United Kingdom Legislation

1. This Order may be cited as the Superannuation (Northern Ireland) Order 1972 … Commencement …

2. — (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Parliament of Northern Ireland. (2) In this Order — “ civil service ” means the civil service of Northern Ireland; “ district council ” means a district council established under the Local Government Act (Northern Ireland) 1972

1972 c.9

; “ government department ” means a department of the Government of Northern Ireland; “ local authority F1 ” means —

(a)

before the date of the first coming into office of members of district councils, the council of a county, a county or other borough, or an urban or rural district, a new town commission, the Belfast City and District Water Commissioners or the Northern Ireland Local Government Officers' Superannuation Committee;

(b)

on and after that date but before [ F2 1st October 1973], any authority such as is mentioned in paragraph ( a ) or a district council;

(c)

on and after [ F2 1st October 1973], a district council, a new town commission, or the Northern Ireland Local Government Officers' Superannuation Committee;

“ the Ministry ” means the Ministry of Finance; “ statutory provision ” has the meaning assigned to it by section 1( f ) of the Interpretation Act (Northern Ireland) 1954

1954 c.33

; “ transferred provision ” has the meaning assigned to it by section 1( g ) of the Interpretation Act (Northern Ireland) 1954. (3) References in this Order to a transferred provision include a transferred provision contained in or made under a local or personal Act or an Act confirming a provisional order, and any reference in this Order to any transferred provision includes a reference to that transferred provision as extended or applied by or under any other transferred provision, including such a provision contained in this Order.

3. F3 — (1) The Ministry — [ F4 (1A) Where a money purchase scheme under this Article includes provision enabling a member to elect for the benefits which are to be provided to or in respect of him to be purchased from any authorised provider whom he may specify, then —

(a)

notwithstanding paragraph (1)(a), the scheme may make provision for the making of such an election to have the effect, in such cases as the scheme may specify, of discharging any liability of the Department to pay those benefits to or in respect of that member, but

(b)

the scheme shall not be so framed as to have the effect that benefits under it may only be provided in a manner which discharges that liability of the Department. ]

(2) Before making any scheme under this Article the Ministry shall consult with persons appearing to the Ministry to represent persons likely to be affected by the proposed scheme or with the last-mentioned persons. (3) This Article applies to persons serving —

(a)

in employment in the civil service; or

(b)

in employment of any of the kinds listed in Schedule 1; or

(c)

in an office so listed.

(4) Subject to paragraph (5), the Ministry may by order —

(a)

add any employment to those listed in Schedule 1, being employment by a body or in an institution specified in the order; or

(b)

add any office so specified to the offices so listed; or

(c)

remove any employment or office from the employments or offices so listed.

(5) No employment or office shall be added to those listed in Schedule 1 unless the remuneration of persons serving in that employment or office is paid out of moneys appropriated by a transferred provision or out of the Consolidated Fund. (6) Notwithstanding paragraph (5), the Ministry may by order provide that this Article shall apply to persons serving in employment which is remunerated out of a fund specified in the order, being a fund established by or under a transferred provision. (7) An order under paragraph (4) or (6) —

(a)

may be made so as to have effect as from a date before the making of the order;

(b)

may include transitional and other supplemental provisions; and

(c)

shall be subject to negative resolution.

[ F4 (8) In this article —

[ F5 “ authorised provider ” , in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means —

(a)

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;

(b)

an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in paragraph (8B), (8C) or (8D); or

(c)

an EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be to provide that benefit; ]

“ money purchase scheme ” means a scheme under which all the benefits that may be provided are money purchase benefits, as defined in [ F6 section 176(1) of the Pension Schemes (Northern Ireland) Act 1993 ] . ]

[  F5 (8A) In paragraph (8), the definition of "authorised provider" must be read with —

(a)

section 22 to the Financial Services and Markets Act 2000;

(b)

any relevant order made under that section; and

(c)

Schedule 2 to that Act.

(8B) If the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are —

(a)

that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or C of the Annex to the Investment Services Directive; and

(b)

that firm is authorised by its home state authorisation to carry on that service.

(8C) If the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are —

(a)

that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and

(b)

that the activity in question is one in relation to which an authority in the firm's home State has regulatory functions.

