Superannuation Act 1972

SCHEDULE 6 Consequential and Minor Amendments.

Section 29. Supreme Court of Judicature Act (Ireland) 1877. 1 In section 76 of the Supreme Court of Judicature Act (Ireland) 1877 for the words from “and whose” to the end substitute “ shall for the purposes of superannuation be deemed to be employed in the civil service of the State. ” Judicial Factors (Scotland) Act 1889 2 In section 1 of the Judicial Factors (Scotland) Act 1889 for the words from “No” 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 shall apply in relation to the accountant and the said clerks as it applies in relation to persons to whom section 1 of the Act applies ”. Clerks of Session (Scotland) Regulation Act 1889 3 For section 8 of the Clerks of Session (Scotland) Regulation Act 1889 substitute— 8 The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply in relation to persons appointed to offices in the Court of Session as it applies in relation to persons to whom section 1 of that Act applies. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constabulary (Ireland) Act 1922 5 In section 1(5) of the Constabulary (Ireland) Act 1922 for “the permanent civil service of the Crown on” substitute “ a public civil office on consequence of ”. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sheriff Courts and Legal Officers (Scotland) Act 1927 9 In section 1(3) of the Sheriff Courts and Legal Officers (Scotland) Act 1927 for “the Superannuation Acts 1834 to 1919” substitute “ the principal civil service pension scheme within the meaning of the section 2 of the Superannuation Act 1972 and for the time being in force ”. 10 In section 6 of the said Act of 1927 for the words from “to be” to the end substitute “ for all purposes to be employed in the civil service of the State ”. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Justice (Scotland) Act 1933 12 In section 28 of the Administration of Justice (Scotland) Act 1933 for the words from “the conditions” 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 shall apply in relation to persons appointed to any such office as it applies in relation to persons to whom section 1 of that Act applies ”. 13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Registration Act 1936 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation (Various Services) Act 1938 17 In the Schedule to the Superannuation (Various Services) Act 1938, in Part I, for the words from “The Merchant Shipping Act” to “1898” substitute “ The Merchant Shipping (Mercantile Marine Fund) Act 1989, section 1A, as inserted by section 17 of the Superannuation Act 1972 ”. Scottish Land Court Act 1938 18 In section 1(2) of the Scottish Land Court Act 1938 for “The Superannuation Acts 1834 to 1935” substitute “ The principal cicil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force ” and for “those Acts apply to persons in the permanent” substitute “ that scheme applies to persons employed in the ”. Local Government (Scotland) Act 1947 19 In section 96 of the Local Government (Scotland) Act 1947 for “the Local Government Superannuation (Scotland) Act, 1937 or any other” substitute “ any regulations made under section 7 of the Superannuation Act 1972 or any ” and for “Act of 1937 or such other” substitute “ regulations, ”. 20 In section 260(2) of the said Act of 1947 for “the Local Government Superannuation (Scotland) Act 1937” substitute “ any regulations made under section 7 of the Superannuation Act 1972 ” and for “that Act” substitute “ those regulations ”. Church Commissioners Measure 1947 21 For paragraph (b) of the proviso to section 17(1) of the Church Commissioners Measure 1947 substitute— (b) the superannuation benefits to be granted to or in respect of him on his retirement or death not to be less than those which might have been awarded had the provisions of the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and then in force applied to him, and the Commissioners shall have the like power to permit the allocation of such benefits to the spouse or dependents of such an officer as they would have had by virtue of section 1 of the Superannuation (Various Services) Act 1938 had not that section been repealed. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Pensions Act 1948 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Act 1948 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation (Miscellaneous Provisions) Act 1948 25 In section 2 of the Superannuation (Miscellaneous Provisions) Act 1948— (a) in subsection (1), proviso (ii) after “(c)” insert “ (cc) ” ; (b) for subsection (2)(a) substitute— (c) employment by virtue of which the person employed is or is deemed to be, or, but for any rules made under this section, would be or would deemed to be, a contributory employee or local Act contributor within the meaning of regulations made under section 7 of the said Act of 1972 in its application to England and Wales ; (cc) employment by virtue of which the person employed is, or is deemed to be, but for any rules made under this section, would be or deemed to be a contibutory employee or local Act contributor within the meaning of regulations made under the said section 7 in its application to Scotland (d) for subsection (2)(e) substitute— (e) employment by virute of which the person employed is entitled to participate in superannuation benefits provided under regulations made under section 9 of the said Act of 1972 in its application to England and Wales; (e) for subsection (2)(ee) substitute— (ee) employment by virtue of which the person is entitled to participate in superannuation benefits provided under regulations made under the said section 9 in its application to Scotland; (f) in subsection (3)(iii) for “or” substitute “ and in relation to the class specified in paragraph (cc) thereof ” ; (g) in subsection (4)(e) after “(c)” insert “ paragraph (cc) ”. 26 In section 17(1) of the said Act of 1948— (a) immediatley before the definition of “pension” insert “ “local Act scheme” has the same meaning as in section 8 of the Superannuation Act 1972 ”; and (b) in the definition of “pension fund”, for the words from “the Metropolitan” onwards substitute “ in relation to schemes made under section 1 of the Superannuation Act 1972 and regulations made under section 9 thereof, the Consolidated Fund ”. National Health Service (Amendment) Act 1949 27 In section 18 of the National Health (Amendment) Act 1949, in subsection (1), for “subsection (1) of section sixty-seven of the Act of 1946” substitute “ section 10 of the Superannuation Act 1972 ” and in subsection (5) omit the words from “and for” to the end. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 For section 35 of the said Act of 1951 substitute— 35 The principal civil service scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall have effect as if employment as such an officer as is mentioned in section 30(1) of this Act were employment in the civil service of the State. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 30 In section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 for paragraphs (i) and (ii) substitute— (i) regulations made under section 7 or 10 of the Superannuuation Act 1971 ; or (ii) any local Act scheme; or 31 In section 61(1) of the said Act of 1951 for paragraphs (b) and (c) substitute— (b) any regulations made under section 7 or 10 of the Superannuation Act 1972 (which relate respectively to the superannuation of local government officers etc. and national health service officers); (c) any local Act scheme ; 32 In section 64 of the said Act of 1951 for the definitions of “local authority” and “local Act scheme” substitute— “ “local authority” has the same meaning as in paragraph 6(1) of Schedule 3 to the Pensions (Increase) Act 1971 and any reference in this Act to a local authority shall apply also to the bodies mentioned in paragraph 6(2) of that Schedule; “local Act scheme” means the superannuation scheme administered by a local authority maintaining a superannuation fund under a local Act; ” 33 In Schedule 2 to the said Act of 1951, in Part I, for paragraph 8 substitute— 8 Capacity | Paying Authority Registration officer within the meaning of regulations made under section 7 of the Superannuation Act 1972. | The local authority in whose employment he is or is deemed for the purposes of those regulations to be. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Covent Garden Market Act 1961 39 In Schedule 1 to the Covent Garden Market Act 1961, in paragraph 8(2)(b), for “pensions” substitute “ pensions, allowances or gratuities ”. Trustee Investments Act 1961 40 In section 11(4)(c) of the Trustee Investments Act 1961 for the words from “a combination scheme” to the end substitute “ those authorities acting in combination in accordance with regulations made under section 7 of the Superannuation Act 1972 ”. Transport Act 1962 41 In Schedule 10 to the Transport Act 1962 in paragraph 8, omit the words in sub-paragraph (1) from “(including” to “retirement)” and after the said sub-pargaraph (1) insert— (1A) There shall be apid to or in respect of the clerk, officers and servants of the tribunal such pensions, allowances or gratuities as the Secretary of State, with the approval of the Minister for the Civil Service, may determine, and those pensions, allowances or gratuities shall be the same as could be paid to or in respect of those persons if they were persons to whom section 1 of the Superannuation Act 1972 applies, and the principal civil service pension scheme within the meaning of section 2 of the said Act of 1972 .... shall apply accordingly with any necessary adaptations. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water Resources Act 1963 43 In section 97 of the Water Resources Act 1963— (a) in subsection (2), for the words from “and section 35” to the end substitute “ and any question as to the existance or extent of any such customary obligations shall be determined by the Secretary of State whose decision shall be final : ” Provided that the Secretary of State may at any time before the question isdetermined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings (b) in subsection (3), for the words from “and section 35” to the end substitute “ and any question arising under this subsection shall be deterrmined as if it were such a question as is mentioned in subsection (2) of this section ” ; and (c) in subsection (8), for “(1) to (7)”, wherever occurring, substitute “ (2) to (7) ”. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Act 1964 46 In Schedule 4 to the Police Act 1964, in paragraph 5(6), for the words from “and section 35” to the end substitute and any question arising under this sub-paragraph shall be determined by the Secretary of State whose decision shall be final : Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the from of a special case for the opinion of the High Court any question of law arising in those proceedings 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Libraries and Museums Act 1964 48 In Schedule 1 to the Public Libraries and Museums Act 1964, in paragraph 3, for the words from “and section 35” to the end substitute and any question arising under this paragraph shall be determined by the Secretary of State whose decision shall be final : Provided that the Secretary of State may at any time before the question is determined, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the High Court any question of law arising in those proceedings 49.—50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration of Births, Deaths and Marriages (Scotland) Act 1965 51 In section 7(7) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 for “section 7 of the Local Government Superannuation (Scotland) Act 1937” substitute “ regulations under section 7 of the Superannuation Act 1972 ”. National Insurance Act 1965 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Redundancy Payments Act 1965 54.—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation Act 1965 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. 57 In section 42(1) of the said Act of 1965 for “this Act specified in subsection (3) of this section” 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 ”. 58 In section 95 of the said Act of 1965— (a) in subsection (1) for the words from “regulations” to “warrant” substitute “ or orders ” ; (b) in subsection (2) for the words from “regulations or” to “said section 93” substitute “ an order made under this Act ”. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 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. ” 94, 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .