Superannuation (Miscellaneous Provisions) Act 1967

6Modifications of superannuation provisions of National Health Service Acts.

(1)The provisions of subsections (2) and (3) of this section shall have effect with respect to regulations under section 67(1) of the [1946 c. 18.] National Health Service Act 1946 (which relates to the provision of superannuation benefits).

(2)Where on the death of any person any sum not exceeding £500 is due to or in respect of that person under the regulations, the Minister of Health (hereafter in this section referred to as " the Minister") may dispense with proof of the title of the personal representatives of that person and pay that sum to the person, or to or among any one or more of any persons, appearing to the Minister on such evidence as he deems satisfactory to be entitled by law to a beneficial interest therein, or in the case of the illegitimacy of the deceased person or his children to or among such persons as the Minister may think fit, and any person to whom such a payment is made, and not the Minister, shall thereafter be liable to account for any amount so paid; and this subsection shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the [1965 c. 32.] Administration of Estates (Small Payments) Act 1965 substituting for references to £500 references to such higher amount as may be specified in the order.

(3)Where under the regulations any question is referred to the Minister for determination, then, at any stage of the proceedings on that reference, the Minister may (and if so directed by the High Court shall) state in the form of a special case for determination by the High Court any question of law arising in those proceedings; and where such a case is so stated an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal.

(4)Section 18(2) of the [1949 c. 93.] National Health Service (Amendment) Act 1949 (which provides that the terms and conditions on which officers of certain hospitals may be admitted to participate in the superannuation benefits provided under such regulations as are mentioned in subsection (1) of this section shall be designed to secure that the aggregate payments made by the governing body of the hospital and by the officers are equivalent to the sums paid out of moneys provided by Parliament in respect of the superannuation benefits provided for the officers) is hereby repealed.

(5)The foregoing provisions of this section shall apply to Scotland with the substitution—

(a)for the reference in subsection (1) to section 67(1) of the said Act of 1946 of a reference to section 66(1) of the [1947 c. 27.] National Health Service (Scotland) Act 1947; and

(b)for any reference in subsection (2) to the Minister of a reference to the Secretary of State,

and as if for subsection (3) there were substituted the following:—

“(3)Where under the regulations any question is referred to the Secretary of State for determination, then, at any stage of the proceedings on that reference, the Secretary of State may (and if so directed by the Court of Session shall) state a case for the opinion of that Court on any question of law arising in the proceedings; and, subject to any rules of court, the Secretary of State shall be entitled to appear and be heard when the case is being considered by the Court.”