Search Legislation

Pensions (Increase) Act 1971

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Pensions (Increase) Act 1971, SCHEDULE 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Sections 7 and 17.

SCHEDULE 3E+W+S Further Administrative, Incidental and Consequential Provisions

Modifications etc. (not altering text)

C2Sch. 3 continued by S.I. 1990/503, reg. 3(2)(c)

C3Sch. 3 applied (with modifications) (8.1.1993) by S.I. 1992/3229, reg. 2(1)

Sch. 3 modified (29.3.1994) by S. I. 1994/948, reg. 2(1)(2)

Sch. 3 modified (retrospective effect to 1.4.1990) by S.I. 1994/3026, regs. 1(c), 10(2)

Sch. 3 restricted (2.5.1995) by S.I. 1995/1019, reg. L19(1)(b)

Sch. 3 restricted (30.6.1997) by S.I. 1997/1612, reg. 91

Sch. 3 restricted (1.4.1998) by S.I. 1998/366, reg. 90

Liability for cost of increase of certain local authority, police and fire service pensionsE+W+S

1(1)Where a pension to which this paragraph applies is increased under this Act, the cost of the increase shall be defrayed by the pension authority; but where the pension authority are not the last employing authority, the last employing authority shall reimburse to the pension authority that cost or so much of it as is not required by paragraph 2 below to be reimbursed by some other authority or to be borne by the pension authority.E+W+S

(2)For the purposes of this paragraph, “the last employing authority” means, in relation to a pension, the authority to whom the latest services in respect of which the pension is payable were rendered, unless the functions in connection with which they were rendered have been transferred to another authority; and where they have been so transferred, “the last employing authority” means the authority by whom those functions are for the time being exercisable.

(3)Any question who are the last employing authority for the purposes of this paragraph shall, in default of agreement, be determined by the Secretary of State.

(4)Nothing in this paragraph shall affect the operation in relation to increases under this Act of the provisions of section 14 of the M1Police Act 1890 and section 10 of the M2Police Pensions Act 1921 as to the payment of pensions partly out of the police fund and partly out of moneys provided by Parliament.

(5)This paragraph applies to the pensions specified in the following paragraphs of Schedule 2 to this Act, that is to say, paragraphs 39, 44, 45, 47, 48, 49, 51, 53, 54, 56 to 60, 62 [F1,63, 64A and, so far as relating to any pension falling within any of the foregoing paragraphs, 64B][F2and 64C.]

Textual Amendments

Modifications etc. (not altering text)

C6Sch. 3 para. 1(1); so much of sub-paragraph (1) as follows the first reference in that sub-paragraph to the pension authority excluded by S.I. 1986/399,art. 9(7)(a)

C8Sch. 3 para 1(2) excluded (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 15(6) and excluded by SI 1986/399, art 9(7)(b)

C11Sch. 3 Para 1(3) excluded by SI 1986/399, art. 9(7)(b)

Marginal Citations

2(1)Where a pension to which this paragraph applies is increased under this Act, and by virtue of section 7(3) any part of the cost of the increase would, but for paragraph 1 above, be apportioned to a fund not administered by the pension authority, that part of the cost shall be reimbursed to the pension authority; and the cost of reimbursement shall be defrayed and borne as if it were the cost of an increase under this Act on a separate pension payable out of that fund in respect of the employment giving rise to the apportionment to that fund.E+W+S

(2)Where a pension to which this paragraph applies is increased under this Act, and—

(a)the pension is payable partly in respect of service in respect of which another such pension was payable (“the previous service”) and partly in respect of further service rendered after the termination of the previous service; and

(b)different authorities are the last employing authority in relation to the two pensions, but the cost of the final pension does not fall to be apportioned;

then so much of the cost of the increase as is referable to the previous service on an apportionment made according to the length of that service as compared with that of the further service shall be reimbursed to the pension authority by the authority who are the last employing authority in relation to the earlier pension (or, if the pension authority are that authority, shall be borne by the pension authority and shall not be reimbursed in accordance with paragraph 1 above by the last employing authority).

(3)Paragraphs 1(2) and (3) above shall apply for purposes of this paragraph as they apply for purposes of paragraph 1.

(4)This paragraph applies to the same pensions as paragraph 1 above, except that it does not apply to pensions specified in paragraphs 44, 45 and 56 of Schedule 2.

Modifications etc. (not altering text)

Pensions of former civil servants payable by Post OfficeE+W+S

3E+W+SIt shall be the duty of [F3the original holding company] to increase in accordance with this Act any pension which is payable under the [F4principal civil service pension scheme within the meaning of section 2 of the M3Superannuation Act 1972] but in relation to which [F5[F3the original holding company] is] the pension authority by virtue of [F6paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference to]section 44 of the M4Post Office Act 1969; and where under [F7the Post Office Act 1969 or any enactment reproducing its effect] part of a pension so payable is to be paid by [F3the original holding company] and part is not, this Act shall apply as if the two parts were separate pensions.

Textual Amendments

F5Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(b); S.I. 2001/1148, art. 2(2), Sch.

F6Words in Sch. 3 para. 3 inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(c); S.I. 2001/1148, art. 2(2), Sch.

F7Words in Sch. 3 para. 3 substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 12(d); S.I. 2001/1148, art. 2(2), Sch.

Modifications etc. (not altering text)

C13Para. 3 extended by Pensions (Increase) Act 1974 (c. 9), s. 2 (2)

Marginal Citations

[F83AE+W+S In paragraph 3 “ the original holding company ” has the meaning given by section 15 of the Postal Services Act 2011. ]

Textual Amendments

F8 Sch. 3 para. 3A substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 96(3) ; S.I. 2011/2329 , art. 3

Re-employed teachers E+W+S

Modifications etc. (not altering text)

C14The text of Sch 2 Pt. III para. 65, Sch. 3 para. 4, 5, Sch. 7,Sch. 8 Pt.I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4E+W+SAny reference to the Pensions (Increase) Acts 1920 to 1969 (or any of them) which is contained—

(a)in regulation 50 of the M5Teachers’ Superannuation Regulations 1967, as inserted by regulation 13 of the M6Teachers’ Superannuation (Amendment) Regulations 1970 ; or

(b)in regulation 50 of the M7Teachers’ Superannuation (Scotland) Regulations 1969 ;

shall have effect, in relation to any period after 31st August 1971, as a reference to Part I of this Act and, in relation to any period after 30th November 1973, as a reference to the said Part I and the Pensions (Increase) Act 1974 (but without prejudice to the power to vary or revoke those regulations).

Retired staff of former approved schools etc. E+W+S

Modifications etc. (not altering text)

C15The text of Sch 2 Pt. III para. 65, Sch. 3 para. 4, 5, Sch. 7,Sch. 8 Pt.I, II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5E+W+SIn Schedule 3 to the M8Children and Young Persons Act 1969 (which relates to the arrangements to take effect on an institution ceasing under section 46 to be an approved school, remand home, approved probation hostal or approved probation home), for paragraph 1(3) there shall be substituted—

(3)In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.

Marginal Citations

Meaning of “local authority” and “local government service”E+W+S

6(1)For the purposes of this Act “local authority” means—E+W+S

[F9( a)in England and Wales—

[F10[F11(i)a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

[F12(ia)a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]]

[F13(ib )the London Fire Commissioner;]

(ii)a levying body within the meaning of section 74 of [F14the Local Government Finance Act 1988 ]; and

(iii)a body as regards which section 75 of that Act applies; and]]

[F15(b)in Scotland any regional, islands or district council.]

(2)References in this Act to a local authority shall apply also

(a)to any joint board or joint committee established under or by virtue of any Act if all the constituent authorities are local authorities; and

(b) to any other joint committee established by a combination scheme under section 5(1) and (2) of the M9 Local Government and other Officers’ Superannuation Act 1922 or under section 2 of the M10 Local Government Superannuation Act 1937 or the M11 Local Government Superannuation (Scotland) Act 1937 [F16 or in accordance with regulations made under section 7 of the M12 Superannuation Act 1972 ] ; and

(c) in relation to cases where they are the employing authority for purposes of the Local Government Superannuation Act 1937 or the Local Government Superannuation (Scotland) Act 1937 [F17 or for the purposes of regulations made under section 7 of the M13 Superannuation Act 1972 ] , any passenger transport executive [F18 for the purposes of Part II of the M14 Transport Act 1968 ] [F19 and

(d) in Scotland to any water development board within the meaning of the M15 Water (Scotland) Act 1967 and to any river purification board established under the M16 Local Government (Scotland) Act 1973. ]

Textual Amendments

F9 Para. 6(1)(a) substituted by S.I. 1974/595 , art. 3(16)

F10 Sch. 3 paras. 6(1)(a)(i)-(iii) substituted for words (E.W.) by S.I. 1990/776 , arts. 2(2) , 8 , Sch. 3 para. 14

F11 Sch. 3 para. 6(1)(a)(i)(ia) substituted for para. 6(1)(a)(i) (2.11.1992) by Local Government Finance Act 1992 (c. 14) , s. 117(1) , Sch 13 , para. 30 ; S.I. 1992/2454 , art. 2 .

F12 Sch. 3 para. 6(1)(a)(ia) substituted (1.10.2004 for specified purposes except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 36(2); S.I. 2004/2304, art. 2

F13Sch. 3 para. 6(1)(a)(ib) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 34; S.I. 2018/227, reg. 4(c)

F14 Words in Sch. 3 para. 6(1)(a)(ii) substituted (1.10.2004 for specified purposes except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 36(3); S.I. 2004/2304, art. 2

F15 Para. 6(1)(b) substituted by Pensions (Increase) Act 1974 (c. 9) , s. 3(4)(b)

Marginal Citations

M14 1968 c.73 ( 126 ).

7(1)For the purposes of this Act “local government service” means service under any local authority [F20, any county council, town council or district council and any other authority to whom section 270 of the M17Local Government (Scotland) Act 1947 applied] but includes service which by virtue of any enactment mentioned in sub-paragraph (2) below is, for superannuation purposes, treated as service under a local authority.E+W+S

(2)The enactments referred to in sub-paragraph (1) above are—

(a)the following enactments (which relate to war service), that is to say,—

(i)sections 2 and 3 of the M18Local Government (Emergency Provisions) Act 1916;

(ii)section 12(3) of the Local Government Superannuation Act 1937 or of the Local Government Superannuation (Scotland) Act 1937;

(iii)section 3 of the M19Local Government Staffs (War Service) Act 1939; and

(b)section 51(4) (firemen employed in training institutions) of the M20London County Council (General Powers) Act 1949.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources