The Local Government Superannuation (England and Scotland) (Amendment) Regulations 1949 No. 631

The Local Government Superannuation (England and Scotland) (Amendment) Regulations 1949 No. 631

Statutory Instruments

1949 No. 631

PENSION

LOCAL GOVERNMENT SUPERANNUATION

GENERAL

The Local Government Superannuation (England and Scotland) (Amendment) Regulations, 1949

Made

30th March 1949

Laid before Parliament

31st March 1949

Coming into force

1st April 1949

The Minister of Health and the Secretary of State, acting jointly in exercise of the powers conferred on them by section 38 of the Local Government Superannuation Act, 1937, and section 36 of the Local Government Superannuation (Scotland) Act, 1937, and of all other powers enabling them in that behalf, hereby make the following regulations:-

1. These regulations may be cited as the Local Government Superannuation (England and Scotland) (Amendment) Regulations, 1949, and shall come into operation on the first day of April, 1949.

2. The Interpretation Act, 1889, applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

3. Any reference (however expressed) in the Local Government Superannuation (England and Scotland) Regulations, 1948(1), to a period of twelve months from the date on which a person ceases to be employed by a local authority shall be construed in relation to a person to whom section 6 of the Superannuation (Miscellaneous Provisions) Act, 1948, has become applicable as a reference to a period of five years from the date of cessation of employment, or such longer period as may be allowed in any particular case by the Minister of Health or the Secretary of State, as the case may require.

Given under the official seal of the Minister of Health and the seal of the Secretary of State for Scotland this thirtieth day of March, nineteen hundred and forty-nine.

L.S.

Aneurin Bevan

Minister of Health

L.S.

Arthur Woodburn

Secretary of State

EXPLANATORY NOTE

Section 6 of the Superannuation (Miscellaneous Provisions) Act, 1948, enables the Minister of Health to specify any period as a period of emergency, and provides for the preservation for at least five years, instead of the normal twelve months only, of the superannuation rights of pensionable employees of local authorities who lose their employment as a result of the reduction of staffs by local authorities during any specified period of emergency.

The Local Government Superannuation (England and Scotland) Regulations, 1948, provide for interchangeability of service with preservation of prospective superannuation rights between pensionable local government employment in England and pensionable local government employment in Scotland, and vice versa, if the new employment is entered within a period of twelve months after the cessation of the former employment.

These regulations are designed to extend that period by bringing the relevant provisions of the Regulations of 1948 in question into line with the statutory provision which has now been made.

(1)

I, p. 3304.