SCHEDULES

Section 1.

SCHEDULE 1E+W+S Optical Appliances

Part IE+W Amendments of National Health Service Act 1977

1E+WIn section 39 of the M1National Health Service Act 1977 (regulations as to arrangements for general ophthalmic services)—

(a)in paragraph (a), for the words “ophthalmic opticians and dispensing” there shall be substituted the words “ and ophthalmic ”;

(b)in paragraph (b), for the words “ophthalmic optician or dispensing” there shall be substituted the words “ or ophthalmic ”; and

(c)in paragraph (d), for the words “ophthalmic opticians or dispensing” there shall be substituted the words “ or ophthalmic ”.

2E+WIn sub-paragraph (1) of paragraph 2 of Schedule 12 to that Act (regulations for the making and recovery of charges), the following entry shall be substituted for the words from “ Glasses ” to “ cost ”, in the first place where it occurs—

3E+WThe following paragraph shall be inserted after that paragraph—

“2A(1)It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by any authority established under this Act to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—

(a)for a child;

(b)for a person whose resources fall to be treated under the regulations as being less than his requirements; or

(c)for a person of such other description as may be prescribed.

(2) In sub-paragraph (1) above "child" means-

(a)a person who is under the age of 16 years; or

(b)a person who is under the age of 19 years and receiving qualifying full-time education.

(3)Regulations under this paragraph may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—

(a)by reference—

(i)to any enactment; or

(ii)to the person’s being or having been entitled to payments under any enactment,

either as it has effect at the time when the regulations are made or as amended subsequently; or

(b)by reference to a scale or an index or to any other data either in the form current when the regulations are made or in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

(4)If regulations under this paragraph provide for payments to be made by an authority established under this Act, it shall be the duty of the Secretary of State to pay to the authority, in respect of each financial year, the sum attributable to the authority’s disbursements under the regulations.

(5)Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.”.

Part IIS Amendments of National Health Service (Scotland) Act 1978

1SIn subsection (1) of section 26 (general ophthalmic services) of the M2National Health Service (Scotland) Act 1978, for the words “with ophthalmic opticians and with dispensing opticians” there shall be substituted the words “ and with ophthalmic opticians ”.

2SIn subsection (2)(a) of the said section, for the words “, ophthalmic optician’s and dispensing optician’s” there shall be substituted the words “ and ophthalmic opticians ”.

3SIn subsection (2)(b), for the words “any ophthalmic optician or any dispensing optician” there shall be substituted the words “ or any ophthalmic optician ”.

4SIn subsection (2)(d)—

(a)for the words “ophthalmic opticians or dispensing opticians” there shall be substituted the words “ or ophthalmic opticians ”; and

(b)for the words “ophthalmic optician or dispensing optician” there shall be substituted the words “ or ophthalmic optician ”.

5SIn sub-paragraph (1) of paragraph 2 of Schedule 11 to that Act (charges for dental or optical appliances) the following entry shall be substituted for the words from “ Glasses ” to the end—

6SIn paragraph 2 of Schedule 11, in sub-paragraph (7), for the words from the beginning to “testing” there shall be substituted—

“(7)In sub-paragraph (4), “the relevant time” means—

(a)in relation to a dental appliance supplied otherwise than under Part II, the time of the examination leading to the supply of the appliance, or the first such examination;”.

7SThe following paragraph shall be inserted after that paragraph—

“2A(1)It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by a Health Board to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act—

(a)for a child;

(b)for a person whose resources fall to be treated under the regulations as being less than his requirements; or

(c)for a person of such other description as may be prescribed.

(2)In sub-paragraph (1) above “child” means—

(a)a person who is under the age of 16 years; or

(b)a person who is under the age of 19 years and receiving qualifying full-time education.

