Statutory Instruments
PENSIONS
Made
29th October 1974
Laid before Parliament
31st October 1974
Coming into Operation
6th November 1974
The Secretary of State for the Environment, in exercise of the powers conferred upon him by sections 1(1) and (2) and 4(1) and (3)(a) of the Pensions (Increase) Act 1974 and of all other powers enabling him in that behalf, with the consent of the Minister for the Civil Service, hereby makes the following regulations:-
1. These regulations may be cited as the Pensions Increase (Local Authorities' etc. Prescribed Pensions) Regulations 1974 and shall come into operation on 6th November 1974.
2.-(1) In these regulations "the Act of 1974" means
(2) In these regulations, unless the context otherwise requires, references to any enactment or instrument shall be construed as references thereto as amended by any other enactment or instrument.
(3) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
3. There are hereby prescribed for the purposes of section 1(1) of the Act of 1974 the pensions specified in Schedule 1 to these regulations ("prescribed pensions").
4. A prescribed pension payable in respect of service ending with a category of employment or service specified in column (1) of Part I of Schedule 2 to these regulations is specified as a pension as respects which, in the opinion of the Secretary of State, increases in the emoluments relevant for the purpose of calculating the pension were deferred during the period beginning with 6th November 1972 and ending with 31st March 1973 in consequence of the provisions of the Counter-Inflation (Temporary Provisions) Act 1972.
5. The date on which, in the opinion of the Secretary of State, the emoluments relevant for the purpose of calculating a prescribed pension payable in respect of service ending with a category of employment or service specified in column (1) of Part I or Part II, as the case may be, of Schedule 2 to these regulations were, or are expected to be, increased by the principal pay increase made or expected to be made, during the year ending with 6th November 1974, in accordance with the code in force under section 2 of the Counter-Inflation Act 1973 at the time of the increase, is the date specified in relation to that category of employment or service in column (2) of that Schedule.
6. Any increase of pension payable by virtue of these regulations shall have effect in respect of any period beginning on or after 1st December 1973.
Anthony Crosland
Secretary of State for the Environment
29th October 1974
Consent of the Minister for the Civil Service given under his Official Seal on 29th October 1974.
L.S.
W.G. Bristow
Authorised by the Minister for the Civil Service
Regulation 3
1. A pension payable by a local authority in England or Wales out of a superannuation fund established and administered under Part B of the Local Government Superannuation Regulations 1974(1).
2. A pension payable by the Common Council of the City of London out of the superannuation fund established under the City of London (Various Powers) Act 1931.
3. A pension payable by a local authority in England or Wales under the Local Government (Retirement of Chief Officers) Regulations 1973(2).
4. A pension payable by a local authority in England or Wales by way of such compensation as is mentioned in section 8(1)(b) or (c) of the Pensions (Increase) Act 1971, other than a pension payable under section 259 of the Local Government Act 1972 to or in respect of a regular fireman within the meaning of the Firemen's Pension Scheme 1973 (set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(3)).
5. A pension payable by the National Water Council, or by a water authority within the meaning of the Water Act 1973, under any enactment or instrument made under any enactment.
6. A pension payable under the Local Government (Compensation) Regulations 1974(4) by such an association as is described in paragraph 4(ii) in column 1 of Schedule 2 to those regulations or, where the association ceased to exist, by the body succeeding to the property and liabilities of that association.
Regulations 4 and 5
(1) | (2) |
---|---|
Category of employment or service | Relevant date |
1. Employment by the Inner London Education Authority as a schoolkeeper, deputy schoolkeeper or assistant schoolkeeper. | 7th November 1973. |
2. Employment on terms negotiable by the National Joint Industrial Council for the Waterworks Undertakings Industry. | 2nd December 1973. |
3. Employment on terms negotiable by the National Joint Industrial Council for the Water Service. | 2nd December 1973. |
4. Employment in which any pay increase normally takes effect on 1st January in any year. | 1st January 1974. |
5. Local government service, being service the minimum rates of wages for which may be fixed by the Agricultural Wages Board for England and Wales. | 22nd January 1974. |
(1) | (2) |
---|---|
Category of employment | Relevant date |
1. Employment in which any pay increase normally takes effect on 7th November in any year, other than that specified in paragraph 1 in column (1) of Part I of this Schedule. | 7th November 1973. |
2. Employment in which any pay increase normally takes effect on 1st April in any year. | 1st April 1974. |
3. Employment in which any pay increase normally takes effect on 1st July in any year. | 1st July 1974. |
4. Employment on terms negotiable by the National Joint Committee for the Water Industry (Non-Manual Staffs). | 1st August 1974. |
5. Employment on terms negotiable by the National Joint Council for the Water Service Staff. | 1st August 1974. |
6. Employment on terms negotiable by the Whitley Councils for the Health Services (Great Britain) Medical and (Hospital) Dental Council Committee C. | 1st October 1974. |
7. Employment on terms negotiable by the Whitley Councils for the Health Services (Great Britain) Dental Whitley Council (Local Authorities). | 1st October 1974 |
8. Employment by the Inner London Education Authority as a laboratory or workshop technician. | 1st October 1974. |
These Regulations, which apply to England and Wales, enable the local authorities', National Water Council's and other pensions described in Schedule 1 to be increased under section 1 of the Pensions (Increase) Act 1974, which provides for increases in official pensions affected by the Counter-Inflation (Temporary Provisions) Act 1972 and the Counter-Inflation Act 1973.
Under the powers in section 4(3)(a) of the Act of 1974, the Regulations provide for increases payable by virtue of the Regulations to take effect from 1st December 1973.
(1974 I, p. 1986).
(1973 II, p. 3733).
(1973 II, p. 2906).
(1974 I, p. 1563).