Pensions (Increase) Act 1971

• (1) Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority.

• (2) For the purposes of this paragraph, “the last employing authority” means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority; and where they have been so transferred, “the last employing authority” means the authority by whom those functions are for the time being exercisable.

• (3) Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

• (4) Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the Police Act 1890 and section 10 of the Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

• (5) This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 ,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64Band 64C.

2

• (1) Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund.

• (2) Where a pension to which this paragraph applies is increased under this Act, and—

• (a) the pension is payable partly in respect of service in respect of which another such pension was payable (“the previous service”) and partly in respect of further service rendered after the termination of the previous service; and

• (b) different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

• (3) Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

• (4) This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Pensions of former civil servants payable by Post Office

3

It shall be the duty of the original holding company to increase in accordance with this Act any pension which is payable under the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 but in relation to which the original holding company is the pension authority by virtue of paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference tosection 44 of the Post Office Act 1969; and where under the Post Office Act 1969 or any enactment reproducing its effect part of a pension so payable is to be paid by the original holding company and part is not, this Act shall apply as if the two parts were separate pensions.

3A

In paragraph 3 “ the original holding company ” has the meaning given by section 15 of the Postal Services Act 2011.

Re-employed teachers

4

Any reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

• (a) in regulation 50 of the Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the Teachers’ Superannuation (Amendment) Regulations 1970 ; or

• (b) in regulation 50 of the Teachers’ Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act and, in relation to any period after 30th November 1973, as a reference to the said Part I and the Pensions (Increase) Act 1974 (but without prejudice to the power to vary or revoke those regulations).

Retired staff of former approved schools etc.

5

In Schedule 3 to the Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostal or approved probation home), for paragraph 1(3) there shall be substituted—

(3) In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.

Meaning of “local authority” and “local government service”

6

• (1) For the purposes of this Act “local authority” means—

• (a) in England and Wales—

• (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

• (ia) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (ib) the London Fire Commissioner;

• (ii) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ; and

• (iii) a body as regards which section 75 of that Act applies; and

• (b) in Scotland any regional, islands or district council.

• (2) References in this Act to a local authority shall apply also

• (a) to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities; and

• (b) to any other joint committee established by a combination scheme under section 5(1) and (2) of the Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 or in accordance with regulations made under section 7 of the Superannuation Act 1972 ; and

• (c) in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 or for the purposes of regulations made under section 7 of the Superannuation Act 1972 , any passenger transport executive for the purposes of Part II of the Transport Act 1968 and

• (d) in Scotland to any water development board within the meaning of the Water (Scotland) Act 1967 and to any river purification board established under the Local Government (Scotland) Act 1973.

7

• (1) For the purposes of this Act “local government service” means service under any local authority , any county council, town council or district council and any other authority to whom section 270 of the Local Government (Scotland) Act 1947 applied but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority.

• (2) The enactments referred to in sub-paragraph (1) above are—

• (a) the following enactments (which relate to war service), that is to say,—

• (i) sections 2 and 3 of the Local Government (Emergency Provisions) Act 1916;

• (ii) section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

• (iii) section 3 of the Local Government Staffs (War Service) Act 1939; and

• (b) section 51(4) (firemen employed in training institutions) of the London County Council (General Powers) Act 1949.

SCHEDULE 4 — Overseas Government Pensions (India, Pakistan and Burma)

1

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2

A pension payable out of the revenues of India or Pakistan to a person resident outside India, Pakistan, Burma and Aden in respect of any relevant services to the Crown, being either—

• (a) service which ended before 15th August 1947; or

• (b) service of which the termination was attributable to the passing of the Indian Independence Act 1947; or

• (c) service which began at a time earlier than 15th August 1947 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

The service relevant to this paragraph is service by virtue of which the pensioner has pension rights in relation to any of the funds listed below and any other service in a civil capacity; it is immaterial whether the service was rendered by the pensioner or by another pension, and “pension rights” includes, in relation to any person, all forms of right to, or eligibility for, the present or future payment of a pension to or in respect of that person.

List of funds

• (i) The Bengal Military Fund and Orphans’ Society;

• (ii) The Bombay Military Fund;

• (iii) The Madras Military Fund;

• (iv) The Madras Medical Fund;

• (v) The Indian Navy Fund;

• (vi) The Indian Civil Service Family Pension Fund (Untransferred);

• (vii) The Superior Services (India) Family Pension Fund (Untransferred);

• (viii) The Indian Military Widows’ and Orphans’ Fund (Untransferred);

• (ix) The Indian Military Services Family Pension Fund (Untransferred);

• (x) The Bengal and Madras Service Family Pension Fund.

3

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4

A pension payable from the revenues of Burma to a person resident outside Burma, India, Pakistan and Aden and payable in respect of service in a civil capacity in Burma, being either—

• (a) service which ended before 4th January 1948; or

• (b) service of which the termination was attributable to the passing of the Burma Independence Act 1947; or

• (c) service which began at a time earlier than 4th January 1948 and was rendered by a person who in the opinion of the Secretary of State was at that time domiciled outside Asia.

5

A pension payable to or in respect of a member of the staff of the High Commissioner for India or the High Commissioner for Pakistan who at some time before he was transferred to the staff of the High Commissioner had been an officer or servant on the permanent establishment of the Secretary of State in Council of India.

6

A pension payable to or in respect of a person who was appointed to the staff of the Auditor of the Accounts of the Secretary of State for India in Council before the 1st April 1937.

7

A pension payable to or in respect of a European officer or European warrant officer of the Royal Indian Marine.

SCHEDULE 5 — Other Overseas Government Pensions

1

A pension in respect of service under the government of an overseas territory by a person who—

• (a) was at any time selected for initial appointment to service under the government of an overseas territory by a Minister of the Crown in the United Kingdom, or was recruited by the Crown Agents for Overseas Governments and Administrations; or

• (b) was at any time recruited to a post for which, in the opinion of the Secretary of State, a normal channel of recruitment would have been either the Colonial Office or the Crown Agents for Oversea Governments and Administrations; or

• (c) was at any time a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Judiciary; or

• (d) was at any time a designated officer under an Overseas Service Aid Scheme Agreement.

2

A pension in respect of service under the Sudan Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 17th July 1954.

3

A pension in respect of service under the Egyptian Government by a person who, in the opinion of the Secretary of State, entered the service of that Government in a pensionable capacity before 15th March 1922, and who was a British subject when he entered such service.

4

A pension for the payment of which the Crown assumed responsibility under the Instrument of Cession of Sarawak dated 21st May 1946 or the North Borneo Transfer Agreement dated 26th June 1946.

5

A pension in respect of service in any of the armed forces of the Crown raised in an overseas territory, not being a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

6

A pension in respect of service in an auxiliary or special police force raised in an overseas territory, not being a pension payable to or in respect of a person who at the time of his retirement either—

• (a) was engaged as mentioned in section 1(1) of the Police (Overseas Service) Act 1945; or

• (b) was engaged in service in respect of which the provisions of section 5 of the Overseas Service Act 1958 had effect;

nor a pension payable under any warrant or other instrument made by virtue of Her Majesty’s prerogative in respect of such forces.

SCHEDULE 6 — Employments Relevant to Section 13(2)

The following employments shall be included in section 13(2)(a) of this Act, namely,—

• (a) employment in the College of Domestic Arts of South Wales and Monmouthshire;

• (b) employment by the Wheat Commission;

• (c) employment (otherwise than as a constable) under the Commissioner of Police of the Metropolis or the Metropolitan Police Authority or the Mayor's Office for Policing and Crime , being employment before the repeal of section 14(4) of the Police Act 1996 remunerated out of the Metropolitan Police Fund or employment after that repeal;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) employment as an officer of a Regional Hospital Board, Board of Governors of a teaching hospital (or, in Scotland, Board of Management), Executive Council or other body constituted under the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947 and any other employment as an officer engaged in health services provided under either of those Acts or otherwise (but not including health services provided by a local health authority or other local authority);

• (f) practices as a medical practitioner providing general medical services or as a dental practitioner providing general dental services (within the meaning of the National Health Service Act 1946 or the National Health Service (Scotland) Act 1947);

• (g) employment to which the Overseas Superannuation Scheme applied;

• (h) any other employment specified for this purpose by regulations of the Minister for Civil Service.

SCHEDULE 7 — Consequential Repeals

Chapter	Short Title	Extent of Repeal
10 & 11 Geo. 5. c. 36.	The Pensions (Increase) Act 1920.	The whole Act
14 & 15 Geo. 5. c. 32.	The Pensions (Increase) Act 1924.	The whole Act.
7 & 8 Geo. 6. c. 21.	The Pensions (Increase) Act 1944.	The whole Act.
10 & 11 Geo. 6. c. 7.	The Pensions (Increase) Act 1947.	The whole Act
11 & 12 Geo. 6. c. 24.	The Police Pensions Act 1948.	In Schedule 1, paragraphs 15 to 20.
12, 13 & 14 Geo. 6. c. 44.	The Superannuation Act 1949.	Section 48(1) to (4).
		Section 62(3).
15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.	The Pensions (Increase) Act 1952.	The whole Act
1 & 2 Eliz. 2. c. 25.	The Local Government Superannuation Act 1953.	In Schedule 4, paragraph 4.
2 & 3 Eliz. 2. c. 25.	The Pensions (Increase) Act 1954.	The whole Act.
3 & 4 Eliz. 2. c. 22.	The Pensions (India, Pakistan and Burma) Act 1955.	Section 3(1), except the words preceding pargraph (a) and except pargraph (c).
		In Schedule 2, Parts I and II.
4 & 5 Eliz. 2. c. 39.	The Pensions (Increase) Act 1956.	The whole Act.
6 & 7 Eliz. 2. c. 64.	The Local Goverment and Miscellaneous Financial Provisions (Scotland) Act 1958.	In Schedule 4, paragraphs 5 and 19.
7 & 8 Eliz. 2. c. 50.	The Pensions (Increase) Act 1959.	The whole Act
8 & 9 Eliz. 2. c. 9.	The Judicial Pensions Act 1959.	Section 7(1) and (2).
10 & 11 Eliz. 2. c. 30.	The Northern Ireland Act 1962.	Section 26(2).
11 & 12 Eliz. 2. c. 2.	The Pensions (Increase) Act 1962.	The whole Act.
1965 c. 11.	The Ministerial Salaries and Members’ Pensions Act 1965.	Section 17.
1965 c. 58.	The Ministerial Salaries Consolidation Act 1965.	Section 3(3) from “but” onwards.
1965 c. 78.	The Pensions (Increase) Act 1965.	The whole Act.
1969 c. 7.	The Pensions (Increase) Act 1969.	The whole Act.

SCHEDULE 8 — Repeals of Spent Provisions

Part I — Outright Repeals

Chapter	Short Title	Extent of Repeal
1 & 2 Geo. 6. c. 31.	The Scottish Land Court Act 1938.	Section 1(3)
11 & 12 Geo. 6. c. 26.	The Local Government Act 1948.	In section 140, in subsection (1), the words “the Central Valuation Committee, the Railway Assessment Authority”, and subsection (3)(f) with the preceding “and”.
11 &12 Geo. 6. c. 33.	The Superannuation (Miscellaneous Provisions) Act 1948.	Section 13, so far as unrepealed.
8 & 9 Eliz. 2. c. 9.	The Judicial Pensions Act 1959.	Section 3(2).
		Section 7(3).
		Section 9(3).
1967 c. 73.	The National Insurance Act 1967.	In Schedule 7, paragraph 7.
1969 c. 44.	The National Insurance Act 1969.	Section 10(2).
1969 c. 63.	The Police Act 1969.	Section 5.
1970 c. 51.	The National Insurance (Old perons’ and widows’ pensions and attendance allowance) Act 1970.	Section 8(6).

Part II — Repeals with Saving for Existing Pensions

Chapter	Short Title	Extent of Repeal
8 Edw. 7. c. 38.	The Irish Universities Act 1908.	Section 16(8).
9 & 10 Geo. 5. c. 19.	The Local Government (Ireland) Act 1919.	Section 8.
10 & 11 Geo. 5. c. 67.	The Government of Ireland Act 1920.	Section 9(4).
		Sections 54 and 55.
		Sections 57 to 59.
		In section 68, subsection (1) from the words “or any Act” onwards and subsection (2).
		Schedule 8.
13 Geo. 5. Sess. 2. c. 2.	The Irish Free State (Consequential Provisions) Act 1922 (Session 2).	In Schedule 1, paragraph 7(2).
25 & 26 Geo. 5. c. 23.	The Superannuation Act 1935.	Section 18(2).
12, 13 & 14 Geo. 6. c. 44.	The Superannuation Act 1949.	Section 56.
10 & 11 Eliz. 2. c. 30.	The Northern Ireland Act 1962.	Section 26(1) and (3).
1965 c. 74.	The Superannuation Act 1965.	Section 101.

No repeal included in this Part of this Schedule shall affect the operation of any enactment (including an enactment of the Parliament of Northern Ireland) in relation to pensions for service ending before the passing of this Act.

Editorial notes