of any service for any such allowance or gratuity,

shall be final.

Temporary abatement from salaries to be disregarded.

81

• (1) Any reference in this Act to the salary and emoluments of an office is, as regards any period in respect of which any temporary abatement from the salary and emoluments of that office has been made pursuant to a general direction issued by the Treasury for the purpose of effecting economy in national expenditure, a reference to the salary and emoluments which would have been payable to the holder of the office but for that abatement.

• (2) For the purpose of calculating the amount of any gratuity payable under section 15 or 16 of this Act to or in respect of a person who has been employed in the civil service in an unestablished capacity or in part-time service, no account shall be taken of any temporary abatement of his pay made pursuant to any general direction issued by the Treasury for the purpose of effecting economy in national expenditure.

Provision against double pension.

82

A person shall not be entitled to reckon the same period of time both for the purpose of a superannuation allowance, additional allowance or retiring allowance or of a gratuity under section 4 of this Act and for the purpose of naval, military or air force non-effective pay.

Supplemental provisions as to Parts III and IV.

Duty of civil servants to give information.

83

It is hereby declared that it is the duty of every person who is or has been a civil servant to give to the Treasury or other proper authority all such information as is necessary for the proper operation of Parts III and IV of this Act in relation to him, whether he is asked to give the information or not.

Meaning of " period of childhood and full-time education " for the purposes of Parts III and IV.

84

• (1) Subject to the provisions of subsection (4) of this section, a person shall be deemed for the purposes of Parts III and IV of this Act to be in his period of childhood and full-time education while either—

• (a) he is under the age of sixteen ; or

• (b) he is receiving full-time instruction at any university, college, school or other educational establishment; or

• (c) he is undergoing training by any person (hereinafter referred to as " the employer ") for any trade, profession or vocation in such circumstances that—

• (i) he is required to devote the whole of his time to the training for a period of not less than two years; and

• (ii) while he is undergoing the training, the emoluments receivable by him, or payable by the employer in respect of him, do not exceed £13 a year, exclusive of any emoluments receivable or payable by way of return of any premium paid in respect of the training:

Provided that a person shall not be deemed for the purposes of this section to satisfy the condition specified in paragraph (b) or the condition specified in paragraph (c) of this subsection unless there has up till then been no time since he attained the age of sixteen when he did not satisfy one or other of those conditions.

• (2) In subsection (1) of this section, " emoluments " means any salary, fees, wages, perquisites, or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and, for the purposes of paragraph (c)(ii) of the said subsection (1), where a premium has been paid in respect of the training of a person, all emoluments at any time receivable by him, or payable by the employer in respect of him, shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.

• (3) The Treasury may by order increase the sum of £13 in subsection (1)(c)(ii) of this section, but such an order—

• (a) shall not authorise the payment, or increase, of any instalment of a pension in respect of a period falling before the date when the order takes effect,

• (b) shall, for the purposes of the proviso to the said subsection (1), apply to periods before the date when the order takes effect, as well as to later periods, and

• (c) shall not make invalid any nomination under section 64(1) of this Act made before the order takes effect.

An order under this subsection may be varied or revoked by a subsequent order, but paragraph (b) of this subsection shall not apply to an order other than an order increasing, or further increasing, the said sum of £13.

• (4) As respects any period during which neither of the conditions specified in paragraphs (b) and (c) of subsection (1) of this section is satisfied in relation to a person, the Treasury may, if they think fit and are satisfied that that person's full-time education ought not to be regarded as completed, direct either—

• (a) that that period shall be ignored for the purposes of the proviso to subsection (1) of this section ; or

• (b) that that period shall be so ignored and shall also be treated as part of his period of childhood and full-time education for all the other purposes of Parts III and IV of this Act, except such purposes, if any, as may be specified in the direction.

• (5) Notwithstanding anything in the foregoing provisions of this section, the period of childhood and full-time education shall not, in the case of a person who is permanently incapacitated, be deemed for any of the purposes of Parts III and IV of this Act to continue after he attains the age of sixteen or his permanent incapacity becomes known, whichever is the later.

Marriages of civil servants whose early death is to be foreseen.

85

Where a civil servant marries and—

• (a) he dies within the year beginning with the date of the marriage; and

• (b) there are no children born of the marriage ; and

• (c) the Treasury are of the opinion that his death within the year beginning with the date of the marriage was, at that date, to be foreseen by him,

the same results shall follow under Parts III and IV of this Act as would have followed if the marriage had not taken place, and all necessary adjustments (including, if need be, repayments of sums paid in respect of pensions already granted under the said Part III, repayments of contributions made under the said Part III and grants of additional pensions and payments of additional contributions under the said Part IV) shall be made accordingly.

Application of Forfeiture Act 1870.

86

Section 2 of the Forfeiture Act 1870 (which provides for forfeiture of pensions in certain cases of conviction for treason or felony) shall apply in relation to a pension or part of a pension under Part III or Part IV of this Act which is applied for the benefit of any person as if that pension or part of a pension, as the case may be, were a pension paid to that person:

Mode of making elections, etc.

87

Any election or nomination required or authorised to be made under Part III or Part IV of this Act, and any notice required or authorised to be given under Part III or Part IV of this Act, shall be in writing, shall be made or given to the Treasury or such other authority as the Treasury may appoint, shall be made or given in the lifetime of the person who makes or gives it and shall, except so far as is otherwise expressly provided, be made or given before that person ceases to be a civil servant.

Effect under Parts III and IV of certain nullity decrees.

