Superannuation Act 1972

National Health Service Act 1966

59

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

Forestry Act 1967

60

In Schedule 1 to the Forestry Act 1967, in paragraph 9—

• (a) in sub-paragraph (1) for the words from “officers” to “to time” substitute “ classes of officers employed by the Commissioners as may be ” ;

• (b) in sub-paragraph (2) for the words from “civil service superannuation” to “relief)” substitute “ principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force, and the relevant provisions of that scheme.... ” ; and

• (c) in sub-paragraph (4) omit the words from “the civil” to “service ; and”.

61

In the said Schedule 1, for paragraph 10(3), substitute—

(3) A scheme made under this paragraph may be made so as to take effect from such date, not being earlier than 14th July 1949, as may be specified in the scheme.

62

In the said Schedule 1, at the end of paragraph 12 insert— “ This paragraph shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 substituting for references to £500 such higher amount as may be specified in the order. ”

Parliamentary Commissioner Act 1967

63

In Schedule 1 to the Parliamentary Commissioner Act 1967, in paragraph 1, for the words from “schemes” to “State” substitute “ scheme of pensions and other benefits applicable to the judicial officers listed in Schedule 1 to the Judicial Pensions Act 1959 and the scheme of pensions and other benefits applicable by virtue of section 1 of the Superannuation Act 1972 to the civil service of the State ”.

64

In the said Schedule 1, in paragraph 3,—

• (a) for “the Superannuation Act 1965” substitute “ the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force ” ; and

• (b) for “an established capacity” substitute “ employment ”.

Superannuation (Miscellaneous Provisions) Act 1967

65

In section 4(6) of the Superannuation (Miscellaneous Provisions) Act 1967 omit “in an established capacity” and for “the Superannuation Act 1965” substitute “ the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force ”.

66

In section 7 of the said Act of 1967—

• (a) in subsection (1), for “section 67(1) of the National Health Service Act 1946” substitute “ section 10 of the Superannuation Act 1972 ”, for “said Act of 1946” where first occurring, substitute “ National Health Service Act 1946 ” and for “the Superannuation Act 1965” substitute “ any scheme under section 1 of the said Act of 1972 ” ; and

• (b) in subsections (2) and (4), for “section 67(1)” substitute “ section 10 ”.

67

In section 18(4) of the said Act of 1967 for “Sections 6 to 8” substitute “ Section 7 ” and for “so far as they apply”, in both places, substitute “ so far as it applies ”.

Air Corporations Act 1967

68

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

Road Traffic Regulation Act 1967

69

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

Courts-Martial (Appeals) Act 1968

70

In section 7(2) of the Courts-Martial (Appeals) Act 1968 for the words from “the Superannuation” to the end substitute “ the principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to officers and servants of the Court as it applies to other persons employed in the civil service of the State ”.

Rent Act 1968

71

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

Vehicle and Driving Licences Act 1969

72

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

Post Office Act 1969

73

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

74

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

Trustee Savings Banks Act 1969

75

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

76

In section 82 of the said Act of 1969—

• (a) in subsection (2) for the words from " the Superannuation " to the end substitute " the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force ";

• (b) in subsection (3) omit the words from the beginning to " (2) above " and for the words from " corresponding", where secondly occurring, to "conferred)" substitute " for the payment of pensions to widows or widowers, children and dependants and for the payment of contributions towards defraying the cost of such pensions "; and

• (c) subsection (5) shall be omitted.

Taxes Management Act 1970

77

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

Income and Corporation Taxes Act 1970

78

In section 210 of the Income and Corporation Taxes Act 1970 for paragraphs (a) and (b) substitute—

(a) any contributions made by him in accordance with a scheme under section 1 of the Superannuation Act 1972, being contributions towards defraying the cost of pension payable under the scheme to that person’s widow (or, as the case may be, widower) children or dependants, or (b) any contributions made by him under Part II or III of the Superannuation Act (Northern Ireland) 1967 or by virtue of any enactment by the Parliament of Northern Ireland corresponding to section 1 of the said Act of 1972, or

Sea Fish Industry Act 1970

79

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

Courts Act 1971

80

At the end of section 27 of the Courts Act 1971 insert—

(2) The principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to such officers and staff as it applies to other persons employed in the civil service of the State.

81

In Schedule 10 to the said Act for 1971, in paragraph 16—

• (a) in sub-paragraph (1) omit the words from “and, if” to the end ; and

• (b) in sub-paragraph (2) for “issue of the certificate” substitute “ giving of the direction under sub-paragraph (1) above ”.

Rent (Scotland) Act 1971

82

In section 37(4) of the Rent (Scotland) Act 1971 for “the Local Government Superannuation (Scotland) Act 1937” substitute “ regulations under section 7 of the Superannuation Act 1972 ” and for “that Act” substitute “ section 8 of that Act. ”

National Savings Bank Act 1971

83

In section 24(1)(a) of the National Savings Bank Act 1971 for “Superannuation Acts” substitute “ principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force ”.

Pensions (Increase) Act 1971

84

In section 4(4) of the Pensions (Increase) Act 1971 for “21” substitute “ 20A ” and for “and 23” substitute “ to 23A ”.

85

In section 5(1) of the said Act of 1971 after “9(7)” insert “ or 7(A) ”.

86

In section 8(1) of the said Act of 1971 at the end insert

and (c) without prejudice to the generality of paragraph (b) above, any compensation payable in pursuance of the provisions of a scheme under section 1 of the Superannuation Act 1972 made by virtue of section 2(2) of that Act or of regulations made under section 24 thereof.

87

In section 9 of the said Act of 1971 after subsection (7) insert—

(7A) Section 5(1) above shall not require a local authority to increase any gratuity by way of periodical payments or by way of an annuity in accordance with regulations made under section 7 of the Superannuation Act 1972 ; and the provisions of this section relating to lump sums shall not apply to any such gratuity.

88

In section 13 of the said Act of 1971 for the words “the Superannuation Act 1965”, in both places where they occur, substitute “ the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 ”.

89

In Schedule 2 to the said Act of 1971—

• (a) in paragraph 4, at the end insert “ or under a scheme made under section 1 of the Superannuation Act 1972, being the principal civil service pension scheme within the meaning of section 2 of that Act ” ;

• (b) after paragraph 15 insert—

(15A) A pension payable by a Secretary of State under regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of employment, etc.) to or inrespect of such a person as is referred to in paragraph 15 above

;

• (c) after paragraph 16 insert—

(16A) A pension payable by a Secretary of State to or in respect of a person in relation to whom a scheme may be made under the said section 26, being a pension payable under regulations made under section 24 of the Superannuation Act 1972

;

• (d) in paragraph 20, for “section 1 or section 7 of the Teachers Superannuation Act 1967” substitute “ section 9 of the Superannuation Act 1972 ” ;

• (e) after paragraph 20 insert—

(20A) A pension payable to or in respect o fa teacher under regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of employment, etc.)

• (f) omit paragraph 21 ;

• (g) in paragraph 22(b) omit “67 or” and “66 or” ;

• (h) after sub-paragraph (b) of paragraph 22 insert—

(c) regulations made under section 10 of the Superannuation Act 1972

;

• (i) after paragraph 23 insert—

(23A) A pension payable to or in respect of a person in relation to whom regulations may be made under the said section 10, being a pension payable under regulations made under section 24 of the said Act of 1972 (compensation for loss of employment, etc.)

;

• (j) in paragraph 25 for “Superannuation Acts 1965 and 1967” substitute “ principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 ”

• (k) in paragraph 52, at the end insert—

or under the regulations made under section 24 of the Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.). This paragraph does not apply to a pension payable as mentioned in paragraph 15A above

• (l) in paragraph 53 after “Act 1953” insert “ or section 7 of the Superannuation Act 1972 ” ;

• (m) in paragraph 55, at the end insert— “ or under regulations made under section 24 of the Superannuation Act 1972 (further provisions requiring payment of compensation for loss of employment, etc.) ” ;

• (n) in pargraph 60, for the words from “section 40” to the end substitute “ regulations made under section 7 of the Superannuation Act 1972. ”

• (o) in paragraph 64 after “8(1)(b)” insert “ or (c) ”.

90

In Schedule 3 to the said Act of 1971—

• (a) in paragraph 3 for “Superannuation Acts 1965 and 1967” substitute “ principal civil service pension scheme wihtin the meaning of section 2 of the Superannuation Act 1972 ” ;

• (b) in paragraph 6(2)(b) after “(Scotland) Act 1937” insert “ or in accordance with regulations made under section 7 of the Superannuation Act 1972 ” and

• (c) in paragraph 6(2)(c) after “(Scotland) Act 1937” insert “ or for the purposes of regulations made under section 7 of the Superannuation Act 1972 ”.

Tribunals and Inquiries Act 1971

91

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

Industrial Relations Act 1971

92

In section 150(4) of the Industrial Relations Act 1971 for “the Superannuation Act 1965” substitute “ a scheme made under section 1 of the Superannuation Act 1972 ”.

93

In Schedule 3 of the said Act of 1971, at the end of paragraph 30 insert— “ The principal civil service pension within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with necessary adaptations, apply to such officers and servants as it applies to other persons employed by the civil service of the State. ”

Civil Aviation Act 1971

94

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

95

In paragraph 3 of the said Schedule 9—

• (a) in sub-paragraph (2) after " that Act" insert " or in accordance with a scheme made under section 1 of the Superannuation Act 1972 "; and

• (b) in sub-paragraph (7) omit the words from " in an established " to " 1965 ".

96

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

SCHEDULE 7

Provisions relating to civil servants, etc.

1

• (1) The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted before the commencement of this Act under the Superannuation Acts 1965 and 1967 or any pension, allowance or gratuity deemed by paragraph 1 of Schedule 10 to the Superannuation Act 1965 to have been granted under that Act, and subject to sub-paragraph (2) below, the pension, allowance or gratuity shall be deemed to have been granted under the principal civil service pension scheme within the meaning of section 2 of this Act.

• (2) Without prejudice to section 23 of this Act, sub-paragraph (1) above shall not apply in relation to a pension, allowance or gratuity granted under the said Acts of 1965 and 1967—

• (a) to a person who, immediately before the pension, allowance or gratuity was granted to him, was a person listed in Schedule 5 to this Act; or

• (b) by virtue of any provision of the Governors' Pensions Act 1957, to a Governor within the meaning of that Act.

• (3) Any person who before the commencement of this Act duly elected under section 4(6) of the Superannuation (Miscellaneous Provisions) Act 1967 that the said Act of 1965 should apply to him as if his service as a Governor had been passed in the home civil service shall be deemed to have elected that the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force should so apply to him.

2

• (1) Any determination, decision, surrender, election or nomination made, certificate, direction, notice or approval given, contribution paid or other thing done under any provision of the Superannuation Acts 1965 and 1967 which is repealed by this Act shall not be affected by the repeal but shall have effect as if made, given or done under the corresponding provision of the principal civil service pension scheme within the meaning of section 2 of this Act.

• (2) Section 3 of this Act shall apply in relation to payments made before the commencement of this Act in accordance with a warrant under section 18 of the Superannuation Act 1965 or a warrant issued by virtue of section 6 of the Ministerial Salaries Consolidation Act 1965 as it applies in relation to payments made in accordance with a scheme made under the said section 1.

• (3) Section 4(1) of this Act shall apply in relation to any person to whom a payment was made under section 93 of the Superannuation Act 1965 as it applies in relation to any person to whom a payment is made under the said section 4(1).

3

Any reference in any Act or document to the Superannuation Act 1965, to the Superannuation Acts 1965 and 1967 or to any provision of the said Act of 1965, shall, except in so far as the context otherwise requires, be construed as, or as including, a reference to the principal civil service pension scheme within the meaning of section 2 of this Act or to the corresponding provision of that scheme, as the case may be.

Provisions relating to persons employed in local government service, etc.

4

The repeal of any enactment by this Act shall not affect any superannuation benefit—

• (a) granted under or by virtue of the Local Government Superannuation Acts 1937 to 1953 before the coming into operation of section 7 of this Act in England and Wales ; or

• (b) granted under or by virtue of the Local Government Superannuation (Scotland) Acts 1937 to 1953 before the coming into operation of the said section 7 in Scotland ; or

• (c) granted under any provision of the Local Government Superannuation Act 1937, or of the Local Government Superannuation (Scotland) Act 1937, which was repealed by the Local Government Superannuation Act 1953.

5

• (1) Notwithstanding any repeal made by this Act—

• (a) the provisions of the enactments listed in the Table below, as amended, extended or applied by or under any other enactment, and

• (b) the provisions of any instrument (including a scheme) made under an enactment so listed, being provisions in force immediately before the commencement of this Act,

shall, as from the said commencement, have effect, with the necessary adaptations and modifications, as provisions of regulations under section 7 or, in so far as they apply in relation to local Act schemes, section 8(2) of this Act, and may be revoked or amended accordingly.

• (2) Any reference in any enactment or document to any such enactment or instrument as is referred to in sub-paragraph (1) above or any provision thereof (including such a reference in any such enactment or instrument) shall, except in so far as the context otherwise requires, be construed as a reference to so much of regulations made under the said section 7 or, as the case may be, section 8(2) as by virtue of sub-paragraph (1) above consists of that enactment, instrument or provision.

1. The Local Government Superannuation Act 1937, except sections 17(2), 26(4), 32 and 34, the proviso to section 35, sections 37, 39 and 41 and Part II of Schedule 1.
2. Sections 3 to 9 of the Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).
3. Sections 6 and 7 of the Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of " contributory employee ", " local Act scheme ", " local Act contributor " and " local authority ".
4. Section 72 of the Representation of the People Act 1948.
5. Paragraph 8(6) of Schedule 2 to the Justices of the Peace Act 1949.
6. The Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.
7. Section 77(3) of the London Government Act 1963.
8. Section 97(1) of the Water Resources Act 1963.
9. Paragraph 5(5) of Schedule 4 to the Police Act 1964.
10. Paragraph 2 of Schedule 1 to the Public Libraries and Museums Act 1964.
11. Paragraphs 13 and 14 of Schedule 10 to the Courts Act 1971.
1. The Local Government Superannuation (Scotland) Act 1937, except sections 22(3), 28, 29, the proviso to section 30, sections 32 and 33, and Part II of Schedule 1.
2. Sections 3 to 9 of the Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).
3. Section 3 of the Association of County Councils (Scotland) Act 1946.
4. Sections 6 and 7 of the Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of " contributory employee ", " local Act scheme ", " local Act contributor " and " local authority ".
5. Section 14(2) and (3) of the Rivers (Prevention of Pollution) (Scotland) Act 1951.
6. The Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

Provisions relating to teachers

6

• (1) Regulations made under any provision of the Teachers Superannuation Act 1967 and in force immediately before the coming into operation of section 9 of this Act in England and Wales shall be deemed to be regulations made under the said section 9 in its application to England and Wales.

• (2) Any contribution paid, direction given, or other thing done, under section 3, 4 or 5 of the said Act of 1967 or Schedule 1 thereto shall not be affected by the repeal of those enactments but shall have effect as if paid, given or done under the corresponding provision of regulations made under the said section 9 in its application to England and Wales.

• (3) Nothing in any regulations made under the said section 9 in its application to England and Wales shall affect the operation of any enactment repealed by the said Act of 1967 in relation to—

• (a) any annual allowance which began to accrue before 1st April 1967 under the Teachers (Superannuation) Acts 1918 to 1956;

• (b) any additional allowance or gratuity which became payable under those Acts before that date ; or

• (c) any liability to pay contributions in respect of the person to or in respect of whom any such allowance or gratuity was granted;

and nothing in any such regulations shall affect the operation of section 2(2) of the Teachers Superannuation Act 1965 (which, in relation to certain allowances, etc. preserved the effect of certain enactments and other provisions amended, repealed or revoked by that Act).

7

• (1) Regulations made under any provision of the Teachers Superannuation (Scotland) Act 1968 and in force immediately before the coming into operation of section 9 of this Act in Scotland shall be deemed to be regulations made under the said section 9 in its application to Scotland.

• (2) Any pension, allowance, gratuity or contribution payable, direction given or other thing done in respect of employment as a teacher in Scotland before the coming into operation of the said section 9 in Scotland shall thereafter be deemed to be payable or to be given or done under regulations made under that section in its application to Scotland.

Provisions relating to persons engaged in health services, etc.

8

• (1) Regulations made under section 67 of the National Health Service Act 1946 and in force immediately before the coming into operation of section 10 of this Act in England and Wales shall be deemed to be regulations made under the said section 10 in its application to England and Wales; and any direction given under section 9(1) of the National Health Service Act 1966 shall continue to have effect in relation to those regulations, notwithstanding the repeal by this Act of the said section 9(1).

• (2) Sub-paragraph (1) above shall have effect in Scotland with the substitution for the reference to section 67 of the National Health Service Act 1946 of a reference to section 66 of the National Health Service (Scotland) Act 1947 and for the reference to England and Wales of a reference to Scotland.

9

Regulations made under section 35 of the Health Services and Public Health Act 1968 and in force immediately before the commencement of this Act shall be deemed to be regulations made under section 24 of this Act.

Provisions relating to other persons

10

• (1) The repeal of sections 2 and 3 of the Exchequer and Audit Departments Act 1950 by this Act shall not affect any pension granted under the said section 2, or any pension, allowance or gratuity granted by virtue of the said section 3, before the commencement of this Act, and accordingly any such pension, allowance or gratuity shall continue to be charged on and issued out of the Consolidated Fund.

• (2) Any election duly made under the said section 2 shall be deemed to have been so made under section 13 of this Act.

11

The repeal by this Act of section 665 of the Merchant Shipping Act 1894 shall not affect any allowance or compensation granted under that section before the commencement of this Act, and any allowance or compensation so granted shall be deemed to have been granted in accordance with arrangements made under section 1A of the Merchant Shipping (Mercantile Marine Fund) Act 1898, as inserted by section 17 of this Act.

12

The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted under section 79(8) of the Land Drainage Act 1930, section 80(7) thereof or section 53 of the Thames Conservancy Act 1950 before the commencement of this Act, and any such pension, allowance or gratuity shall continue to be paid as if this Act had not been passed.

13

Notwithstanding the repeal by this Act of sub-paragraphs (i), (ii) and (iii) of section 6(2)(d) of the Commonwealth Telegraphs Act 1949, regulations made by virtue of those sub-paragraphs shall continue to have effect in so far as immediately before the commencement of this Act they apply to any persons, other than persons employed in the civil service of the State, and may be varied or revoked as if the said sub-paragraphs had not been repealed.

Provisions relating to certain rules

14

Nothing in this Act shall affect the operation of any rules made under any of the following enactments, namely, section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 and sections 38, 39A and 42(1) of the Superannuation Act 1965, and any such rules in force at the commencement of this Act, shall, unless and until revoked, but subject to any amendments made therein in exercise of the power to vary them, continue to have effect as if this Act had not been passed.

15

Notwithstanding the repeal by this Act of section 1 of the Superannuation (Miscellaneous Provisions) Act 1948, rules made under that section in relation to such a person as is referred to in subsection (1)(b) of that section and in force immediately before the commencement of this Act shall continue in force subject to the like power of variation or revocation as if the said section 1 had not been repealed.

SCHEDULE 8

Superannuation schemes as respects civil servants, etc.

List of employments and offices for purposes of section 1(4A)

Members of police forces, special constables and police cadets.

Members of fire brigades.

Members of police forces, special constables and police cadets.

Persons employed by general lighthouse authorities, etc.

The Pensions Commutation Acts 1871 to 1882, in so far as they apply to persons to whom section 1 of this Act applies.

The following, in so far as they are in force immediately before the commencement of this Act:—

56

In section 38 of the Superannuation Act 1965

• (a) in subsection (2)(a) for “this Act and any other” substitute “ any ” ;

• (b) in subsection (2)(b) for the words from “this Act” to “any other” substitute “ the civil service scheme, with or without modifications, in substitution for any ”, and for “this Act”, where last occurring, substitute “ that scheme ” ;

• (c) in subsection (3) for “this Act”, wherever occurring, substitute “ the civil service scheme ”, and

• (d) after subsection (5) insert—

(5A) References in this section to enactments shall be construed as including references to the civil serivce scheme, and in this section “the civil service scheme” means the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force.

1

• (1) The repeal of any enactment by this Act shall not affect any pension, allowance or gratuity granted before the commencement of this Act under the Superannuation Acts 1965 and 1967 or any pension, allowance or gratuity deemed by paragraph 1 of Schedule 10 to the Superannuation Act 1965 to have been granted under that Act, and subject to sub-paragraph (2) below, the pension, allowance or gratuity shall be deemed to have been granted under the principal civil service pension scheme within the meaning of section 2 of this Act.

• (2) Without prejudice to section 23 of this Act, sub-paragraph (1) above shall not apply in relation to a pension, allowance or gratuity granted under the said Acts of 1965 and 1967—

• (a) to a person who, immediately before the pension, allowance or gratuity was granted to him, was a person listed in Schedule 5 to this Act; or

• (b) by virtue of any provision of the Governors’ Pensions Act 1957, to a Governor within the meaning of that Act.

• (3) Any person who before the commencement of this Act duly elected under section 4(6) of the Superannuation (Miscellaneous Provisions) Act 1967 that the said Act of 1965 should apply to him as if his service as a Governor had been passed in the home civil service shall be deemed to have elected that the principal civil service pension scheme within the meaning of section 2 of this Act and for the time being in force should so apply to him.

2

• (1) Any determination, decision, surrender, election or nomination made, certificate, direction, notice or approval given, contribution paid or other thing done under any provision of the Superannuation Acts 1965 and 1967 which is repealed by this Act shall not be affected by the repeal but shall have effect as if made, given or done under the corresponding provision of the principal civil service pension scheme within the meaning of section 2 of this Act.

• (2) Section 3 of this Act shall apply in relation to payments made before the commencement of this Act in accordance with a warrant under section 18 of the Superannuation Act 1965 or a warrant issued by virtue of section 6 of the Ministerial Salaries Consolidation Act 1965 as it applies in relation to payments made in accordance with a scheme made under the said section 1.

• (3) Section 4(1) of this Act shall apply in relation to any person to whom a payment was made under section 93 of the Superannuation Act 1965 as it applies in relation to any person to whom a payment is made under the said section 4(1).

3

Any reference in any Act or document to the Superannuation Act 1965, to the Superannuation Acts 1965 and 1967 or to any provision of the said Act of 1965, shall, except in so far as the context otherwise requires, be construed as, or as including, a reference to the principal civil service pension scheme within the meaning of section 2 of this Act or to the corresponding provision of that scheme, as the case may be.

4

The repeal of any enactment by this Act shall not affect any superannuation benefit—

• (a) granted under or by virtue of the Local Government Superannuation Acts 1937 to 1953 before the coming into operation of section 7 of this Act in England and Wales; or

• (b) granted under or by virtue of the Local Government Superannuation (Scotland) Acts 1937 to 1953 before the coming into operation of the said section 7 in Scotland; or

• (c) granted under any provision of the Local Government Superannuation Act 1937, or of the Local Government Superannuation (Scotland) Act 1937, which was repealed by the Local Government Superannuation Act 1953.

5

• (1) Notwithstanding any repeal made by this Act—

• (a) the provisions of the enactments listed in the Table below, as amended, extended or applied by or under any other enactment, and

• (b) the provisions of any instrument (including a scheme) made under an enactment so listed, being provisions in force immediately before the commencement of this Act,

shall, as from the said commencement, have effect, with the necessary adaptations and modifications, as provisions of regulations under section 7 or, in so far as they apply in relation to local Act schemes, section 8(2) of this Act, and may be revoked or amended accordingly.

• (2) Any reference in any enactment or document to any such enactment or instrument as is referred to in sub-paragraph (1) above or any provision thereof (including such a reference in any such enactment or instrument) shall, except in so far as the context otherwise requires, be construed as a reference to so much of regulations made under the said section 7 or, as the case may be, section 8(2) as by virtue of sub-paragraph (1) above consists of that enactment, instrument or provision.

Table

Enactments applying toEngland and Wales

1

The Local Government Superannuation Act 1937, except section 17(2), 26(4), 32 and 34, the proviso to section 35, sections 37, 39 and 41 and Part II of Schedule 1.

2

Sections 3 to 9 of the Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).

3

Sections 6 and 7 of the Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of “contributory employee”, “local Act scheme”, “local Act contributor” and “local authority”.

4

Section 72 of the Representation of the People Act 1948.

5

Paragraph 8(6) of Schedule 2 to the Justices of the Peace Act 1949.

6

The Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

7

Section 77(3) of the London Government Act 1963.

8

Section 97(1) of the Water Resources Act 1963.

9

Paragraph 5(5) of Schedule 4 to the Police Act 1964.

10

Paragraph 2 of Schedule 1 to the Public Libraries and Museums Act 1964.

11

Paragraphs 13 and 14 of Schedule 10 to the Courts Act 1971.

Enactments applying to Scotland

1

The Local Government Superannuation (Scotland) Act 1937, except sections 22(3), 28, 29, the proviso to section 30, sections 32 and 33, and Part II of Schedule 1.

2

Sections 3 to 9 of the Local Government Staffs (War Service) Act 1939, except the proviso to section 6(2).

3

Section 3 of the Association of County Councils (Scotland) Act 1946.

4

Sections 6 and 7 of the Superannuation (Miscellaneous Provisions) Act 1948 and the definitions in section 17(1) of that Act of “contributory employee”, “local Act scheme”, “local Act contributor” and “local authority”.

5

Section 14(2) and (3) of the Rivers (Prevention of Pollution) (Scotland) Act 1951.

6

The Local Government Superannuation Act 1953, except sections 12, 17(4), 26(1) and (3) and 28.

6

• (1) Regulations made under any provision of the Teachers Superannuation Act 1967 and in force immediately before the coming into operation of section 9 of this Act in England and Wales shall be deemed to be regulations made under the said section 9 in its application to England and Wales.

• (2) Any contribution paid, direction given, or other thing done, under section 3, 4 or 5 of the said Act of 1967 or Schedule 1 thereto shall not be affected by the repeal of those enactments but shall have effect as if paid, given or done under the corresponding provision of regulations made under the said section 9 in its application to England and Wales.

• (3) Nothing in any regulations made under the said section 9 in its application to England and Wales shall affect the operation of any enactment repealed by the said Act of 1967 in relation to—

• (a) any annual allowance which began to accrue before 1st April 1967 under the Teachers (Superannuation) Acts 1918 to 1956;

• (b) any additional allowance or gratuity which became payable under those Acts before that date; or

• (c) any liability to pay contributions in respect of the person to or in respect of whom any such allowance or gratuity was granted;

and nothing in any such regulations shall affect the operation of section 2(2) of the Teachers Superannuation Act 1965 (which, in relation to certain allowances, etc. preserved the effect of certain enactments and other provisions amended, repealed or revoked by that Act).

7

• (1) Regulations made under any provision of the Teachers Superannuation (Scotland) Act 1968 and in force immediately before the coming into operation of section 9 of this Act in Scotland shall be deemed to be regulations made under the said section 9 in its application to Scotland.

• (2) Any pension, allowance, gratuity or contribution payable, direction given or other thing done in respect of employment as a teacher in Scotland before the coming into operation of the said section 9 in Scotland shall thereafter be deemed to be payable or to be given or done under regulations made under that section in its application to Scotland.

8

• (1) Regulations made under section 67 of the National Health Service Act 1946 and in force immediately before the coming into operation of section 10 of this Act in England and Wales shall be deemed to be regulations made under the said section 10 in its application to England and Wales; and any direction given under section 9(1) of the National Health Service Act 1966 shall continue to have effect in relation to those regulations, notwithstanding the repeal by this Act of the said section 9(1).

• (2) Sub-paragraph (1) above shall have effect in Scotland with the substitution for the reference to section 67 of the National Health Service Act 1946 of a reference to section 66 of the National Health Service (Scotland) Act 1947 and for the reference to England and Wales of a reference to Scotland.

9

Regulations made under section 35 of the Health Services and Public Health Act 1968 and in force immediately before the commencement of this Act shall be deemed to be regulations made under section 24 of this Act.

10

• (1) The repeal of sections 2 and 3 of the Exchequer and Audit Departments Act 1950 by this Act shall not affect any pension granted under the said section 2, or any pension, allowance or gratuity granted by virtue of the said section 3, before the commencement of this Act, and accordingly any such pension, allowance or gratuity shall continue to be charged on and issued out of the Consolidated Fund.

• (2) Any election duly made under the said section 2 shall be deemed to have been so made under section 13 of this Act.

11

The repeal by this Act of section 665 of the Merchant Shipping Act 1894 shall not affect any allowance or compensation granted under that section before the commencement of this Act, and any allowance or compensation so granted shall be deemed to have been granted in accordance with arrangements made under section 1A of the Merchant Shipping (Mercantile Marine Fund) Act 1898, as inserted by section 17 of this Act.

Editorial notes

[^c8516631]: Power to modify conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(2)(3)(c) Power to modify conferred (7.2.1994) by Pensions Schemes Act 1993 (c. 48), ss. 188-190, Sch. 6 Pt. II para. 17(3)(C); S.I. 1994/86, art. 2 Act modified (E.W.S.) (1.12.1993) by S.I. 1993/2714, regs. 9(4)(a), 10.

[^c8516641]: Act not in force at Royal Assent see section 30(4); Act wholly in force at 25.3.1972.

[^c8516651]: Act excluded (S.) (1.2.2000) by 2000 asp 1, s. 10(6), Sch. 2 para. 8(4)(a); S.S.I. 2000/10, art. 2(2) Act excluded (S.) (8.9.2000) by 2000 asp 10, s. 29, Sch. 4 para. 6(4)(a) (with s. 32); S.S.I. 2000/312, art. 2 Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of 1998 c. 31, s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

[^c8518241]: S. 1: for previous exercises of this power see Index to Government Orders.

[^c8518111]: S. 1 extended by Judicature (Northern Ireland) Act 1978 (c. 23), s. 72(1) S. 1 extended (E.W.) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 47, Sch. 13 para. 10(1) S. 1 extended by National Audit Act 1983 (c. 44, SIF 99:1), s. 3(4) S. 1 extended (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 4(6), 15(4) S. 1 extended by British Council and Commonwealth Institute Superannuation Act 1986 (c. 51, SIF 101A:1), s. 1(1)(2) S. 1 extended by S.I. 1987/938 (N.I. 10), art. 3(2), Sch. 1 Pt. I para. 8 S. 1 extended (E.W.S.) by Employment Act 1988 (c. 19, SIF 43:5), s. 19, Sch. 1 para. 5 S. 1 extended (E.W.) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 224(1) S. 1 extended (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 52(2), Sch. 5 para. 5(3) (with s. 79(1)); S.I. 1991/2054, art. 3, Sch. S. 1 extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), ss. 9, 70, Sch. 1 para. 7(5); S.I. 1992/831, art. 2, Sch. 1 S. 1 extended (1.6.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 37, Sch. 7 para. 7(5); S.I. 1992/817, art. 3(2), Sch. 2 S. 1 extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 269(2), 302 S. 1 extended (1.10.1993) by 1993 c. 35, s. 244, Sch. 14 para. 11(1); S.I. 1993/1975, art. 9, Sch. 1 S. 1 extended (21.12.1993) by 1993 c. 38, ss. 4, 36(1), Sch. 1, para. 9(1) S. 1 extended (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 46; S.I. 1994/507, art. 4(1), Sch. 2 S. 1 extended (E.W.S.) (19.9.1994) by 1994 c. 21, s. 1, Sch. 1 Pt. I para. 3(6) (with s. 40(7)); S.I. 1994/2189, art. 2, Sch. S. 1 extended (E.W.) (21.9.1994) by Education Act 1994 (c. 30), s. 2(5), Sch. 1 para. 7(1); S.I. 1994/2204, art. 2(1); and extension continued (1.9.2005) by virtue of Education Act 2005 (c. 18), ss. 77(2), 125(3), Sch. 5 para. 7(1) S. 1 extended (1.4.1996) by 1995 c. 26, s. 1(5), Sch. 1 para. 12(1) (with s. 121(5)); S.I. 1996/778, art. 2(3), Sch. Pt. III S. 1 extended (1.7.1996) by 1991 c. 53, s. 32(7), Sch. 5 para. 6(1) (as substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 70; S.I. 1996/1608, art. 2) S. 1 extended (1.8.1996) by 1995 c. 26, s. 78(8), Sch. 2 para. 11(1) (with s. 121(5)); S.I. 1996/1412, art. 2, Sch. Pt. I S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 20, 21, 583(2), Sch. 2 para. 9(1) (with ss. 1(4), 561, 562, Sch. 39) S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 159, 583(2), Sch. 30 para. 10(1) (with ss. 1(4), 561, 562, Sch. 39) S. 1 extended (E.W.) (1.11.1996) by 1996 c. 56, ss. 358, 583(2), Sch. 29 para. 11(1) (with ss. 1(4), 561, 562, Sch. 39) S. 1 extended (E.W.N.I.) (1.1.1997) by 1995 c. 35, s. 8, Sch. 1 para. 4(3); S.I. 1996/3149, art. 3 S. 1 extended (26.2.1997) by S.I. 1997/236, art. 2 S. 1 extended (1.10.1997) by 1997 c. 44, s. 21(5), Sch. 4 para. 11(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III S. 1 extended (1.10.1997) by 1997 c. 44, s. 27(5), Sch. 5 para. 10(1); S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III S. 1 extended (S.) by 1995 c. 46, s. 194A(7), Sch. 9A para. 4(3) (as inserted (1.1.1998) by 1997 c. 48, s. 25(2); S.I. 1997/3004, art. 2, Sch.) S. 1 extended (1.3.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 3(2); S.I. 1998/386, art. 2(1), Sch. 1 Pt. I S. 1 extended (1.4.1998) by S.I. 1998/618, art. 2(1) S. 1 extended (1.4.1998 with effect as specified in amending S.I.) by S.I. 1998/618, art. 3(1) S. 1 extended (1.4.1998) by 1997 c. 50, s. 109(2), Sch. 8 para. 6(1); S.I. 1998/354, art. 2(1)(2)(av)(ba) S. 1 extended (with effect from 1.9.1998) by S.I. 1999/519, art. 2(a) S. 1 extended (E.W.) (30.9.1998) by 1998 c. 37, s. 41(11), Sch. 2 para. 4(3); S.I. 1998/2327, art. 2(1)(i) S. 1 extended (1.10.1998) by 1998 c. 30, s. 1(9), Sch. 1 para. 7(1) (with s. 42(8)); S.I. 1998/2215, art. 2 S. 1 extended (21.11.1998) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 7, Sch. 1 para. 11; S.I. 1998/2886, art. 2(a) S. 1 extended (25.11.1998 for the purposes of regional development agencies established on that date and otherwise 3.7.2000) by 1998 c. 45, s. 2(5), Sch. 2 para. 5(1); S.I. 1998/2952, art. 2; S.I. 2000/1173, art. 2(2)(c) S. 1 extended by 1992 c. 37, s. 59A(3)(a) (as inserted (1.1.1999) by 1998 c. 30, s. 37 (with s. 42(8)); S.I. 1998/3237, art. 2(3)) S. 1 extended (1.3.1999) by 1998 c. 47, s. 68(4), Sch. 7 para. 4(2) (with s. 95(4)); S.I. 1999/340, art. 2(3), Sch. Pt. 3 S. 1 extended (1.4.1999) by 1993 c. 39, Sch. 2A para. 6(5) (as inserted (1.4.1999) by 1998 c. 22, s. 1(5), Sch. 1 Pt. II para. 7; S.I. 1999/650, art. 2(a)(b)) S. 1 extended (1.7.1999) by 1998 c. 38, s. 104, Sch. 6 para. 3(2); S.I. 1999/1290, art. 4 S. 1 extended (E.W.S.) (6.8.1999) by 1999 c. 17, s. 1(3), Sch. 1 para. 11(1) (with s. 15); S.I. 1999/2210, art. 2(1)(6) S. 1 extended (12.1.2000) by 1999 c. 29, s. 389(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2 S. 1 extended (8.6.2000) by S.I. 2000/1505, art. 4(1) S. 1 extended (28.6.2000) by S.I. 2000/1484, art. 3(3) S. 1 extended (24.7.2000 with effect as specified in amending S.I.) by S.I. 2000/1728, art. 2(1) S. 1 extended (3.8.2000) by 2000 c. 21, s. 52(8), Sch. 6 para. 6(1); S.I. 2000/2114, art. 2(1), Sch. Pt. I S. 1 extended (1.9.2000) by 2000 c. 21, s. 1(4), Sch. 1 para. 6(1); S.I. 2000/2114, art. 2(3), Sch. Pt. III S. 1 extended (with modifications) (1.10.2000) by 2000 c. 21, ss. 134-136 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I S. 1 extended (1.11.2000) by 2000 c. 27, s. 2(4), Sch. 2 para. 5(3); S.I. 2000/2917, art. 2, Sch. S. 1 extended (1.11.2000) by 2000 c. 27, s. 108, Sch. 6 Pt. III para. 44(2); S.I. 2000/2917, art. 2, Sch. S. 1 extended (N.I.) (6.11.2000) by 1998 c. 32, s. 51, Sch. 3 para. 3(3); S.R. 2000/399, art. 3 S. 1 extended (N.I.) (23.11.2000) by 2000 c. 32, s. 67(4), Sch. 4 para. 4(3) S. 1 extended (30.11.2000) by 2000 c. 41, ss. 1(6), 163(3)(a), Sch. 1 para. 11(6) S. 1 extended (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 6; S.I. 2000/3376, art. 2 S. 1 extended (E.W) (1.4.2001) by 2000 c. 43, s. 11, Sch. 2 para. 18(1); S.I. 2001/919, art. 2(a)(e) S. 1 extended (17.5.2001 with effect as specified in amending S.I.) by 2001/1587, art. 2 S. 1 extended (1.9.2002) by 2001 c. 16, s. 127(1)(2); S.I 2002/2050, art. 2 S. 1 extended (E.W.) (1.4.2002) by 2001 c. 16, s. 87, Sch. 3 para. 12; S.I. 2002/533, art. 2(c) S. 1 extended (12.8.2002 with effect as specified in amending S.I.) by S.I 2002/1913, arts. 2, 3 S. 1 extended (13.9.2002) by S.I. 2002/2143, art. 2 S. 1 extended (1.4.2003) by 2002 c. 40, ss. 13, 279, Sch. 3 para. 6(2); S.I. 2003/766, art. 2, Sch. (with art. 3)

[^c8518121]: S. 1 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)

[^c8518131]: S. 1 excluded (S.) by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), ss. 1, 10, Sch. 1 paras. 5(6), 16(6) S. 1 excluded (1.4.1995) by S.I. 1995/365, reg. R11(2)

[^c8518141]: S. 1 modified (E.W.S.) by Employment Act 1989 (c. 38, SIF 43:1), s. 26(7) S. 1 modified (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 para. 5 S. 1 modified (1.1.1996) by S.I. 1995/3275, reg. 57, Sch. 10 para. 1

[^c8518151]: S. 1 amended (retrospectively) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 154 S. 1 amended (12.1.2000) by 1999 c. 29, s. 390(1) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2

[^c8518161]: S. 1: functions transferred (1.4.1995) by S.I. 1995/269, art. 3, Sch. para. 6

[^c8518181]: S. 1: power to extend conferred (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 36(3)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i) S. 1: power to extend conferred (1.4.2001) by 1997 c. 25, s. 50(1) (as substituted (1.4.2001) by 1999 c. 22, ss. 83, 108(1), Sch. 12 para. 13 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i)

[^c20668811]: S. 1 extended (30.4.2003 with effect as specified in amending S.I.) by The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2003 (S.I. 2003/1073), arts. 2(a)-(q), 3(a)-(c) S. 1 extended (1.1.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 2(2), Sch. 2 para 5(3); S.I. 2003/3346, art 2

[^c20666321]: S. 1 extended (12.8.2004 with effect as specified in amending S.I.) by The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2004 (S.I. 2004/1927), arts. 2(1), 3(1)

[^c20666381]: S. 1 extended (16.12.2004) by Higher Education Act 2004 (c. 8), ss. 5(1), 52(2) (with ss. 8, 9); S.I. 2004/3255, art. 2

[^c20666401]: S. 1 extended (17.12.2004) by Pensions Act 2004 (c. 35), ss. 3, 109, 274(6), 322(1), Sch. 1 para. 34(1), Sch. 5 para. 28(1) (with s. 313); S.I. 2004/3350, art. 2, Sch.

[^c20666431]: S. 1 extended (6.4.2005) by Pensions Act 2004 (c. 35), ss. 211(3), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

[^c20666501]: S. 1 extended by Justice (Northern Ireland) Act 2002 (c. 26), Sch. 2 para. 4(3) (as substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19, Sch. 1 para. 5(8); S.R. 2005/282, art. 3)

[^c20666531]: S. 1 extended (E.W.S.) (24.7.2005) by Railways Act 2005 (c. 14), ss. 19(10), 60(2), Sch. 5 para. 5(1); S.I. 2005/1909, art. 2, Sch.

[^c20666631]: S. 1 extended (15.12.2005 with effect as specified in amending S.I.) by The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2005 (S.I. 2005/3171), arts. 2(1), 3(1)

[^c20666721]: S. 1 extended (E.W.) (2.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 1(5), 107(1), Sch. 1 para. 16(1); S.I. 2006/1176, art. 4

[^c20666751]: S. 1 extended (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 17(2), 107(1), Sch. 2 para. 16(1); S.I. 2006/2541, art. 2

[^c20666911]: S. 1 extended (2.2.2007 with effect as specified in amending S.I.) by The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2006 (S.I. 2006/3374), arts. 2(1), 3(1), 5(1)

[^c20667141]: S. 1 extended (10.11.2007 with effect as specified in amending S.I.) by The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2007 (S.I. 2007/2981), art. 2(1)

[^c20667161]: S. 1 extended (E.W.N.I.) (2.1.2008 for E.W. and 31.3.2008 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 1(2), 65, Sch. 1 para. 5(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 3; S.I. 2008/930, art. 2(a)

[^c20667191]: S. 1 extended (1.9.2008 with effect as specified in amending S.I.) by The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008 (S.I. 2008/1891), arts. 2(1), 3(1)