(3)Regulations under this paragraph may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, may direct that they shall be calculated—

(a)by reference—

(i)to any enactment; or

(ii)to the person’s being or having been entitled to payments under any enactment,

either as it has effect at the time when the regulations are made or as amended subsequently; or

(b)by reference to a scale or an index or to any other data either in the form current when the regulations are made or in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

(4)If regulations under this paragraph provide for payments to be made by a Health Board, it shall be the duty of the Secretary of State to pay to the Board, in respect of each financial year, the sum attributable to the Board’s disbursements under the regulations.

(5)Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.”.

SCHEDULE 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

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Section 5.

SCHEDULE 3E+W Family Practitioner Committees

1E+WThe M3National Health Service Act 1977 shall have effect subject to the following amendments.

2The following section shall be substituted for section 17—

“17 Directions as to exercise of functions.

“17(1)The Secretary of State may give directions with respect to the exercise of any functions exercisable by virtue of sections 13 to 16 above; and, subject to any directions given by the Secretary of State by virtue of this section, a Regional Health Authority may give directions with respect to the exercise by a District Health Authority of which the district is included in its region, of any functions exercisable by the District Health Authority by virtue of section 14 above.

(2)It shall be the duty of a body to whom directions are given under subsection (1) above to comply with the directions.”.

3In section 22 (co-operation between health authorities and local authorities)—

(a)in subsection (1), after the words “health authorities” there shall be inserted the words “, Family Practitioner Committees”;

(b)in subsection (2), for the words from “advise” to “below” there shall be substituted the words “bodies represented on them”;

(c)in the Table at the end of that subsection, the following paragraph shall be inserted in the second column at the end of each of the three two-column entries— “ Any Family Practitioner Committee whose locality is wholly or partly in the District Health Authority’s district. ”; and

(d)in section (4)(b), after the word “Authority”—

(i)in the first place where it occurs, there shall be inserted the words “or a Family Practitioner Committee”; and

(ii)in the second place where it occurs, there shall be added the words “or the locality of the Family Practitioner Committee”.

4The following subsection shall be inserted after subsection (1) of section 30 (applications to provide general medical services)—

“(1A)No medical practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his application for the inclusion of his name in the list kept by any Family Practitioner Committee referred to the Medical Practices Committee unless he satisfies the Family Practitioner Committee that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general medical services in the Committee’s locality; and where a Family Practitioner Committee is not so satisfied with respect to any applicant the Family Practitioner Committee shall not refer his application to the Medical Practices Committee.”.

5(1)Section 36 (regulations as to arrangements for general dental services) shall be re-numbered so as to become section 36(1).E+W

(2)At the end of the resulting subsection (1) there shall be added as subsection (2)—

“(2)No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any Family Practitioner Committee unless he satisfies the Committee that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the Committee’s locality.”.

6In subsection (1) of section 44 (recognition of local representative committees)—

(a)for the words from “area”, in the first place where it occurs, to “Authority”, in the second place where it occurs, there shall be substituted the words “locality of any Family Practitioner Committee”;

(b)the word “locality” shall be substituted for the words “area or district”, in each place where they occur.

7In section 45 (functions of local representative committees)—

(a)in subsection (1), for the words “the area of an Area Health Authority or for the district of a District Health Authority” there shall be substituted the words “a locality”;

(b)in subsection (2)—

(i)for the words “area or district” there shall be substituted the word “locality”; and

(ii)the words “with the Secretary of State’s approval” shall be omitted; and

(c)in subsection (3), the words “with the Secretary of State’s approval” shall be omitted.

8E+WThe following paragraph shall be substituted for paragraph (i) of section 56 (inadequate services)—

“(i)he may authorise the Family Practitioner Committee to make such other arrangements as he may approve, or may himself make such other arrangements, and”.

9In section 97 (means of meeting expenditure of health authorities out of public funds)—

(a)the following paragraph shall be substituted for subsection (1)(b)—

“(b)to each Family Practitioner Committee—

(i)sums not exceeding the amount allotted by him to the Committee for that year towards meeting the expenditure attributable to the performance by the Committee of their functions in that year;

(ii)sums equal to the expenditure by them in that year which is attributable to disbursements to persons providing services in pursuance of Part II of this Act;”;

(b)the following subsection shall be substituted for subsection (3)—

“(3)The Secretary of State may give directions to a Regional Health Authority or Family Practitioner Committee or to a District Health Authority whose district is in Wales with respect to the application of sums paid to them under subsection (1) above.”; and

(c)in subsection (5), after the words “health authority” there shall be inserted the words “or Family Practitioner Committee”.

10The following section shall be inserted after section 97A—

“97B Financial duties of Family Practitioner Committees.

“97B(1)It is the duty of every Family Practitioner Committee, in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of those functions in that year, other than expenditure attributable to disbursements to persons providing services in pursuance of Part II of this Act, in respect of their provision of such services, does not exceed the aggregate of—

(a)the amounts allotted to the Committee for that year under section 97(1) above;

(b)any other sums received by the Committee under this Act in that year; and

(c)any sums received otherwise than under this Act in that year by the Committee for the purpose of enabling the Committee to defray any such expenditure.

(2)The Secretary of State may give such directions to a Family Practitioner Committee as appear to him to be requisite to secure that the Committee comply with the duty imposed on them by subsection (1) above and it shall be the duty of the Committee to comply with the direction.

(3)Directions under subsection (2) above may be specific in character.

(4)The Secretary of State may, by directions, determine—

(a)whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by a Family Practitioner Committee for the purposes of their functions;

(b)whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to a Family Practitioner Committee’s performance of their functions; or

(c)the extent to which and the circumstances in which sums received but not yet spent by a Family Practitioner Committee under section 97(1) above are to be treated for the purposes of this section as part of the expenditure of the Committee attributable to the performance of their functions and to which financial year’s expenditure in the performance of such functions they are to be attributed.”.

11In section 128(1) (interpretation and construction) the following definition shall be substituted for the definition of “health authority”—

• ““health authority” means a Regional or District Health Authority or a special health authority but does not include a Family Practitioner Committee;”.

12E+WFor Part II of Schedule 5 there shall be substituted the following Part—

“Part IIE+W Family Practitioner Committees

6(1)Subject to paragraph 7 below, a Family Practitioner Committee shall consist of a chairman and 30 other members.

(2)The chairman shall be appointed by the Secretary of State.

(3)The other members shall be appointed by the Secretary of State, as follows—

(a)8 shall be appointed from persons nominated by the Local Medical Committee for the locality of the Family Practitioner Committee, and one of them shall be, a medical practitioner having the qualifications prescribed in pursuance of section 38 above;

(b)3 shall be appointed from persons nominated by the Local Dental Committee for that locality;

(c)2 shall be appointed from persons nominated by the Local Pharmaceutical Committee for that locality;

(d)1 shall be an ophthalmic optician appointed from persons nominated by such members of the Local Optical Committee for that locality as are ophthalmic opticians;

(e)1 shall be a dispensing optician appointed from persons nominated by such members of the Local Optical Committee as are dispensing opticians;

(f)4 shall be appointed from persons nominated by local authorities any part of whose area is in the locality of the Family actitioner Committee;

(g)4 shall be appointed from persons nominated by District Health Authorities any part of whose district is in the locality of the Family Practitioner Committee; and

(h)7 shall be appointed after such consultations with such bodies as the Secretary of State considers appropriate.

(4)One member must be a person who—

(a)is registered in the register of qualified nurses, midwives and health visitors—

(i)as a nurse recorded in the register as having an additional qualification in district nursing;

(ii)as a midwife; or

(iii)as a health visitor; and

(b)has recent experience of providing services to patients (other than patients resident in hospital) in any such capacity.

(5)If a nomination required for the purposes of sub-paragraph (3) above is not made before such date as the Secretary of State may determine, he may appoint a member without waiting any longer for the nomination.

(6)No person—

(a)shall be nominated for appointment to a Family Practitioner Committee under sub-paragraph (3)(f) or (g) above or sub-paragraph (5) above; or

(b)shall be appointed to such a Committee under sub-paragraph (3)(f), (g) or (h) above,

if he is—

(i)a medical practitioner;

(ii)a dental practitioner;

(iii) an ophthalmic optician;

(iv)a dispensing optician;

(v)a registered pharmacist; or

(vi)a person conducting a business providing any service for the purposes of Part II of this Act.

(7)If a Local Medical Committee so require, the Secretary of State shall appoint from among medical practitioners having the qualifications prescribed in pursuance of section 38 above and nominated by the Local Medical Committee under sub-paragraph (3)(a) above a medical practitioner to be the deputy of such a practitioner appointed from among persons nominated by them under sub-paragraph (3)(a) above.

(8)If a Local Optical Committee so require, the Secretary of State shall appoint from among ophthalmic opticians nominated by the Committee under sub-paragraph (3)(d) above an ophthalmic optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(d) above.

(9)If a Local Optical Committee so require, the Secretary of State shall appoint from among dispensing opticians nominated by the Committee under sub-paragraph (3)(e) above a dispensing optician to be the deputy of such an optician appointed from among persons nominated by them under sub-paragraph (3)(e) above.

(10)A deputy may, while the member for whom he is deputy is absent from any meeting of the relevant Family Practitioner Committee, act as a member of that Committee in the place of the absent member.

(11)The Committee shall appoint one of their members to be vice-chairman.

7(1)If it appears to the Secretary of State that, by reason of special circumstances affecting a locality, it is appropriate that the Family Practitioner Committee for that locality should not be in accordance with paragraph 6 above, he may by order provide that that paragraph shall apply in relation to the Committee for that locality with such modifications as are specified in the order.

(2)Subject to sub-paragraph (3) below, it is the Secretary of State’s duty, before he makes an order under sub-paragraph (1) above, to consult the Family Practitioner Committee for the locality and any District Health Authority any part of whose district is in the locality of the Family Practitioner Committee with respect to the order.

(3)It shall also be his duty, in making any such order, to have regard to the desirability of maintaining, so far as practicable, the same numerical proportion as between members falling to be appointed in pursuance of paragraph 6 above as there would be if no modification were made.

7A(1)Any member of a Family Practitioner Committee appointed by virtue of paragraph 6(3)(e) above shall cease to be a member of the Committee on the day on which the repeal of that paragraph by section 24 of the Health and Social Security Act 1984 comes into force.

(2)The following paragraph shall be substituted on that day for paragraph 6(3)(e) above—

(e)1 shall be appointed from persons nominated—

(i)by the Local Medical Committee for the locality of the Family Practitioner Committee;

(ii)by the Local Dental Committee for that locality;

(iii)by the Local Pharmaceutical Committee for that locality; or

(iv)by the Local Optical Committee for that locality;”

13In paragraph 9 of Schedule 5 (pay and allowances of chairmen of certain authorities)—

(a)in sub-paragraph (1) the words “other than a Family Practitioner Committee” shall cease to have effect; and

(b)in sub-paragraphs (2) and (3) the words “other than such a Committee” shall cease to have effect.

41.

14In paragraph 10(1) of that Schedule (employment of officers by certain authorities) (as amended by paragraph 3(1) of Schedule 6 to the M4Health and Social Services and Social Security Adjudications Act 1983) the words “(other than a Family Practitioner Committee)” shall cease to have effect.

15E+WThe following sub-paragraphs shall be substituted for paragraph 2(d) to (g) of Schedule 7 (additional provisions as to Community Health Councils)—

“(d)the consultation of Councils by District Health Authorities or relevant Family Practitioner Committees with respect to such matters, and on such occasions, as may be prescribed;

(e)the furnishing of information to Councils by such Authorities and Committees, and the right of members of Councils to enter and inspect premises controlled by such Authorities;

(f)the consideration by Councils of matters relating to the operation of the health service within their districts, and the giving of advice by Councils to such Authorities and Committees on such matters;

(g)the preparation and publication of reports by Councils on such matters, and the furnishing and publication by such Authorities or Committees of comments on the reports; and”.