88

Where a marriage which is voidable but not void from the beginning is declared to be null by any court of competent jurisdiction, the same results shall follow under Parts III and IV of this Act as would have followed thereunder if the marriage had not been voidable and had been dissolved at the date of the declaration of nullity.

Miscellaneous.

Application to civil service of certain superannuation schemes.

89

• (1) Where, whether before or after the commencement of this Act,—

• (a) a person employed in the civil service has, with the approval of the Treasury, become subject to a superannuation scheme to which this section applies, or

• (b) a person subject to such a scheme is employed in the civil service and, with the approval of the Treasury, remains subject to the scheme,

the Minister or other person in charge of the department in which that person is employed shall have power, and be deemed always to have had power, but (except where that department is the Treasury) subject to the approval of the Treasury,—

• (i) to pay the contributions authorised or required by the scheme to be paid by that person's employer,

• (ii) to refund the amount of any payments made, whether by that person or by a former employer of his, in respect of any period during which that person was employed in the civil service, being payments falling to be borne by the employer in respect of premiums payable under any policy of insurance issued in pursuance of the scheme or in respect of sums to be invested in pursuance thereof.

• (2) Any period, whether before or after the commencement of this Act, in respect of which payments authorised by subsection (1) of this section have been made in the case of any person employed in the civil service, whether before or after he became so employed, shall notwithstanding anything in this Act be disregarded in the application to him of any provisions of this Act except section 18 thereof.

• (3) The Treasury may make regulations for conferring on persons employed in the civil service who are subject to any scheme to which this section applies, or any class of such persons, benefits appearing to the Treasury to correspond as nearly as may be with the benefits conferred, on persons whose superannuation benefits are regulated under this Act, by sections 20, 21, 30 and 31 thereof.

• (4) The schemes to which this section applies are the superannuation schemes operated under the Federated Superannuation System for Universities, the Federated Superannuation Scheme for Nurses and Hospital Officers, and any other scheme approved by the Treasury for the purposes of this section.

Regulations authorising service disregarded by s. 89(2) to be taken into account for certain purpose.

90

• (1) The Treasury may make regulations under which service which would have been taken into account for the purposes of any provisions of this Act but for subsection (2) of the last foregoing section may be taken into account for the purpose of the provisions of this Act with respect to the minimum periods of service which qualify persons for the benefit of this Act.

• (2) Regulations under this section may make different provision in relation to different pension schemes and may include such supplemental and incidental provisions as appear to the Treasury expedient, including provisions for modifying the said subsection (2) or any other of the provisions of this Act.

• (3) Regulations under this section may apply to service before the making of the regulations, as well as to service for later periods.

Application of certain provisions of Act to retiring and compensation allowances.

91

Sections 5, 25 and 26 of this Act and Parts III and IV thereof shall, so far as capable of such application, apply in relation to retiring allowances and compensation allowances as if references therein to superannuation allowances included references to any annual retiring or compensation allowance and references therein to additional allowances included references to any retiring or compensation allowance taking the form of a lump sum.

Application of Act to persons who served on the establishment of the Secretary of State in Council of India.

92

• (1) The application of the provisions of this Act specified in subsection (2) of this section in relation to civil servants who have served on the permanent establishment of the Secretary of State in Council of India shall not be affected by anything in section 282(1) of the Government of India Act 1935 (which provides that part of any superannuation and other allowances or gratuities awarded to such persons shall be paid out of the revenues of the Federation of India), and the said subsection (1) shall operate in relation to them as if those provisions had not been made and the allowances and gratuities payable to or in respect of them had been computed and granted accordingly.

• (2) The provisions of this Act referred to in subsection (1) of this section are sections 5, 6, 7, 10, 13 (except subsection (4)), 15(1) to (5), 16,17,18, 20(1), 21(2), 22, 23,25,26,29,44 and 45(1), Parts III and IV, sections 83 to 88, 91, 94, 98(2) and (3) and 99 and paragraph 3 of Schedule 3.

General

Distribution of money without representation.

93

• (1) Where on the death of any person any sum not exceeding £500 is due from a government department in respect of any civil pay, superannuation, or other allowance, annuity or gratuity, then, if the government department prescribed by order of the Treasury for the purpose of this section so direct, but subject to regulations (if any) made by the Treasury, proof of the title of the personal representatives of that person may be dispensed with, and the said sum may be paid or distributed to or among the persons appearing to the department to be beneficially entitled to the personal or moveable estate of that person, or to or among any one or more of those persons or, in case of the illegitimacy of that person or his children, to or among such persons as the department think fit, and the department shall be discharged from all liability in respect of any such payment or distribution.

• (2) Subsection (1) of this section shall apply to any sum not exceeding £500 payable to the personal representatives of a deceased person under this Act as it applies to such a sum due from a government department to a person who has died, and accordingly the sum may either be paid to the personal representatives (without proof of title) or be paid or distributed among the persons appearing to the Treasury to be beneficially entitled to the estate of the deceased, or among such other persons as are described in that subsection.

• (3) Nothing in this section shall affect section 8(1) of the Finance Act 1894 (application to estate duty of probate duty law and practice as regards payment of sums under £100 without requiring representation).

Power to ignore breaks in dependence.

94

The Treasury may treat a person for all or any of the purposes of this Act, except section 43 thereof, as wholly or mainly dependent on another person notwithstanding that for the time being he is not in fact so dependent on him, if they are satisfied that it is reasonable to expect that the first-mentioned person will again become dependent on the second-mentioned person and are further satisfied that the break in dependence ought in all the circumstances to be regarded as a temporary one.

Provisions as to rules, regulations, etc.

95

• (1) Any power conferred by this Act to make rules, or orders shall be exercisable by statutory instrument.

• (2) Any statutory instrument containing rules or an order made under this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Treasury to delegate power to grant allowances, etc.

96

Financial provisions.

97

• (1) There shall be paid out of the Consolidated Fund—

• (a) any payments to be so made under provisions of this Act relating to public offices including section 39A of this Act; and

• (b) any increase attributable to this Act in the sums to be so issued under any other Act.

• (2) There shall be paid out of moneys provided by Parliament—

• (a) any pension, allowance, gratuity or return of contributions, with or without interest, which is payable under or by virtue of any of the provisions of this Act and does not fall to be paid from some other fund,

• (b) . . .

• (c) any administrative expenses incurred by any government department under this Act.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of " civil service " and " civil servant " and supplementary provisions.

98

• (1) In this Act “civil service” means the civil service of the State.

• (2) In this Act “civil servant” means a person serving in an established capacity in the permanent civil service, and references in this Act to persons ceasing to be civil servants, to persons retiring from being civil servants and to retired civil servants shall be construed accordingly.

Except where the context otherwise requires, any reference in this Act to a person ceasing to be a civil servant includes a reference to the death of a person who dies while he is a civil servant.

• (3) For the purposes of this Act no person shall be deemed to have served in the permanent civil service unless he holds his appointment directly from the Crown or has been admitted into the civil service with a certificate from the Civil Service Commissioners.

• (4) For the purposes of pensions and other superannuation benefits—

• (a) service in an established capacity—

• (i) in employment of any of the kinds listed in Schedule 8 to this Act, or

• (ii) in the office of Falkland Macer,

shall, where the person in question has been admitted into that employment, or as the case may be has been appointed to the said office, with a certificate from the Civil Service Commissioners, be treated as service in the permanent civil service within the meaning of subsection (3) of this section, and

• (b) service in the employment of any of the said kinds, or in the said office, in any other case shall be treated as service in the civil service, not falling within the said subsection (3).

• (5) The Minister for the Civil Service may by order add any employment to those listed in the said Schedule, being employment by a body or in an institution specified in the order.

• (6) The references in section 12 of this Act to a public department, the references in section 33 of this Act to a government service, and the references in section 93 of this Act to a government department, shall include references to any of the bodies or institutions listed in the said Schedule or, as the case may be, to the service provided by any of those bodies or institutions.

• (7) Section 46(1)(b) of this Act shall, notwithstanding subsection (3)(d) of that section, include employment of any of the kinds listed in the said Schedule.

• (8) References in this section to employment of the kinds listed in the said Schedule are references, in the case of any institution specified in that Schedule, to employment by the trustees or other authority responsible for the institution, and, in other cases, references to employment by the body specified in the Schedule.

• (9) Subsections (4) to (8) of this section shall be deemed always to have had effect, and any order of the Minister for the Civil Service under this section may be expressed to have effect retrospectively.

Further provisions as to interpretation.

99

• (1) In this Act, except so far as is otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• " additional allowance " means an allowance granted under section 3 of this Act;

• " brother " includes, in relation to a person, every male child of his father or his mother ;

• " child ", in relation to a person, includes an illegitimate child, a stepchild and an adopted child;

• " compensation allowance " means an allowance under section 8 of this Act;

• " father " includes, in relation to a person, his stepfather and a male person by whom he has been adopted;

• " gratuity " means a gratuity granted under any provision of this Act;

• " medical certificate ", in relation to the retirement of any person, means a medical certificate to the satisfaction of the Treasury that that person is incapable from infirmity of mind or body to discharge the duties of his situation and that that infirmity is likely to be permanent;

• " mother " includes, in relation to a person, his stepmother and a female person by whom he has been adopted;

• " presumptively eligible for a life pension ", in relation to a person, means nominated under Part IV of this Act after his period of childhood and full-time education or under a nomination which states that he is permanently incapacitated;

• " reckonable service " means service as computed in accordance with the enactments relating to the computation of service for the purpose of determining the amount of a superannuation allowance or additional allowance ;

• " retiring age " means, in relation to a civil servant, the age which a civil servant in accordance with the provisions of this Act must, apart from sections 7 and 10 of this Act, attain in order that a superannuation allowance may be granted to him on retirement without a medical certificate ;

• " retiring allowance " means an allowance under section 9 of this Act;

• " sister " includes, in relation to a person, every female child of his father or his mother;

• " superannuation allowance " means an allowance under section 1 of this Act

• " unestablished capacity " means employment in the civil service otherwise than in the capacity of a civil servant, being employment to which a person serving therein is required to devote his whole time and the remuneration for which is paid entirely out of moneys provided by Parliament or the Post Office Fund.

• (2) Any reference in this Act to an adopted child of a person shall be construed as a reference to a child adopted by him (whether alone or jointly with any other person) in pursuance of an adoption order made under the Adoption of Children Act 1926, the Adoption Act 1950, the Adoption Act 1958, or the Adoption of Children (Scotland) Act 1930, or any corresponding enactment of the Parliament of Northern Ireland, or adopted by him (whether alone or jointly with any other person) in accordance with the law of the place where he was domiciled at the time of the adoption, and references to a person by whom another person has been adopted shall be construed accordingly.

• (3) In this Act " incapacitated " means, in relation to a person, incapable by reason of old age or some specific bodily or mental disability of earning his own living, and a person who is in any event too young to earn his own living shall be treated as incapacitated for the purposes of this Act if it appears that, by reason of any specific bodily or mental disability, he will be incapable of earning his own living when he attains the age at which he would otherwise be capable of doing so.

• (4) Any reference in this Act to any enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment.

Act not to apply to naval, etc., service pensions.

100

Nothing in this Act with respect to superannuation, compensation or other allowances shall extend or be construed to extend to any naval, military or air force service retired pay, service pension or service gratuity.

Act not to apply to existing Irish officers.

101

• (1) This Act shall not apply to any existing Irish officers.

• (2) In this section " existing Irish officers " has the same meaning as in the Government of Ireland Act 1920.

Application of Superannuation Acts by Superannuation Act (Northern Ireland) 1921.

102

It is hereby declared that nothing in the Superannuation Acts 1834 to 1965 passed since the Superannuation Act (Northern Ireland) 1921, and nothing in the repeals in this Act or in any other provision of this Act (except the power in section 38 to amend enactments forming part of the law of any part of the United Kingdom) affects the Superannuation Acts 1834 to 1914 as applied by the said Superannuation Act (Northern Ireland) 1921.

Consequential amendment of Acts.

103

The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

Savings, transitional provisions and repeals.

104

• (1) The savings and transitional provisions contained in Schedule 10 to this Act shall have effect.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving for s, 38 of Interpretation Act 1889.

105

Short title and commencement.

106

This Act may be cited as the Superannuation Act 1965 and shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

SCHEDULES 1-7

PART I

Modification of sections 1, 3, 4, 6 and 13 in relation to certain Female Persons who were Civil Servants on 27th June 1935

1

• (1) Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to any female person who—

• (a) became a civil servant before 27th June 1935, and

• (b) did not adopt the provisions of the Superannuation Act 1909.

• (2) This Part of this Schedule shall not apply to a female person who—

• (a) duly elected that Part I of the Superannuation Act 1949 should apply to her or duly elects that Part III of this Act shall apply to her, or

• (b) duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

2

• (1) The proportion of the average annual amount of the salary and emoluments of her office during the last three years of her service on which the superannuation allowance which may be granted to a person to whom this Part of this Schedule applies is to be computed shall be one-sixtieth instead of one-eightieth and sections 1(1), 6(3) and 13(3) of this Act shall accordingly have effect in relation to such a person as if for the words " one-eightieth " there were substituted the words " one-sixtieth ".

• (2) Where a person to whom this Part of this Schedule applies has been in the class from which she retires for a period of at least three years immediately before the grant to her of a superannuation allowance, such allowance shall be computed on the amount of the annual salary and emoluments of her office and accordingly the said section 1(1), as modified by the foregoing sub-paragraph, shall have effect in relation to that person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service " there were substituted the words " the annual salary and emoluments of her office ".

3

• (1) Where any fees or other sources of profit form part of the emoluments of an office of a person to whom this Part of this Schedule applies, the head of the department in which that office is may, for the purpose of computing any superannuation or compensation allowance to be granted to that person, fix, with the approval of the Treasury, an average sum in respect of that part of the emoluments which consists of such fees or other sources of profit, but not exceeding the average annual amount of such fees or other sources of profit during the three last preceding years.

• (2) Sub-paragraph (1) of this paragraph shall not affect the amount of any superannuation allowance or other sum so far as it depends on the amount of that part of the emoluments of an office which does not consist of any fees or other sources of profit.

4

Sections 3 and 4 of this Act shall not apply in relation to a person to whom this Part of this Schedule applies.

PART II

Modification of sections 1, 3, 4, 6 and 13 in relation to certain other Persons who were Civil Servants on 27th June 1935

5

• (1) Subject to sub-paragraph (2) of this paragraph, this Part of this Schedule applies to—

• (a) any male person who was a civil servant on 27th June 1935 and who duly signified that he did not desire section 4 of the Superannuation Act 1935 to apply to him, and

• (b) any female person who was a civil servant on 27th June 1935 and was allowed by the Treasury under section 1(2) of the said Act of 1935 to adopt the provisions of the Superannuation Act 1909 and who duly signified that she did not desire the said section 4 to apply to her.

• (2) This Part of this Schedule shall not apply to—

• (a) any person to whom Part I of the Superannuation Act 1949 became, or Part III of this Act becomes, applicable, or

• (b) any person who duly made a nomination within the meaning of Part II of the said Act of 1949 or duly makes a nomination within the meaning of Part IV of this Act.

6

Subject to paragraph 7 of this Schedule, any superannuation allowance, additional allowance or gratuity under section 4 of this Act which may be granted to, or in respect of, a person to whom this Part of this Schedule applies shall be computed on the annual salary and emoluments of his office and accordingly sections 1, 3 and 4 of this Act shall have effect in relation to any such person as if for the words " the average annual amount of the salary and emoluments of his office during the last three years of his service ", wherever those words occur in the said sections, there were substituted the words " the annual salary and emoluments of his office " and as if for the words " that amount" in the said section 3 there were substituted the words " the amount of such salary and emoluments "

7

Paragraph 6 of this Schedule shall not have effect in relation to any person unless he has been in receipt of the salary and emoluments of his office, or has been in the class from which he retires or in which he was serving at the time of his death, as the case may be, for at least three years immediately before the grant of a superannuation allowance or additional allowance or, in the case of a gratuity under section 4(1) of this Act, immediately before his death.

8

Sections 3, 6(3) and 13(3) of this Act shall, in relation to a person to whom this Part of this Schedule applies, have effect as if for the words " three-eightieths " there were substituted the words " one-thirtieth ".

9

The amount of the additional allowance payable to a female person to whom this Part of this Schedule applies shall be increased by one-half per cent. in respect of each completed year she had served before 27th June 1935.