(8D) If the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are —

(a)

that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;

(b)

that the activity in question is one in relation to which an authority in the firm's home State has regulatory functions; and

(c)

that the firm also carries on the activity in question in its home State.

(8E) Expressions used in paragraphs (8B) to (8D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meanings in those paragraphs as they have in that Schedule. ]

4. — (1) A scheme under Article 3 which makes provision with respect to the pensions, allowances or gratuities which are to be, or may be, paid to or in respect of a person to whom that Article applies and who is incapacitated or dies as a result of an injury sustained, or disease contracted, in circumstances prescribed by the scheme may make the like provision in relation to any other person, being a person who is employed for the purposes of the Government of Northern Ireland, whether temporarily or permanently and whether for reward or not, or is a person holding office in that Government and who is incapacitated or dies as a result of an injury or disease so sustained or contracted. (2) Any scheme under Article 3 may make provision for the payment by the Ministry of pensions, allowances or gratuities by way of compensation to or in respect of persons —

(a)

to whom that Article applies; and

(b)

who suffer loss of office or employment, or loss or diminution of emoluments, in such circumstances, or by reason of the happening of such an event, as may be prescribed by the scheme.

[ F7 (3) No scheme under Article 3 shall make any provision which would have the effect of reducing the amount of any pension, allowance or gratuity, in so far as that amount is directly or indirectly referable to rights which have accrued (whether by virtue of service rendered, contributions paid or any other thing done) before the coming into operation of the scheme, unless the persons consulted in accordance with Article 3(2) have agreed to the inclusion of that provision. ] (4) Subject to paragraph (3), any scheme under Article 3, or any provision thereof, may be framed —

(a)

so as to have effect as from a date earlier than the date on which the scheme is made; or

(b)

so as to apply in relation to the pensions, allowances or gratuities paid or payable to or in respect of persons who, having been persons to whom Article 3 applies, have died or ceased to be persons to whom that Article applies before the scheme comes into operation; or

(c)

so as to require or authorise the payment of pensions, allowances or gratuities to or in respect of such persons.

(5) Where an order has been made under Article 3(6), any scheme under that Article may provide for the payment to the Ministry out of the fund specified in the order of benefits or other sums paid by it in accordance with the scheme to or in respect of persons to whom that Article applies by virtue of the order, together with any administrative expenses incurred in connection with the payment of those sums, and for the payment into that fund of contributions paid in accordance with the scheme by or in respect of those persons and of any transfer values received in respect of them. (6) Any scheme under Article 3 may provide for the determination by the Ministry of questions arising under the scheme and may provide that the decision of the Ministry on any such question shall be final. (7) Where under any such scheme any question falls to be determined by the Ministry, then, at any time before the question is determined, the Ministry may (and if so directed by the Court of Appeal shall) state in the form of a special case for determination by the Court of Appeal any question of law arising out of the question which falls to be determined by the Ministry. (8) Before a scheme made under Article 3, being the principal civil service pension scheme or a scheme amending or revoking that scheme, comes into operation the Ministry shall lay a copy of the scheme before Parliament. (9) Notwithstanding any repeal made by this Order, the existing civil service superannuation provisions, that is to say, the transferred provisions listed in Schedule 2, shall, with the necessary adaptations and modifications, have effect as from the commencement of this Order as if they constituted a scheme made under Article 3 in relation to the persons to whom that Article applies, being the principal civil service pension scheme, and coming into operation on the said commencement and may be revoked or amended accordingly. (10) In this Article “ the principal civil service pension scheme ” means the principal scheme made under Article 3 relating to persons serving in employment in the civil service.

5. — (1) The following provisions of this Article shall have effect where a scheme under Article 3 provides for the payment of a pension, allowance or gratuity to or in respect of a person who is incapacitated or dies as a result of an injury sustained or disease contracted in circumstances prescribed by the scheme, and a pension, allowance or gratuity is paid in accordance with the scheme to or in respect of a person in consequence of an injury or disease so sustained or contracted or of a death resulting from such injury or disease. (2) If the scheme requires the Ministry to take into account, as against any sums otherwise payable under the scheme, any damages which are recovered or recoverable by or on behalf of the recipient of the pension, allowance or gratuity granted in consequence of the injury, disease or death, being damages in respect of that injury, disease or death, and the Ministry makes any payments without taking such damages into account, then if and when the Ministry is satisfied that there are any damages to be so taken into account, the Ministry shall have the right to recover from the recipient —

(a)

where the amount of the payments made by the Ministry is less than the net amount of the damages, the amount of those payments;

(b)

where the amount of those payments is not less than the net amount of the damages, such part of those payments as is equal to the net amount of the damages.

(3) So far as any amount recoverable under this Article represents a payment made by the Ministry from which income tax has been deducted before payment, the proper allowance shall be made in respect of the amount so deducted, and in this Article “ the net amount of the damages ” means the amount of the damages after deducting any tax payable in the United Kingdom or elsewhere to which the damages are subject. (4) No proceedings shall be brought to recover any amount under this Article —

(a)

after the death of the recipient of the payments; or

(b)

after the expiration of two years from the date on which the amount of the damages taken into account in arriving at the amount so recoverable is finally determined (whether in court proceedings or in arbitration proceedings or by agreement between the parties) or from the date on which the final determination of that amount first came to the knowledge of the Ministry, whichever date is the later.

(5) A certificate issued by the Ministry and stating the date on which the final determination of any amount of damages first came to the knowledge of the Ministry shall be admissible in any proceedings as sufficient evidence of that date. (6) The provisions of this Article are without prejudice to any right of the Ministry under any such scheme to take damages into account by withholding or reducing any further sums otherwise payable to the recipient of the pension, allowance or gratuity.

6. F8  F9 — (1) Where on the death of any person there is due to the deceased or his personal representatives from a government department a sum, not exceeding £ 500 F10 , in respect of salary, wages or other emoluments or of superannuation benefits payable by virtue of a scheme made under Article 3, probate or other proof of the title of the personal representatives of the deceased may be dispensed with, and the appropriate authority may pay the whole or any part of that sum to those representatives or to the person, or to or among any one or more of any persons, appearing to that authority to be beneficially entitled to the estate of the deceased, and any person to whom such a payment is made, and not the appropriate authority, shall thereafter be liable to account for the amount paid to him under this paragraph. (2) Paragraph (1) shall be included among the provisions with respect to which the Ministry may make an order under section 6(1) of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967

1967 c.5

substituting for references to £ 500 such higher amount as may be specified in the order. (3) The reference to a government department in paragraph (1) shall be construed as including a reference to a body or institution employment by or in which is listed in Schedule 1. (4) In this Article “ the appropriate authority ” , in relation to any sum, means the government department, the body, or the trustees or other authority responsible for the institution, as the case may be, from whom that sum is due.

7. — (1) Any assignment of or charge on, and any agreement to assign or charge, any benefit payable under a scheme made under Article 3 shall be void. (2) Nothing in paragraph (1) shall affect the powers of a court under [ F11 Article 283 of the Insolvency (Northern Ireland) Order 1989 ] .

8. — (1) The Ministry may by order repeal or amend any transferred provision where it appears to the Ministry that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of Article 3 or 4 or of any scheme made under Article 3 or any repeal made by this Order in consequence of the coming into operation of those Articles. (2) An order under this Article —

(a)

may be made so as to have effect as from a date before the making of the order; and

(b)

shall be subject to negative resolution.

9. — (1) The Ministry of Development F12 may by regulations make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid to or in respect of such persons, or classes of persons, as may be so prescribed, being — (2) Without prejudice to the generality of paragraph (1), regulations under this Article may include all or any of the provisions referred to in Schedule 3. [ F13 (2A) Regulations under this Article may —

(a)

require any financial statement relating to any fund maintained under the regulations to be prepared in accordance with guidance for the time being by the Department of Finance and Personnel; and

(b)

regulate the issue of such guidance by that Department. ]

(3) F14 Notwithstanding anything in the Pensions (Increase) Act (Northern Ireland) 1971

1971 c.35

, regulations under this Article may provide —

(a)

that increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be paid out of such of the superannuation funds established under the regulations as the regulations may provide; and

(b)

that the cost of those increases or of that part thereof, as the case may be, shall be defrayed by contributions from the persons to whom any services in respect of which the pensions, allowances or gratuities are or may become payable were or are being rendered or by such of those persons as may be so prescribed;

and any provisions of the said Act of 1971, or of regulations made under section 5 thereof, relating to liability for the cost of increases under that Act of pensions, allowances or gratuities payable under the regulations shall have effect subject to the provisions of any regulations made by virtue of this paragraph and for the time being in force. (4) Before making any regulations under this Article the Ministry of Development F12 shall consult with —

(a)

such associations of local authorities as appear to that Ministry to be concerned;

(b)

any local authority with whom consultation appears to that Ministry to be desirable; and

(c)

such representatives of other persons likely to be affected by the proposed regulations as appear to that Ministry to be appropriate.

10. — (1) The Ministry of Development F15 may make regulations providing for — (2) In this Article “ local scheme ” in relation to a local authority means a superannuation scheme that applies only to that authority.

11. — (1) The Ministry of Education may, by regulations made with the consent of the Ministry, make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid [ F16 to or in respect of teachers by the Department of Education or, in the case of injury benefit, by the Department of Education, an employer of teachers or such other person as the Department of Education may consider appropriate and may specify in the regulations ] . (2) Without prejudice to the generality of paragraph (1), regulations under this Article may include all or any of the provisions referred to in Schedule 3. [ F16 (2A) Where regulations under this Article make provision with respect to money purchase benefits, they may also —

(a)

include provision enabling a person to elect for such money purchase benefits as are to be provided to or in respect of him under the regulations to be purchased from any authorised provider whom he may specify; and

(b)

notwithstanding paragraph (1), provide that the making of such an election shall have the effect, in such cases as may be specified in the regulations, of discharging any liability of the Department of Education to pay those benefits to or in respect of that person;

but no regulations under this Article shall be so framed as to have the effect that any money purchase benefits to be provided under them may only be provided in a manner which discharges that liability of that Department. ] (3) Where the regulations provide for the making of any such payment as is referred to in paragraph 3, 5 or 6 of Schedule 3, they may also provide for the payment to be made by the Ministry of Education. [ F16 (3A) Notwithstanding anything in the Pensions (Increase) Act (Northern Ireland) 1971, regulations under this Article may provide that the cost of increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be defrayed —

(a)

by contributions from employers of teachers or from such other persons or classes of person (apart from teachers) as the Department of Education may consider appropriate and may specify in the regulations; or

(b)

by contributions from such of those employers or other persons as may be so specified;

and any provisions of the said Act of 1971, or of regulations made under section 5 thereof, relating to liability for the cost of increases under that Act of pensions, allowances or gratuities payable under the regulations shall have effect subject to the provisions of any regulations made by virtue of this paragraph and for the time being in force. ] (4) Where regulations under this Article provide for the establishment of a superannuation fund, the regulations may also provide for the payment by the Ministry of Education —

(a)

of the administrative expenses of the persons by whom, in accordance with the regulations, the fund is to be administered; and

(b)

of such travelling, subsistence and other allowances to those persons as the Ministry of Education may, with the consent of the Ministry, determine.

(5) Before making any such regulations the Ministry of Education shall consult with representatives of local education authorities and of teachers and with such representatives of other persons likely to be affected by the proposed regulations as appear to that Ministry to be appropriate. (6) In this Article [ F16 [  F17 “ authorised provider ” has the meaning given in Article 3; ] “ injury benefit ” means a pension, allowance or gratuity payable under the regulations to or in respect of a teacher in consequence of any injury sustained, or disease contracted, by him in the course of his employment in that capacity; “ money purchase benefits ” has the meaning given by [ F18 section 176(1) of the Pension Schemes (Northern Ireland) Act 1993 ] ; ] “ teachers ” includes such persons as may be prescribed by regulations made under this Article, being persons employed otherwise than as teachers —

(a)

in a capacity connected with education which to a substantial extent involves the control or supervision of teachers; or

(b)

in employment which involves the performance of duties in connection with the provision of education or services ancillary to education.

12. — (1) The Ministry of Health and Social Services may, by regulations made with the consent of the Ministry, make provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of such requirements and conditions as may be prescribed by the regulations, are to be, or may be, paid by the Ministry of Health and Social Services to or in respect of such persons, or classes of persons, as may be so prescribed [ F19 (in this Article referred to as “ health staff ” ) ] , being — (2) Without prejudice to the generality of paragraph (1), regulations under this Article may include all or any of the provisions referred to in Schedule 3. [ F19 (2A) Where regulations under this Article make provision with respect to money purchase benefits, they may also —

(a)

include provision enabling a person to elect for such money purchase benefits as are to be provided to or in respect of him under the regulations to be purchased from any authorised provider whom he may specify; and

(b)

notwithstanding paragraph (1), provide that the making of such an election shall have the effect, in such cases as may be specified in the regulations, of discharging any liability of the Department of Health and Social Services to pay those benefits to or in respect of that person;

but no regulations under this Article shall be so framed as to have the effect that any money purchase benefits to be provided under them may only be provided in a manner which discharges that liability of that Department. ] (3) Where the regulations provide for the making of any such payment as is referred to in paragraph 3, 5 or 6 of Schedule 3, they may also provide for the payment to be made by the Ministry of Health and Social Services. [ F19 (3A) Notwithstanding anything in the Pensions (Increase) Act (Northern Ireland) 1971, regulations under this Article may provide that the cost of increases under that Act of such of the pensions, allowances or gratuities payable under the regulations as may be prescribed by the regulations, or such part of those increases as may be so prescribed, shall be defrayed —

(a)

by contributions from employers of health staff or from such other persons or classes of person (apart from health staff) as the Department of Health and Social Services may consider appropriate and may specify in the regulations; or

(b)

by contributions from such of those employers or other persons as may be so specified;

and any provisions of the said Act of 1971, or of regulations made under section 5 thereof, relating to liability for the cost of increases under that Act of pensions, allowances or gratuities payable under the regulations shall have effect subject to the provisions of any regulations made by virtue of this paragraph and for the time being in force. ] (4) Before making any such regulations the Ministry of Health and Social Services shall consult with such representatives of persons likely to be affected by the proposed regulations as appear to that Ministry to be appropriate. (5) The Ministry of Health and Social Services may direct that regulations made under this Article shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction —

(a)

who is wholly or mainly engaged in health services or personal social services, whether provided under the Health Services Act (Northern Ireland) 1971

1971 c.1

F20 or otherwise, but not provided by a local authority; and

(b)

who, if he were in the employment of an employing authority within the meaning of the regulations, would be an officer within the meaning of those regulations,

as if the person were, within the meaning of the regulations, an officer in the employment of the employing authority. (6) The Ministry of Health and Social Services may direct that regulations made under this Article shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction who, while continuing in or within twelve months after leaving employment in which he was entitled to participate in the benefits for which the regulations provide (any period spent by that person on an approved course of study or training within the meaning of the regulations being left out of account), enters such other employment as may be approved by that Ministry for the purposes of this paragraph as if, while in that other employment, that person were, within the meaning of the regulations, an officer in the employment of an employing authority, and, in that event, the regulations shall apply accordingly to that person. (7) A direction under paragraph (6) may be expressed to take effect as from the date of a person's entry into employment notwithstanding that the direction or the approval of that employment for the purposes of that paragraph was not given until after that date. (8) A direction under paragraph (6) shall not be varied or revoked by a subsequent direction so as to exclude from the benefits for which the regulations provide any person previously entitled thereto, unless —

(a)

the Ministry of Health and Social Services is satisfied that other suitable superannuation arrangements are available for that person; and

(b)

that person consents to his being so excluded;

and, where any subsequent direction results in such an exclusion of any such person, it may contain provision for the payment of a transfer value in respect of that person. (9) The Ministry of Health and Social Services may enter into an agreement with the governing body of any hospital not vested in that Ministry for admitting officers of the hospital of such classes as may be provided in the agreement to participate, on such terms and conditions as may be so provided, in the benefits for which regulations made under this Article provide in like manner as officers of any corresponding class to whom the regulations apply, and the regulations shall apply accordingly in relation to the officers so admitted subject to such modifications as may be provided in the agreement. (10) The governing body of any such hospital as is referred to in paragraph (9) shall have all such powers as may be necessary for the purpose of giving effect to any terms and conditions on which its officers are admitted to such participation as aforesaid. [ F19 (11) In this Article — [ F21 “ authorised provider ” has the meaning given in Article 3; ] “ money purchase benefits ” has the meaning given by [ F22 section 176(1) of the Pension Schemes (Northern Ireland) Act 1993 ] . ]

13. Where under any regulations made under Article 9, 11 or 12 any question falls to be determined by a government department, then, at any time before the question is determined, that department may (and if so directed by the Court of Appeal shall) state in the form of a special case for determination by the Court of Appeal any question of law arising out of the question which falls to be determined by that department.

14. — (1) Any regulations made under Article 9, 11 or 12 may be framed so as to have effect as from a date earlier than the making of the regulations. (2) Subject to paragraph (3), any regulations made under Article 9, 11 or 12 may be framed —

(a)

so as to apply in relation to the pensions which are being paid or may become payable under the regulations to or in respect of persons who, having served in an employment or office service in which qualifies persons to participate in the benefits for which the regulations provide, have ceased to serve therein [ F23 (whether or not they have subsequently recommenced any such service) ] or died before the regulations come into operation; or

(b)

so as to require or authorise the payment of pensions to or in respect of such persons.

(3) No provision shall be made by any regulations by virtue of paragraph (2) unless any person who is placed in a worse position than he would have been in if the provision had not applied in relation to any pension which is being paid or may become payable to him is by the regulations given an opportunity to elect that the provision shall not so apply [ F23 in relation to that pension except as provided by paragraph (3A) ] . [ F23 (3A) If, at the coming into operation of the provision mentioned in paragraph (3), a person who makes such an election as is mentioned in that paragraph is serving in an employment or office to which the regulations governing the pension apply, or if he subsequently recommences service in such an employment or office, then —

(a)

the election shall have effect in relation to the pension only to the extent that it accrues or has accrued —

(i)

by virtue of periods of service rendered before the cessation referred to in paragraph (2) (or, if there has been more than one such cessation, the last of them before the coming into operation of the provision in question); or

(ii)

by virtue of contributions paid in respect of any such periods of service; and

(b)

in determining entitlement to, or the amount of, the pension to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such an employment or office at any time after the cessation referred to in sub-paragraph (a);

and the provision in question shall apply accordingly. ] (4) In the foregoing provisions of this Article “ pension ” includes allowance and gratuity. (5) Regulations made under Article 9, 10, 11 or 12 shall be subject to negative resolution.

15. Article 14 (except paragraph (5)) shall apply in relation to — as it applies in relation to regulations under Article 9, 11 or 12.

Art.16 rep. by 1981 NI 8

17. Any body specified in column 1 of Schedule 4 may make any determination relating to, or connected with, the provision of pensions, gratuities or other like benefits to or in respect of persons employed by it which it has power to make under the transferred provision specified in relation to that body in column 2 of that Schedule without obtaining the approval or agreement of any government department whose approval of, or agreement to, that determination is required by virtue of that transferred provision.

18. The repeal by this Order of any provisions of the Superannuation Acts (Northern Ireland) 1967 and 1969 shall not affect the continued operation of those Acts so far as immediately before the repeal takes effect they apply in relation to any of the persons listed in Schedule 5.

19. — (1) Subject to paragraph (2), the appropriate government department may, with the consent of the Ministry, by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of pensions, allowances or gratuities by way of compensation to or in respect of the following persons, that is to say, persons — (2) Regulations under this Article relating to persons in relation to whom regulations may be made under Article 9 may be made without the consent of the Ministry. (3) Regulations under this Article may —

(a)

include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations;

(b)

authorise the appropriate government department to make exceptions and conditions; and

(c)

be framed so as to have effect from a date earlier than the making of the regulations,

but so that regulations having effect from a date earlier than the date of their making shall not place any individual who is qualified to participate in the benefits for which the regulations provide in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making. (4) Regulations under this Article may include all or any of the provisions referred to in paragraphs 8, 9 and 13 of Schedule 3. (5) Regulations under this Article shall be subject to negative resolution. (6) In this Article “ the appropriate government department ” in relation to regulations under this Article providing for the payment of compensation to or in respect of any persons means the department which, under Article 9, 11 or 12 has power to make regulations in relation to those persons.

Art. 20 rep. by 1975 NI 15

Art. 21 rep. by SLR 1976

Art. 22 repeals s.9 of 1950 c. 3 (NI)

23. — Para. (1), with Schedule 6, effects amendments (2) The savings and transitional provisions contained in Schedule 7 shall have effect. Para. (3), with Schedule 8, effects repeals

1. Provision as to the means by which the cost of providing the benefits for which the regulations provide is to be defrayed, including provision for the making of contributions or other payments by persons entitled to participate in such benefits and by the employers of those persons or such other persons as may be prescribed by the regulations.

2. Provision for the establishment and administration of superannuation funds, the management and application of the assets of such funds, the amalgamation of all or any of such funds, and the winding up of, or other dealing with, any such fund.

3. Provision for the payment and receipt of transfer values or in lieu thereof for the transfer or receipt of any fund or part of a fund or policy of insurance.

4. Provision for reckoning in respect of a person to whom the regulations apply any service in employment or as the holder of an office (other than service in respect of which benefits are payable under the regulations) as service in respect of which such benefits are payable, either unconditionally or subject to such conditions as may be prescribed by the regulations and either as respects the whole of the service or as respects such fraction thereof as may be so prescribed. In this paragraph “ employment ” includes engagement in any service.

5. Provision for the making by such persons as may be prescribed by the regulations of payments towards the provision (otherwise than under the regulations) of pensions, allowances or gratuities in such cases as may be determined in accordance with the regulations.

6. Provision as to the circumstances in which contributions paid by any person in accordance with the regulations, or any part thereof, may be repaid with or without interest.

7. Provision for securing that where — the amount of any payments made to that person in respect of the pension before the right to or amount of such damages is finally determined, or such part of those payments as may be determined in accordance with the regulations, may be recovered from that person in such circumstances and subject to such conditions as the regulations may provide. In this paragraph “ pension ” includes allowance and gratuity.

8. Provision authorising the payment, without probate or other proof of title, of any sum due under the regulations in respect of a person who has died to his personal representatives or such other persons as may be prescribed by the regulations.

9. Provision rendering void any assignment of or charge on, or any agreement to assign or charge, any benefit under the regulations, and provision that on the bankruptcy of a person entitled to such a benefit no part thereof shall pass to any trustee or other person acting on behalf of the creditors except in accordance with an order made by a court in pursuance of any statutory provision specified in the regulations.

10. Provision for the determination of all questions arising under the regulations and for any decision which falls to be taken by a government department in accordance with the regulations to be final.

11. Provision for conferring on such persons as may be prescribed by the regulations such functions as the government department making the regulations considers necessary or expedient for purposes of the regulations.

12. Provision repealing or amending any transferred provision where it appears to the government department making the regulations that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, the regulations.

13. Such incidental, supplementary, consequential and transitional provisions as appear to the government department making the regulations to be necessary or expedient.

1. A person to whom section 6(5) of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 applies.

Para. 2 rep. by SR 1979/103

1. — (1) The repeal of any transferred provision by this Order shall not affect any pension, allowance or gratuity granted before the commencement of this Order under the Superannuation Acts (Northern Ireland) 1967 and 1969 or any pension, allowance or gratuity deemed by paragraph 1 of Schedule 9 to the Superannuation Act (Northern Ireland) 1967 to have been granted under that Act, and, subject to sub-paragraph (2), the pension, allowance or gratuity shall be deemed to have been granted under the principal civil service pension scheme within the meaning of Article 4. (2) Without prejudice to Article 18, sub-paragraph (1) shall not apply in relation to a pension, allowance or gratuity granted under the said Acts of 1967 and 1969 to a person who, immediately before the pension, allowance or gratuity was granted to him, was a person listed in Schedule 5.

2. — (1) Any determination, decision, surrender, election, release or nomination made, certificate, direction, notice or approval given, contribution paid or other thing done under any provision of the Superannuation Acts (Northern Ireland) 1967 and 1969 which is repealed by this Order shall not be affected by the repeal but shall have effect as if made, given, paid or done under the corresponding provision of the principal civil service pension scheme within the meaning of Article 4. (2) Article 5 shall apply in relation to payments made before the commencement of this Order in accordance with a warrant under section 18 of the Superannuation Act (Northern Ireland) 1967 or a warrant issued by virtue of section 7 of the Administrative and Financial Provisions Act (Northern Ireland) 1965

1965 c.12

as it applies in relation to payments made in accordance with a scheme made under Article 3. (3) Article 6(1) shall apply in relation to any person to whom a payment was made under section 87 of the Superannuation Act (Northern Ireland) 1967 as it applies in relation to any person to whom a payment is made under Article 6(1).

3. Any reference in any transferred provision or any document to the Superannuation Act (Northern Ireland) 1967, to the Superannuation Acts (Northern Ireland) 1967 and 1969 or to any provision of the said Act of 1967, or any reference which is to be construed as such a reference, shall be construed as, or as including, a reference to the principal civil service pension scheme within the meaning of Article 4 or to the corresponding provision of that scheme, as the case may be.

4. The repeal of any transferred provision by this Order shall not affect any superannuation benefit granted before the commencement of this Order under the Local Government (Superannuation) Acts (Northern Ireland) 1950 to 1966.

5. The repeal by this Order of sections 6, 6A and 6B of, the proviso to section 9 of, and Schedule 2 to, the Local Government (Superannuation) Act (Northern Ireland) 1950 (extension and preservation of rights of certain officers under enactments repealed by that Act) shall not affect the operation of those enactments in relation to the officers in question.

6. — (1) Notwithstanding any repeal made by this Order the provisions of — shall, as from the commencement of this Order, have effect, with the necessary adaptations and modifications, as provisions of regulations made under Article 9, and may be revoked or amended accordingly. (2) Any reference in any transferred provision or document to any such section or Schedule of an Act, or any such instrument, or any provision of such a section, Schedule or instrument, as is mentioned in sub-paragraph (1) shall be construed as a reference to so much of regulations made under Article 9 as by virtue of that sub-paragraph consists of that section, Schedule, instrument or provision.

7. Any appointment, election, application, determination or surrender made, certificate or approval given, contribution paid or other thing done under any section, Schedule, instrument or provision such as is mentioned in paragraph 6(1) shall not be affected by the repeal of the sections and Schedule there mentioned, but shall have effect as if made, given, paid or done under the corresponding provision of regulations made under Article 9.

8. The repeal of any transferred provision by this Order shall not affect — before the commencement of this Order under the Teachers Superannuation Acts (Northern Ireland) 1950 to 1967.

9. — (1) Notwithstanding any repeal made by this Order — shall, as from the commencement of this Order, have effect, with the necessary adaptations and modifications, as provisions of regulations made under Article 11, and may be revoked or amended accordingly. (2) Any reference in any transferred provision or document to any such Act, or any such instrument, or any provision of such an Act or instrument, as is mentioned in sub-paragraph (1) shall be construed as a reference to so much of regulations made under Article 11 as by virtue of sub-paragraph (1) consists of that Act, instrument or provision.

10. Any surrender, election or release made, direction, consent or approval given, contribution paid or other thing done under any Act, instrument, or provision such as is mentioned in paragraph 9(1) shall not be affected by the repeal of the Acts there mentioned, but shall have effect as if made, given, paid or done under the corresponding provision of regulations made under Article 11.

11. Regulations or directions made or given or deemed to be made or given under section 67 of, and Schedule 8, to, the Health Services Act (Northern Ireland) 1971 and in force immediately before the commencement of this Order shall be deemed to be regulations or directions made or given under Article 12 and shall continue to have effect notwithstanding the repeal by this Order of the said section 67 and Schedule 8.

12. The repeal by this Order of any transferred provision contained in the Health Services Act (Northern Ireland) 1971 shall not affect any pension, allowance or gratuity granted before the commencement of this Order under that provision or preserved by that provision.

13. Nothing in this Order shall affect the operation of any rules made under section 38 or 43(1) of the Superannuation Act (Northern Ireland) 1967 and any such rules in force at the commencement of this Order shall, unless and until revoked, but subject to any amendments made therein in exercise of the power to vary them, continue to have effect as if this Order had not been made.

14. Nothing in this Order shall affect the provisions of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 (effect of repeals and of substituting provisions).