16In paragraph 3(d) of that Schedule, for the words “Area or District Health Authority” there shall be substituted the words “District Health Authority or Family Practitioner Committee”.

17The following paragraph shall be added at the end of that Schedule—

“8A Family Practitioner Committee is a relevant Family Practitioner Committee in relation to a Council’s district if any part of the Committee’s locality is in that district, but is only a relevant Committee in relation to that Council to the extent that the Council performs its functions in relation to that part.”.

SCHEDULES 4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

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Section 20.

SCHEDULE 6E+W+S Protection of Pensions

The following provisions shall be inserted after section 41 of the M5Social Security Pensions Act 1975—

“ Protection of pensionsE+W+S

41A Earners’ pensions.

(1)If—

(a)there is an interval between—

(i)the date on which an earner ceases to be in employment which is contracted-out by reference to an occupational pension scheme (“the termination of employment date”); and

(ii)the date on which his guaranteed minimum pension under that scheme commences (“the commencement of payment date”);

(b)the relevant sum exceeds his guaranteed minimum on the day after the termination of employment date; and

(c)on the commencement of payment date or at any time thereafter his guaranteed minimum pension under the scheme exceeds the amount of his guaranteed minimum under it on the day after the termination of employment date,

the weekly rate on the commencement of payment date and at any time thereafter of the pension payable to him under the scheme shall be an amount not less than the aggregate of the following—

(i)the relevant sum;

(ii)the excess mentioned in paragraph (c) above; and

(iii)any amount which is an appropriate addition at that time.

(2)In subsection (1) above “appropriate addition” means—

(a)where a scheme provides that part of an earner’s pension shall accrue after the termination of employment date by reason of employment after that date, an amount equal to the part which has so accrued; and

(b)where a scheme provides that an earner’s pension which has accrued before that date shall be enhanced after it if payment of the pension is postponed, the amount by which the excess of the pension on the day after the termination of employment date over the earner’s guaranteed minimum on the day after the termination of employment date has been enhanced by reason of the postponement.

(3)Subject to subsections (6) to (8) below, in this section “the relevant sum” means—

(a)if the earner reaches normal pension age on or before the termination of employment date, an amount equal to the weekly rate of his pension on the day after the termination of employment date; and

(b)if he reaches normal pension age after the termination of employment date, an amount equal to the weekly rate of—

(i)any short service benefit which has accrued to him on the termination of employment date; or

(ii)where no short service benefit has then accrued to him, any other benefit to which this paragraph applies and which has then accrued to him.

(4)The benefit other than short service benefit to which sub-section (3)(b) above applies is benefit—

(a)which would have been provided as either the whole or part of the earner’s short service benefit; or

(b)of which the earner’s short service benefit would have formed part,

if paragraph 6(1) of Schedule 16 to the Social Security Act 1973 had effect with the substitution—

(i)in paragraph (a), of a reference to the earner’s age on the termination of employment date (as defined in subsection (1)(a)(i) above) for the reference to the age of 26; and

(ii)in paragraph (b), of a reference to the service which the earner had on that date for the reference to 5 years’ qualifying service.

(5)Any such benefit is only to be included in the relevant sum to the extent that it does not exceed the amount which the scheme would have had to provide as short service benefit if paragraph 6(1) of Schedule 16 to the Social Security Act 1973 had effect as mentioned in subsection (4) above.

(6)To the extent that amounts attributable to transfer credits have accrued by reason of any transfer before the commencement of this section they are to be disregarded for the purposes of subsection (1)(c) and (ii) above.