10

Paragraph 3 of this Schedule shall apply in relation to a person to whom this Part of this Schedule applies as it applies in relation to a person to whom Part I of this Schedule applies subject to the modification that references therein to a superannuation allowance shall be construed as including references to an additional allowance and a gratuity under section 4 of this Act.

PART III

Modification of section 3 in relation to certain other Female Persons

11

This Part of this Schedule applies to a female person who—

• (a) was allowed by the Treasury under section 1(2) of the Superannuation Act 1935 to adopt the provisions of the Superannuation Act 1909, and

• (b) did not duly signify that she did not desire section 4 of the Superannuation Act 1935 to apply to her.

12

The amount of the additional allowance payable to a person to whom this Part of this Schedule applies shall be increased by one half per cent. in respect of each completed year she had served before 27th June 1935.

PART IV

Modification of section 3 in relation to certain members of the Diplomatic Service

13

• (1) This Part of this Schedule applies to a person—

• (a) to whom immediately before 27th March 1929 the Diplomatic Salaries, &c. Act 1869 applied, or

• (b) who having been appointed a member of the diplomatic service at any time after 1st April 1919 was such a member immediately before 27th March 1929, whether he was or was not a person to whom the said Act of 1869 so applied.

• (2) If any question arises whether a person was a person to whom the said Act of 1869 applied or was a member of the diplomatic service immediately before 27th March 1929, that question shall be determined by the Treasury after consultation with the Secretary of State, and the decision of the Treasury thereon shall be final.

14

The amount of the additional allowance which may be granted to a person to whom this Part of this Schedule applies shall be increased by one-half per cent. in respect of each completed year he had served before 27th March 1929.

SCHEDULE 2

1

Where a person, after being employed in part-time service to which section 16 of this Act applies, is employed in an unestablished capacity and he dies in, or retires or is removed from, his employment—

• (a) his employment in the part-time service to which the said section 16 applies may, for the purpose of determining whether a gratuity may be granted under section 15 of this Act in respect of the service in an unestablished capacity (but not for the purpose of determining the amount of that gratuity), be taken into account as if it were employment in an unestablished capacity; and

• (b) where, whether by virtue of sub-paragraph (a) of this paragraph or otherwise, a gratuity falls to be granted under the said section 15 to or in respect of him, a gratuity may also be granted under that section, as applied by section 16(2) of this Act, in respect of his said part-time service, notwithstanding that he has not served therein for the minimum period required by that section as so applied.

2

Where a person, before being employed in part-time service to which the said section 16 applies, is employed in an unestablished capacity and he dies in, or retires or is removed from, his employment—

• (a) his employment in the unestablished capacity may, for the purpose of determining whether a gratuity may be granted under the said section 15, as applied by the said section 16(2), in respect of the part-time service (but not for the purpose of determining the amount of that gratuity), be taken into account as if it were employment in the part-time service ; and

• (b) where, whether by virtue of sub-paragraph (a) of this paragraph or otherwise, a gratuity falls to be granted to or in respect of him under the said section 15, as so applied, a gratuity may also be granted under that section in respect of his service in an unestablished capacity, notwithstanding that he has not served therein for the minimum period required by that section.

SCHEDULE 3

1

Section 20 of this Act shall not extend to any persons who entered on employment in an unestablished capacity before 27th June 1935 except persons of such descriptions as may be specified in that behalf by regulations made by the Treasury, but no service before 1st January 1919 shall be reckoned under subsection (1) of that section.

2

• (1) This paragraph applies to a person who, having been employed in an unestablished capacity before 27th June 1935, continued to be so employed until the date on which he became or becomes a civil servant.

• (2) If the service in an unestablished capacity of a person to whom this paragraph applies is not to be reckoned under section 20(1) of this Act as service in the capacity of a civil servant, and if in the opinion of the Treasury any special circumstances of the case warrant such a course, the Treasury may direct that his service in an unestablished capacity may be reckoned for the purposes of this Act as service in the capacity of a civil servant, and it shall be so reckoned accordingly.

3

The Treasury may direct that, subject to such conditions as they may determine, paragraph 2 of this Schedule shall apply to a person who became or becomes a civil servant after having been employed in an unestablished capacity before 27th June 1935 notwithstanding that there was or is an interval between the conclusion of his employment in such a capacity and the time when he became or becomes a civil servant.

SCHEDULE 4

1

Member of Queen Alexandra's Royal Naval Nursing Service or any reserve thereof.

2

Member of the Women's Royal Naval Service.

3

Woman medical or dental practitioner serving in the Royal Navy or any naval reserve.

4

Member of Queen Alexandra's Imperial Military Nursing Service or any reserve thereof or of Queen Alexandra's Royal Army Nursing Corps or any reserve thereof.

5

Member of the Territorial Army Nursing Service or any reserve thereof.

6

Member of the Auxiliary Territorial Service or the Women's Royal Army Corps.

7

Woman employed with the Royal Army Medical Corps or the Army Dental Corps with relative rank as an officer.

8

Member of Princess Mary's Royal Air Force Nursing Service or any reserve thereof.

9

Member of the Women's Auxiliary Air Force or the Women's Royal Air Force.

10

Woman employed with the Medical Branch or the Dental Branch of the Royal Air Force with relative rank as an officer.

11

Member of the Voluntary Aid Detachments employed under the Admiralty, Army Council or Air Council.

SCHEDULE 5

PART I

Children's Pensions

1

Where a person for whose benefit, if he were still in his period of childhood and full-time education, a children's pension could enure under Part III of this Act in respect of the service of any deceased person is for the time being incapacitated by an incapacity which arose or first arose during that period, then, subject as hereinafter provided, a children's pension may enure for the benefit of that person notwithstanding that he is no longer in his period of childhood and full-time education:

2

If in any case to which section 53(2) of this Act applies a children's pension can enure for the benefit of any person by virtue only of the foregoing paragraph, then, whether or not that pension can also enure for the benefit of any other person or persons, the annual rate thereof may amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher.

PART II

Dependants' Pensions

3

A life pension may be granted under section 64 of this Act to a nominee who is nominated before the end of the period of his childhood and full-time education, if the nomination states that he is permanently incapacitated; but a life pension shall not be granted to such a nominee by virtue of this paragraph until the end of his period of childhood and full-time education.

4

Notwithstanding anything in section 65 of this Act, a pension of limited duration shall be capable of enuring for the benefit of a nominee after the end of his period of childhood and full-time education (not being a nominee who is presumptively eligible for a life pension) so long as he is for the time being incapacitated by an incapacity which arose or first arose during that period :

5

The annual rate of any such pension as is mentioned in the last foregoing paragraph may, whether or not it can also enure for the benefit of any other person or persons, amount to one-third of the rate of the superannuation allowance of the deceased or to £26 per annum, whichever is the higher.

6

Section 67(2)(b)(iii) of this Act, and section 69(4)(c) thereof, shall not apply to the contributions payable in respect of a nomination by virtue of which the nominee is presumptively eligible for a life pension.

7

Notwithstanding anything in section 71 or 72 of this Act, a nominator may have one nominee who is his child and is presumptively eligible for a life pension and may have that nominee in addition to the number of nominees allowed under the said section 71.

8

A nomination in force immediately before paragraph (b) of section 72(1) of this Act became applicable to the nominator shall not be invalidated by reason only of that paragraph, if the nominee was then known to the nominator to be permanently incapacitated and was presumptively eligible for a life pension.

9

A nomination by virtue of which the nominee is presumptively eligible for a life pension shall not become void by virtue of section 73(5) of this Act at the end of the nominee's period of childhood and full-time education; and for the purpose of determining whether a person not presumptively eligible for a life pension is eligible for a pension of limited duration by virtue of paragraph 4 of this Schedule, the said subsection (5) shall be deemed not to have applied to the nomination.

SCHEDULE 6

PART I

Persons Serving after Retiring Age and 40 Years' Reckonable Service

1

Where any person to whom section 6 of this Act applies ceases to be a civil servant after making periodical contributions under section 55 of this Act, the period in respect of which contributions may be returned to him by virtue of section 56(2)(b) of this Act shall be reduced by the number of years of reckonable service which are taken into account under section 6(3) of this Act or would be so taken into account but for the provisions of section 13(5) of this Act.

2

For the purpose of computing any contribution to be made under section 57 of this Act in respect of a person to whom section 6 of this Act applies, there shall be taken into account (notwithstanding anything in section 57(5) of this Act) any year of reckonable service which is taken into account for the purposes of section 6(3) of this Act or which would be so taken into account but for the provisions of section 13(5) of this Act.

3

Where any superannuation allowance or additional allowance granted to a person to whom section 6 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 57(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service.

PART II

Persons Serving in Unestablished Employment after Retirement

4

Where any person to whom section 13 of this Act applies had a wife when he ceased to be a civil servant then, in computing any contribution to be made in respect of him under section 57 of this Act, any year of continuous unestablished service which is taken into account for the purposes of section 13(3) of this Act, being a year throughout which his wife is living, shall be added to the number of relevant years as ascertained in accordance with section 57(4) and (5) of this Act:

5

Where any superannuation allowance or additional allowance granted to a person to whom section 13 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 57(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service as a civil servant.

6

The amount of any increase attributable to the provisions of this Part of this Schedule in the contribution payable in respect of any person under Part III of this Act shall take the form of a reduction of the increase in the additional allowance which would otherwise be granted to that person by virtue of section 13 of this Act.

7

In relation to a superannuation allowance which has been or may be increased under section 13 of this Act, the reference in section 50(2) of this Act to the annual rate of the superannuation allowance shall be construed as a reference to the annual rate of that allowance as so increased.

SCHEDULE 7

PART I

Persons Serving after Retiring Age and 40 Years' Reckonable Service

1

Where any person to whom section 6 of this Act applies ceases to be a civil servant after making periodical contributions under section 67 of this Act, the period in respect of which contributions may be returned to him by virtue of section 68(2)(b) of this Act shall be reduced by the number of years of reckonable service which are taken into account under section 6(3) of this Act or would be so taken into account but for the provisions of section 13(5) of this Act.

2

For the purpose of computing any contributions to be made under section 69 of this Act in respect of a person to whom section 6 of this Act applies there shall be taken into account (notwithstanding anything in section 69(5) of this Act) any year of reckonable service which is taken into account for the purposes of section 6(3) of this Act or which would be so taken into account but for the provisions of section 13(5) of this Act.

3

Where any superannuation allowance or additional allowance granted to a person to whom section 6 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 69(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service.

PART II

Persons Serving in Unestablished Employment after Retirement

4

For the purpose of computing any contribution to be made under section 69 of this Act in respect of a person to whom section 13 of this Act applies, any year of continuous unestablished service which is taken into account for the purposes of section 13(3) of this Act, being a year throughout which a nomination made by that person under Part IV of this Act is in force, shall be added to the number of relevant years as ascertained in accordance with section 69(4) and (5) of this Act:

5

Where any superannuation allowance or additional allowance granted to a person to whom section 13 of this Act applies is computed upon the amount specified in subsection (2)(a) of that section, any contribution to be made in respect of that person under section 69(3) of this Act shall be ascertained by reference to that amount instead of by reference to the average annual amount of the salary and emoluments of his office during the last three years of his service as a civil servant.

6

The amount of any increase attributable to the provisions of this Part of this Schedule in the contribution payable in respect of any person under Part IV of this Act shall take the form of a reduction of the increase in the additional allowance which would otherwise be granted to that person by virtue of section 13 of this Act.

7

In relation to a superannuation allowance which has been or may be increased under section 13 of this Act, the reference in section 63(2) of this Act to the annual rate of the superannuation allowance shall be construed as a reference to the annual rate of that allowance as so increased.

SCHEDULE 8

Museums and Galleries

Royal Commissions and other Commissions

Other bodies

SCHEDULE 9

The Superannuation Act 1946 (9 & 10 Geo. 6. c. 60).

In section 5(3) for the words "this section" there shall be substituted the words " section 89 of the Superannuation Act 1965 " and for the words " the Superannuation Acts " there shall be substituted the words " that Act " .

In section 5(4) for the words " this section ", where first occurring, there shall be substituted the' words " the said section 89 " and for the words " this section ", where they occur for the second time, there shall be substituted the words " that section ".

The Post Office Act 1961 (9 & 10 Eliz. 2. c. 15).

In section 15(1) for the words from "so", where last occurring, to the end of the subsection there shall be substituted the words " provided by Parliament for supply services shall be construed as including a reference to the Fund ".

SCHEDULE 10

General Provisions.

1

The repeal of any enactment by this Act shall not affect any allowance, pension or gratuity granted before the commencement of this Act and the allowance, pension or gratuity shall be deemed to have been granted under the corresponding provision of this Act.

2

• (1) In so far as any rule, regulation, order, determination, decision, surrender, election, or nomination made, warrant issued, certificate, direction, notice or approval given, contribution paid, or other thing done, under an enactment repealed by this Act could have been made, issued, given, paid, or done under a corresponding provision of this Act, it shall not be invalidated by the repeal, but shall have effect as if made, issued, given, paid or done under that corresponding provision.

• (2) Notwithstanding the repeal of section 41 of the Superannuation Act 1949, any warrants under section 1 of the Superannuation Act 1887 continued in force by subsection (9) of the said section 41 and deemed by that subsection to be warrants issued under that section shall, until revoked, continue in force and be deemed to be warrants issued under section 18 of this Act.

• (3) The repeal of section 3 of the Superannuation (Miscellaneous Provisions) Act 1948 shall not affect any rules made under that section by virtue of paragraph 11 of Schedule 2 to the Superannuation (Amendment) Act 1965, and those rules shall continue to have effect notwithstanding the repeal of the said section 3.

3

Where any Act or document refers, whether specifically or by means of a general description, to any enactment repealed by this Act or to any provision contained in any such enactment, the reference shall be construed as, or as including, a reference to this Act or, as the case may be, to the corresponding provision of this Act.

4

Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

Provisions relating to Part I of Act

5

The cases to which section 13(4) of this Act applies include cases where the person ceased to be a civil servant before 29th April 1965 if he continued to serve, without any interval, in an unestablished capacity in the civil service until that date.

6

• (1) A gratuity or annual allowance shall not be granted under section 18 of this Act in respect of an injury suffered, or disease contracted, before I4th July 1949 except where the gratuity or allowance is permitted by the terms of a warrant issued under section 1 of the Superannuation Act 1887 and continued in force by section 41(9) of the Superannuation Act 1949 and paragraph 2(2) of this Schedule.

• (2) A gratuity or annual allowance shall not be granted under the said section 18 to any of the relatives of a person who died before 29th April 1965 unless the death took place either immediately or within seven years from the time when that person suffered the injury or contracted the disease referred to in subsection (1) of that section.

• (3) For the purpose of subsection (3) of section 33 of the Finance Act 1962 (which provides that for the purposes of any enactment or instrument passed or made before that Act under which the amount of any payment is to be determined by reference to the terms on which a savings bank annuity might for the time being be purchased under the Government Annuities Act 1929, the tables in force under section 53 of the said Act of 1929 shall, subject to the power of the Treasury under subsection (4) of the said section 33 by order to vary those tables or add or substitute new tables, apply as if the said Act of 1962 had not been passed) section 18(3) of this Act shall be deemed to have been passed before that Act.

• (4) So much of section 18(5) of this Act as applies to a person in part-time service to which section 16 of this Act applies shall not have effect in relation to a person whose death took place before 29th April 1965.

7

Section 19 of this Act shall not apply in relation to a payment made before 29th April 1965.

8

In rule 4(1) of the Superannuation (Treatment of Compulsory National Service of Civil Servants) Rules 1949 which by virtue of paragraph 1 of this Schedule have effect as if made under section 32(3) of this Act the words "or any subsequent examination for persons desiring to obtain similar posts" shall not apply to any examinations held after 28th April 1965.

9

Nothing in section 34 of this Act shall render any allowance or gratuity payable in respect of any period before 26th July 1946.

10

In relation to service at any time before 29th April 1965, the expression “public office” in sections 38 and 39 of this Act includes—

• (a) any public office within the meaning of the Superannuation Act 1892 as in force at that time, and

• (b) any office in the permanent civil service of a colony within the meaning of the Pensions (Colonial Service) Act 1887 as in force at that time or any other office to which that Act then applied.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In relation to allowances granted before 29th April 1965, rules under section 43 of this Act may authorise the allocation of part of an allowance beginning from a time after the beginning of the period in respect of which the allowance is paid.

13

In relation to a person whose marriage took place before the date of the making of the first rules made under section 33 of the Superannuation Act 1949, section 44(1) and (3) of this Act shall have effect as if for references therein to the date of the marriage there were substituted references to the date on which that person notified in accordance with the rules his desire to make the surrender of part of the superannuation allowance granted or to be granted to him.

Provisions relating to Part III of Act.

14

Section 49 of this Act shall apply in relation to a person to whom Part I of the Superannuation Act 1949 applied as if the first reference in paragraph (b) of that section to Part III of this Act were a reference to the said Part I.

15

A direction may be given under section 52(4) or (5) of this Act by reference to an event before the commencement of this Act but not so as to authorise the payment, or increase, of an instalment of a pension in respect of a period falling before 29th April 1965.

16

Section 55(3) of this Act shall have effect in relation to an election made, or having effect as if made, under section 55(1) or (2) of this Act by a person to whom Part I of the Superannuation Act 1949 applied as if the references to the date when Part III of this Act first applies to him were references to the date when the said Part I first applied to him.

17

Sections 56(1) and 57(2) of this Act shall apply in relation to a person to whom Part I of the Superannuation Act 1949 applied as if the references to Part III of this Act included references to the said Part I.

18

An election made by a person under any provision of section 10 of the Superannuation Act 1949 which was spent before the commencement of this Act and for which accordingly there is no corresponding provision in this Act, other than an election which has been cancelled before the said commencement, shall not be invalidated by the repeal of that section but shall have effect as if made under section 58 of this Act.

Provisions relating to Part IV of Act.

19

Section 72(4) of this Act shall apply to a person to whom Part III of this Act does not apply by reason of an election of his that Part I of the Superannuation Act 1949 should not apply to him as it applies to a person to whom the said Part III does not apply by reason of an election of his that that Part should not apply to him subject to the modification that the references in paragraphs (a) and (b) of that subsection to the said Part III shall be construed as including references to the said Part I.

SCHEDULE 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

39A

• (1) The Lord Chancellor may with the consent of the Minister for the Civil Service make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed—

• (a) in two or more offices falling within paragraphs (a) to (i) of subsection (3) of this section, or

• (b) in one or more such offices and in one or more judicial offices remunerated out of central funds.

• (2) The Secretary of State may with the consent of the Minister for the Civil Service make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed—

• (a) in two or more offices falling within paragraphs (j) and (k) of subsection (3) of this section, or

• (b) in one or more such offices and in one or more judicial offices remunerated out of central funds.

• (3) The offices referred to in subsections (1)(a) and (2)(a) of this section are the following, that is to say—

• (a) Recorder of London;

• (b) Common Serjeant;

• (c) additional judge of the Central Criminal Court;

• (d) recorder of Liverpool;

• (e) recorder of Manchester;

• (f) assistant judge of the Mayor’s and City of London Court;

• (g) presiding judge of the Court of Passage of the City of Liverpool;

• (h) chairman or deputy chairman of a court of quarter sessions where under any enactment (whether passed before or after this Act) a person may qualify for a pension by virtue of service in that office;

• (i) stipendiary magistrate in England or Wales, other than metropolitan stipendiary magistrate;

• (j) stipendiary magistrate appointed under section 455 of the Burgh Police (Scotland) Act 1892;

• (k) stipendiary magistrate appointed under section 24 of the Glasgow Corporation and Police Act 1895.

• (4) Subsections (2) to (5) of section 38 of this Act shall have effect in relation to rules made under this section as they have effect in relation to rules under that section, as if—

• (a) in subsection (2) of that section any reference to a public office were a reference to an office which is either an office specified in subsection (3) of this section or a judicial office remunerated out of central funds, and the reference to such supplemental and incidental provisions as are mentioned in that subsection were a reference to such supplemental and incidental provisions as appear to the Lord Chancellor or to the Secretary of State (as the case may be) to be expedient, and

• (b) in subsections (3) and (4) of that section any reference to different public offices, or to ceasing to be employed in one public office and becoming employed in another, were a reference to different offices or (as the case may be) to ceasing to be employed in one office and becoming employed in another (”office’ for this purpose being taken to mean any office which is either an office specified in subsection (3) of this section or a judicial office remunerated out of central funds).

• (5) Where any rules under this section make provision for any pension to be defrayed partly by one authority and partly by one or more other authorities, whether by way of contribution or otherwise, nothing in section 10(2) of the Criminal Justice Administration Act 1956 (which requires contributions to be paid by the city councils of Liverpool and Manchester in respect of the Crown Courts and recorders of those cities) shall be construed as preventing the rules from applying that provision to, or making any such provision specially in respect of, persons whose employment includes employment as recorder of Liverpool or recorder of Manchester.

• (6) In this section—

• “judicial office” meansany qualifying judicial office, within the meaning of the Judicial Pensions and Retirement Act 1993, andany judicial office as defined in section 16 of the Judicial Pensions Act 1981, with paragraphs 5, 6 and 10 of Schedule 2 to that Act and any office to which Part II of that Act applies as it applies to a judicial office so defined,

• “judicial office remunerated out of central funds” means any judicial office with the exception of stipendiary magistrate pensionable under section 33 of the Justices of the Peace Act 1949, or recorder of Liverpool or Manchester,

• “pension” has the meaning assigned to it by section 38(6) of this Act.

40

43

Parts II-IV

45

78

93

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes