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Pensions (Increase) Act 1974

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4 Interpretation etc. U.K.

(1)In this Act—

  • “the Act of 1971” means the M1Pensions (Increase) Act 1971;

  • “prescribed” means prescribed by regulations;

  • “regulations” means regulations made by the Minister for the Civil Service or made with the consent of the said Minister by the Lord Chancellor [F1the Secretary of State F2]; and

  • “the relevant date”, in relation to a pension, means—

    (a)

    such date as may be specified in regulations as that on which, in the opinion of the Minister making the regulations, the emoluments relevant for the purpose of calculating the 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 M2Counter-Inflation Act 1973 at the time of the increase; or

    (b)

    if on 7th November 1974 no date is specified in respect of the pension in pursuance of the preceding paragraph, 6th November 1974;

    and other expressions used in this Act and the Act of 1971 have the same meanings in this Act as in that Act except that references to a pension in this Act do not include payments other than periodical payments.

(2)A pension as to which it is provided in pursuance of section 5(2) of the Act of 1971 that that Act shall have effect as if the pension were specified in a particular Part of Schedule 2 to that Act shall be deemed for the purposes of this Act to be specified in that Part of that Schedule.

(3)Any power to make regulations conferred by this Act—

(a)includes power to make different provision for different circumstances and to provide for the regulations to have effect from a date before the making of the regulations (whether before or after the passing of this Act); and

(b)shall be exercisable by statutory instrument;

and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1Words substituted by S.I. 1974/1264, art. 5(3)

F2Words repealed (21.11.1979) by S.I. 1979/1451, Sch. 3

Modifications etc. (not altering text)

C1S. 4 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)

Marginal Citations

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