(7)If any part of the earner’s pension is postponed beyond the termination of employment date, the relevant sum is an amount equal to what would have been the weekly rate of his pension on the day after the termination of employment date if there had been no such postponement.

(8)If—

(a)an earner’s employment ceases to be contracted-out by reference to an occupational pension scheme but the scheme continues to apply to it; or

(b)an earner transfers from employment which is contracted-out by reference to an occupational pension scheme to employment to which the scheme applies but which is not contracted-out by reference to it,

the amount of any short service or other benefit which has accrued to the earner shall be computed for the purposes of subsection (3)(b) above as it would be computed if he had ceased on the termination of employment date to be in employment to which the scheme applies.

(9)An earner shall be treated for the purposes of this section as if benefit under a scheme had accrued to him—

(a)if—

(i)one of the events mentioned in subsection (8) above occurs before he has attained the age at which, if he had attained it, that benefit would have accrued to him; and

(ii)he continues to be in employment to which the scheme applies until he attains that age; or

(b)if—

(i)one of those events occurs before he has a particular period of service; and

(ii)that benefit would have accrued to him if he had that period; and

(iii)he continues to be in employment to which the scheme applies until he has it.

(10)Nothing in this section shall be construed as entitling an earner who has not reached normal pension age to any portion of a pension under a scheme to which he would not otherwise be entitled.

(11)In this section, “short service benefit” is to be construed in accordance with Schedule 16 to the Social Security Act 1973.

41B Widows’ pensions.

(1)If—

(a)there is an interval between the earner’s termination of employment date and whichever of the following is the earlier—

(i)the date of his death;

(ii)his commencement of payment date; and

(b)the relevant sum exceeds one half of the earner’s guaranteed minimum on the day after the termination of employment date; and

(c)at any time when a pension under the occupational pension scheme is required to be paid to his widow her guaranteed minimum pension under the scheme exceeds one half of his guaranteed minimum on the day after the termination of employment date,

the weekly rate of the pension to be paid to her at that time shall be an amount not less than the aggregate of the following—

(i)the relevant sum;

(ii)the excess mentioned in paragraph (c) above; and

(iii)any amount which is an appropriate addition at that time.

(2)In subsection (1) above “appropriate addition” means—

(a)where a scheme provides that part of a widow’s pension shall accrue after the termination of employment date by reason of the earner’s employment after that date, an amount equal to the part which has so accrued; and

(b)where a scheme provides that a widow’s pension which has accrued before that date shall be enhanced after it if payment of the earner’s pension is postponed, the amount by which the excess of the widow’s pension on the day after the termination of employment date over one half of the earner’s guaranteed minimum on the day after the termination of employment date has been enhanced by reason of the postponement.

(3)Subject to subsection (5) below, in this section “the relevant sum” means an amount equal to the weekly rate at which, on the assumption specified in subsection (4) below, a pension would have commenced to be paid to the widow if she had satisfied the conditions for entitlement to a pension which are specified in the scheme.

(4)The assumption mentioned in subsection (3) above is that the earner died on the day after the termination of employment date, and no other assumption which is contrary to the facts is to be made for the purpose of calculating the relevant sum in a particular case.

(5)To the extent that amounts attributable to transfer credits have accrued by reason of any transfer before the commencement of this section they are to be disregarded for the purposes of subsection (1)(c) and (ii) above.

41C Provisions supplementary to sections 41A and 41B.

(1)Subject to subsection (2) below, sections 41A and 41B above override any provision of a scheme to the extent that it conflicts with them.

(2)Sections 41A and 41B above do not override a protected provision of a scheme.

(3)In subsection (2) above “protected provision” means—

(a)any provision contained in a scheme by virtue of—

(i)paragraph 9(2), 15(2), (3) or (4), 16(2), (3) or (4), 17(2) or 18 of Schedule 16 to the Social Security Act 1973; or

(ii)section 36(7), (8) or (9) or 39 above; and

(b)any provision of a scheme to the extent that it deals with priorities on a winding-up; and

(c)any provision of a scheme which is included in it for the purpose of effecting a transfer of rights or liabilities authorised by regulations under section 38(1) above.

(4)In making any calculation for the purposes of section 41A or 41B above—

(a)any commutation, forfeiture or surrender of the whole or part of a pension;

(b)any charge or lien on the whole or part of a pension; and

(c)any set-off against the whole or part of a pension,

shall be disregarded.

(5)Any reference in section 41A or 41B above to the weekly rate of a pension is to be construed, in relation to a pension payable otherwise than weekly, as a reference to the weekly sum which would be payable in respect of a pension of that amount payable weekly.

(6)Sections 41A and 41B above do not apply to a pension to which an earner or his widow is entitled in respect of employment if before the commencement of this section—

(a)he left the employment, or left it for the last time; or

(b)the employment ceased, or ceased for the last time, to be contracted-out in relation to him.

(7)The Secretary of State may by regulations direct that sections 41A and 41B above and this section shall have effect, in such cases as he may specify in the regulations, subject to such modifications as he may there specify.

(8)In subsection (7) above “modification” includes, without prejudice to the generality of that subsection, addition, omission and amendment.

41D Advice of Occupational Pensions Board on questions whether section 41A or 41B overrides provisions of schemes.

The Occupational Pensions Board may at any time, and shall if requested by the trustees or managers of an occupational pension scheme, advise on any question whether or not any provision of section 41A or 41B above (including, without prejudice to section 20(2) of the Interpretation Act 1978, any such provision as modified by regulations under section 41C(7) above) does or does not override any provision of the scheme.

41E Determination of questions whether schemes conform withsections 41A to 41C.

(1)On an application made to them in respect of an occupational pension scheme (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Occupational Pensions Board shall issue a determination on any such question as is mentioned in section 41D above.

(2)The persons competent to make an application under this section in respect of a scheme are—

(a)the trustees or managers of the scheme;

(b)any person other than the trustees or managers who has power to alter any of the rules of the scheme;

(c)any person who is an employer of persons in service in an employment to which the scheme applies;

(d)any member or prospective member of the scheme;

(e)such other persons as regulations may specify, in relation to any category of schemes into which the scheme falls, as being proper persons to make an application for the purposes of this section in respect of a scheme of that category.”.

Section 21.

SCHEDULE 7E+W+S Miscellaneous Social Security Amendments

1, 2.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Social Security Pensions Act 1975 (c. 60)E+W+S

3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

4The following subsection shall be inserted after section 43(2) of that Act—

“(2A)For the purposes of this Act any period of an earner’s service in an employment is linked qualifying service in relation to a later period of service (whether in the same or another employment) if—

(a)under the rules of a scheme applying to him in the earlier period of service there was made a transfer of his accrued rights under that scheme to another scheme applying to him in the later period of service; and

(b)in consequence of that transfer, there are (or were) allowed to him transfer credits under the rules of that other scheme,

except that, for any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was.”.

5In section 66(1) of that Act (interpretation)—

(a)in the definition of “linked qualifying service” for “38(4)” there shall be substituted “43(2A)”; and

(b)the following definition shall be substituted for the definition of “transfer credits”—

• ““transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to a transfer to that scheme of his accrued rights from another scheme.”.

6–8E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)E+W+S

9E+W+SIn Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 (social security adjudications)—

(a)in sub-paragraph (1) of paragraph 31 (transitional regulations) for the words “and this Schedule” there shall be substituted the words “ this Schedule and section 16 of the Health and Social Security Act 1984 ”; and

(b)in sub-paragraph (3), for the words from “and this Schedule”, in the first place where they occur, to the end of the sub-paragraph there shall be substituted the words “ this Schedule and section 16 of the Health and Social Security Act 1984 and before the expiry of the period of six months beginning with their commencement ”.

Section 24.

SCHEDULE 8U.K. Repeals

Part IU.K. Health

Part IIU.K. Social Security