The Pensions Increase (National Health Service Pensions) Regulations 1974

Made: 5th June 1974

Laid before Parliament: 14th June 1974

Coming into Operation: 5th July 1974

The Secretary of State for Social Services in exercise of her powers under sections 1 and 4 of the Pensions (Increase) Act 1974 and of all other powers enabling her in that behalf, with the consent of the Minister for the Civil Service, hereby makes the following regulations.

Citation and commencement

1

These regulations may be cited as the Pensions Increase (National Health Service Pensions) Regulations 1974 and shall come into operation on 5th July 1974.

Interpretation

2

• (1) In these regulations, unless the context otherwise requires, “the Act” means the Pensions (Increase) Act 1974 and other words and expressions used have the same meanings as in the Act.

• (2) The Interpretation Act 1889 applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

3

For the purposes of section 1(1) of the Act (which provides that a pension authority may increase the basic rate of an official pension of a class prescribed by a percentage of the said basic rate ascertained in accordance with the provisions of the Act and beginning after a specified date) a National Health Service pension, being an official pension which is payable by the Secretary of State, is hereby prescribed as an official pension of a class of which the basic rate may be increased.

4

A National Health Service pension in respect of service ending with service of a person in a category of employment specified in Part I of the schedule to these regulations (being a pension as respects which, in the opinion of the Secretary of State, increases in the emoluments relevant for the purpose of calculating the pension were deferred during the period beginning with 6th November 1972 and ending with 31st March 1973 in consequence of provisions of the Counter-Inflation (Temporary Provisions) Act 1972) is hereby specified as a pension of a class to which section 1(2)(a) of the Act applies.

5

Subject to regulation 6 of these regulations, the relevant date in relation to a National Health Service pension in respect of service ending with service of a pension in a category of employment specified in column (1) of Part I or Part II, as the case may be, of the schedule to these regulations (being the date on which, in the opinion of the Secretary of State, the emoluments relevant for the purpose of calculating the National Health Service pension were, or are expected to be, increased by the principal pay increase made or expected to be made, during the year ending with 6th November 1974, in accordance with the code in force under section 2 of the Counter-Inflation Act 1973 at the time of the increase) shall be the date specified in relation to that category of employment in column (2) of that schedule.

6

Where a person was transferred by an order made under the National Health Service Reorganisation Act 1973 in a category of employment mentioned in this regulation, the relevant date in relation to the National Health Service pension in respect of the service of such a person shall be in the case of—

• (a) a chief administrative officer who retains his former terms and conditions of service, 1st July 1974;

• (b) a medical officer (other than a medical officer who upon transfer became a community physician) or a dental officer, 1st October 1974; and

• (c) in the case of a person who immediately before being so transferred was an ancillary worker on the staff or a member of the ambulance staff of a local health authority, the relevant date specified by regulations made under the Act which would have applied in relation to the pension of that person had he not been so transferred.

7

Any increase of pension payable by virtue of these regulations shall have effect in respect of any period beginning on or after 1st December 1973.

SCHEDULE

PART I

PART II

Signed

Barbara Castle — Secretary of State for Social Services — 5th June 1974

Consent of the Minister for the Civil Service given under his Official Seal on 5th June 1974.

K. H. McNeill — Authorised by the Minister for the Civil Service

Explanatory note

EXPLANATORY NOTE

These Regulations provide for National Health Service pensions payable by the Secretary of State to be increased by a percentage of the basic rate in accordance with the provisions of the Pensions (Increase) Act 1974.

In accordance with section 4(3)(a) of that Act, these Regulations have retrospective effect as from 1st December 1973 (regulation 7).