The British Transport (Pensions of Employees) (No. 1) Order 1969

PART IVTRANSFER OF RIGHTS AND LIABILITIES OF LONDON BOARD

Transfer of property, rights and liabilities

12.—(1) The rights, liabilities and functions of the London Board relating to, and any property held by that Board on trust for, the established schemes which are specified in Parts 1 and 2 of the Schedule to this Order shall be respectively transferred to the Executive and the designated company.

(2) The rights, liabilities and functions of the London Board (including any property held on trust by that Board) relating to the London Borough of Newham Superannuation Fund (so far as regards persons who were formerly members of the West Ham Corporation Superannuation Fund) or to the Railway Clearing System Superannuation Fund Scheme which were transferred to the London Board by the No. 3 Order of 1962 shall be transferred to the Executive or the designated company according as those rights, liabilities, functions and property relate to persons (whether present members, or past members of, or beneficiaries under, the pension scheme in question) for whom the Executive or the designated company (as the case may be) is, or becomes, the employing body on the 1st January 1970.

(3) Any rights, liabilities and functions of the London Board relating to pensions or pension schemes, which are not transferred under the foregoing provisions of this Article or under Article 13 of this Order, shall be transferred to the Executive.

Transfer of certain liabilities

13.—(1) The liabilities of the London Board to make payments or contributions to some other national transport authority under any of the provisions mentioned in paragraph (2) of this Article shall be transferred to the Executive or the designated company according as those liabilities relate to persons (whether present members or past members of, or beneficiaries under, a pension scheme) for whom the Executive or the designated company (as the case may be) is, or becomes, the employing body on the 1st January 1970.

(2) The provisions referred to in paragraph (1) of this Article are the provisions of—

(a)Article 5 of the No. 1 Order of 1962,

(b) Articles 13 and 14 of the No. 3 Order of 1962,

(c)Article 10 of the No. 4 Order of 1962,

(d) Articles 7 and 8 of the No. 1 Order of 1964.

General provisions as to transfers

14.—(1) All the transfers of rights, liabilities, functions and property of the London Board provided for in this Part of this Order shall take place on the 1st January 1970 and shall be transfers subject to the provisions of this Order, and the rights, liabilities, functions and property hereby transferred shall by virtue of this Order vest on that date in the bodies to which they are respectively transferred.

(2) The provisions of paragraphs 8 to 13 of Schedule 2 to the Act of 1969 (so far as relevant) shall apply in relation to the transfers provided for in this Part of this Order but subject to the following modifications, that is to say,

(a)the word “agreement” in those paragraphs shall include any trust deed, rules or other instrument relating to an established scheme,

(b)the references to property, rights or liabilities in those paragraphs shall include references to functions,

(c)nothing in those paragraphs shall, in relation to the cases mentioned in paragraph (2) of Article 6 to this Order, have the effect of applying the No. 1 Order of 1964 to the Executive as if it were the London Board.

(3) Without prejudice to the foregoing provisions of this Article, the following provisions shall have effect in relation to the Railway Clearing System Superannuation Fund Scheme on and after the 1st January 1970:—

(a)the Executive and the designated company shall be regarded as Assenting Contributing Bodies within the meaning of, and for all the purposes of, that scheme, and

(b)the Executive and the designated company shall respectively be regarded for the purposes of that scheme as the employer of every present member thereof for whom a subsidiary of the Executive or of that company (as the case may be) becomes, or is, the employing body at any time after the 1st January 1970.

(4) Nothing in this Part of this Order shall affect the tenure of office of any person appointed or nominated by the London Board before the 1st January 1970 in the exercise of any power conferred on that Board by any term of any established scheme or otherwise exercisable by that Board in relation to an established scheme.