text:
Citation and commencement
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 1990.
2
These Regulations shall come into force on 1st May 1990 and shall have effect as from 6th April 1988.
Interpretation
2
1
In these Regulations, unless the contrary intention appears, references to the principal Regulations are references to the Police Pensions Regulations 1987 as they had effect immediately before the coming into force of these Regulations.
2
These Regulations shall be construed as one with the principal Regulations.
Transfer values
3
1
Part F of and Schedule F to the principal Regulations (pensionable service and transfer values) shall be amended in accordance with the following provisions of this regulation.
2
In regulation F6–
a
after paragraph (1) there shall be inserted the following paragraph:
1A
The reference in paragraph (1)(a) to service or employment by reason of which a person was subject to superannuation arrangements includes a reference to any occupation with respect to which he has accrued rights to benefits under a personal pension scheme or any other superannuation arrangement, other than rights to benefits arising out of a free-standing additional voluntary contributions scheme; and references in this regulation to “former service” and “former superannuation arrangements” shall be construed accordingly.
;
b
at the end of paragraph (4) there shall be inserted the following provision:
Provided that, in the case of a regular policeman in respect of whom such a transfer value as is mentioned in paragraph (1)(c) was received on or after 6th April 1988, the period shall be calculated in accordance with Section 2 of Part IV of Schedule F.
, and
c
for paragraph (5)(b)(ii) there shall be substituted the following provision:
ii
the transfer value mentioned in paragraph (1)(c), were it to be paid, is at least as great as the product of–
A
the annual amount of the pension to which he would, if that transfer value were paid, be entitled under regulation J1, and
B
the factor specified in column 2 of the following table opposite his age, as set out in column 1 of that table, as at the date when the police authority is requested to accept that transfer value:
Age Appropriate Factor
29 or under 8 30 to 39 9 40 to 49 10 50 or over 12
.
3
In regulation F9–
a
after paragraph (2)(a)(ii) there shall be inserted the following paragraph:
iii
is payable under regulation F10, or
;
b
in paragraph (3), there shall be inserted, at the beginning, the words “subject to paragraph (3A)”;
c
after paragraph (3) there shall be inserted the following paragraph:
3A
In respect of service as a regular policeman on or after 6th April 1988, a transfer value payable under paragraph (3) shall be calculated in accordance with Section 1 of Part IV of Schedule F and paragraph (5) of regulation F10 shall have effect as if it were payable under that regulation.
, and
d
in paragraph (5), the words from “has–(a)” to “and (b)” shall be omitted.
4
After regulation F9 there shall be inserted the following regulation:
Transfer values payable following cessation of contributions
F10
1
Subject to paragraphs (6) and (7), this regulation shall apply to a regular policeman who, not less than 12 months before attaining the age of 60 years or, if later, the age at which he may be required to retire under regulation A18(1) (compulsory retirement on account of age)–
a
ceases or ceased on or after 1st January 1986 to serve as a regular policeman, or
b
makes or has made an election under regulation G4(1) (election not to pay pension contributions),
and who, in either case, satisfies the conditions specified in paragraph (2).
2
The conditions mentioned in paragraph (1) are–
a
that he subsequently becomes subject to new superannuation arrange ments;
b
that, unless those new superannuation arrangements constitute an occupa tional pension scheme or personal pension scheme, he is entitled to reckon at least 2 years' pensionable service;
c
that he is not entitled to a pension under Part B or, if so entitled, has neither received any payment in respect thereof nor given any notice of commutation relating thereto which has become effective;
d
that he has not received any award by way of repayment of his aggregate pension contributions or a gratuity, and
e
that he has, on or before the date falling–
i
12 months before he attains the age of 60 years,
ii
12 months before he attains the age at which he may be required to retire under regulation A18(1), or
iii
6 months after he ceased to serve as a regular policeman or, as the case may be, made an election under regulation G4(1),
whichever is the latest, or within such longer period as the police authority may allow in the circumstances of the particular case, given written notice to the police authority of his desire that this regulation should apply in his case:
Provided that in the case of a regular policeman who is becoming subject to new superannuation arrangements such as are specified in paragraph (3)(a), (b) or (e) of regulation F9, sub-paragraph (iii) shall have effect as if for “6 months” there were substituted “12 months”.
3
A regular policeman who has given notice in accordance with paragraph (2)(e) may, without prejudice to the giving of another such notice, withdraw that notice by giving written notice to that effect to the police authority under this paragraph:
Provided that notice under this paragraph shall be of no effect if it is given at a time when the police authority have already entered into an agreement with a third party to pay a transfer value under paragraph (4) in respect of him.
4
Subject to paragraph (5), where this regulation applies the police authority shall, within 12 months of receipt of notice given in accordance with paragraph (2)(e) or, if earlier, the date on which the regular policeman concerned attains the age of 60 years, pay a transfer value calculated in accordance with Section 1 of Part IV of Schedule F to the authority or person empowered to receive such payments for the purposes of the new superannuation arrangements to which the regular policeman becomes subject:
Provided that if disciplinary proceedings or proceedings before a court have been commenced against the regular policeman concerned within 12 months of the date on which contributions under regulation G2(1) ceased to be payable in respect of him and it appears to the police authority that the proceedings may lead to the forfeiture of any pension, entitlement to which arises as a result of the payment of such contributions, the period within which payment under this paragraph is to be made shall be–
a
that specified in the foregoing provisions of this paragraph, or
b
3 months from the conclusion of those proceedings (including any proceedings on appeal),
whichever ends later.
5
Where the new superannuation arrangements to which the regular policeman concerned is becoming subject are not such as are specified in paragraph (3)(a), (b) or (e) of regulation F9, the transfer value payable under this regulation shall be–
a
in the event of a failure, without reasonable excuse, on the part of the police authority to make payment within 6 months of the expiration of the period specified in paragraph (4), the greater of the following amounts:
i
the sum of the amount calculated in accordance with Part IV of Schedule F and the interest on that amount at the judgment of debt rate, and
ii
the amount calculated in accordance with the said Part IV as at the date on which payment is in fact made; and
b
in the event that a transfer value in respect of him has been paid to the police authority under regulation F8, the greater of the following amounts:
i
the amount calculated in accordance with Part IV of Schedule F, and
ii
the sum of the transfer value paid under regulation F8 and any contributions paid in respect of him to the police authority under regulation G2(1).
6
In the case of a regular policeman who has received such an award as is mentioned in paragraph (2)(d) but has, within 6 months of becoming subject to new superannuation arrangements, or within such longer period as the police authority may allow in the circumstances of his case, paid to that authority an amount equal to that of the said award, paragraph (2) shall have effect as if sub-paragraph (d) were omitted:
Provided that, in the case of a regular policeman who is becoming subject to new superannuation arrangements such as are specified in paragraph (3)(a), (b) or (e) of regulation F9, this paragraph shall have effect as if for “6 months” there were substituted “12 months”.
7
In the case of a regular policeman who has made an election under regulation G4(1) and whose service as such last commenced at least 2 years before 6th April 1988, his reckonable service for the purposes of the pension benefits, the capitalised value of which is payable under paragraph (4), shall be deemed to have commenced on that date.
8
In this regulation and elsewhere in this Part–
“occupational pension scheme” and“personal pension scheme” have the same meanings as in the Social Security Act 1986 , and
“police authority” in relation to a regular policeman means the police authority of his force or, in the case of a former regular policeman, of the force of which he was a member immediately before he ceased to serve.
.
5
After Part III of Schedule F there shall be inserted the following provisions:
PART IV
CALCULATION OF TRANSFER VALUES AND RECKONABLE SERVICE BY REFERENCE TO ACCRUED RIGHTS
Section 1 — Calculation of transfer values
1
Subject to paragraphs 2 and 3, a transfer value payable in respect of a regular policeman by a police authority under regulation F9 or F10 which is to be calculated in accordance with this Section shall be an amount equal to the capitalised value of his accrued rights and any associated rights under the Pensions (Increase) Acts, less the amount of any state scheme premium under Part III of the Social Security Pensions Act 1975 which the police authority has paid and not recovered included in the valuation of those rights.
2
Where the police authority responsible for payment of a transfer value such as is mentioned in paragraph 1 has determined that any pension payable to or in respect of the regular policeman concerned shall be forfeited, in whole or in part, under regulation K5, the transfer value shall be reduced by an amount equal to the capitalised value of that pension, or of that part of the pension which is so forfeited, as the case may be.
3
Where the new superannuation arrangements to which the regular policeman concerned is becoming subject are not a contracted-out scheme and–
a
the authority or person empowered to receive payments for the purposes of those arrangements is willing or able to have transferred to them only the liability for the regular policeman’s accrued rights other than his and his widow’s or widower’s rights to guaranteed minimum pensions, and
b
the regular policeman concerned does not require the police authority to use that portion of his transfer value which represents those guaranteed minimum pensions in one of the ways specified in paragraph 13(2)(a) to (c) of Schedule 1A to the Social Security Pensions Act 1975 ,
the transfer value payable in respect of him shall be reduced by an amount sufficient to enable the police authority’s liability in respect of the regular policeman’s and his widow’s or widower’s guaranteed minimum pensions to be met.
4
In this Section–
“accrued rights” means the rights which have accrued in respect of a regular policeman at the material date to any award payable under these Regulations, excluding any rights which have, at any time before that date, been taken into account in calculating a transfer value payable in respect of him;
“capitalised value” means actuarial value at the material date as determined by the police authority in a manner notified to them by the Government Actuary as consistent with the requirements of paragraph 14 of Schedule 1A to the Social Security Pensions Act 1975;
“material date” means the later of–
the date on which the regular policeman concerned ceased to serve as such or made an election under regulation G4(1), as the case may be, and
the date on which he gave notice to the police authority in accordance with regulation F10(2)(e) which has not been withdrawn.
Section 2 — Calculation of reckonable service
1
The period of pensionable service reckonable by a regular policeman under regulation F6 by virtue of the receipt of a transfer value by the police authority on or after 6th April 1988 shall be calculated–
a
where his former superannuation arrangements are of a kind mentioned in paragraph 1(2) of Section 2 of Part II and the police authority are satisfied that the transfer value–
i
represents all his accrued rights to awards under those arrangements,
ii
was calculated in like manner as under some such superannuation arrangements as aforesaid, and
iii
is one which he has, within 12 months of his last becoming a regular policeman, requested the police authority to accept under regulation F6,
in accordance with paragraph 2, and
b
in any other case, in accordance with paragraph 3.
2
For the purposes of paragraph 1(a) the period of pensionable service reckonable by the regular policeman shall be equal to the period of service as a regular policeman which if used to calculate a transfer value payable on such a policeman becoming subject to superannuation arrangements of a kind mentioned in paragraph 1(2) of Section 2 of Part II would produce an amount equal to the transfer value received in respect of him by the police authority under regulation F6; and in making the calculation regard shall be had to his age, rate of pensionable pay, marital status and, in addition, to any other factor notified to the police authority by the authority or person empowered to make payments under his former superannuation arrangements as having been taken into account in determining the amount of that transfer value.
3
For the purposes of paragraph 1(b) the period of pensionable service reckonable by the regular policeman shall be calculated in a manner consistent with the manner in which a transfer value would be calculated which was payable by a police authority to the authority or person empowered to receive such payments for the purposes of superannuation arrangements other than of a kind mentioned in paragraph 1(2) of Section 2 of Part II, due allowance being given for the expected increase in pensionable pay of a regular policeman of the same age as the regular policeman concerned between the date on which he ceased his former service and the material date.
4
In paragraph 3, “the material date” means the later of–
a
the date on which the regular policeman concerned last became a regular policeman, and
b
the date on which a transfer value was paid in respect of him under regulation F6(1)(c).
.
6
In the case of a regular policeman who ceased to serve as such on or after 1st January 1986 but before 6th April 1988 and was, on so ceasing, entitled to reckon at least 5 years' pensionable service, there shall be payable by the police authority of the force in which he ceased to serve–
a
if he is a person to whom regulation F9 of the principal Regulations applies, a transfer value under that regulation, or
b
if he is a person to whom regulation F10 of the principal Regulations, as amended by paragraph (3), applies, a transfer value under that regulation,
whichever is the greater; and where the transfer value payable is that referred to in sub-paragraph (b) of this paragraph, the date of his ceasing to serve shall be deemed, for the purposes of the said regulation F10, to be 6th April 1988.
7
In the case of a regular policeman who ceases or ceased to serve as such on or after 6th April 1988 and is entitled to reckon pensionable service as such before that date, there shall be payable by the police authority of the force in which he ceased to serve–
a
in respect of that service, the greater of–
i
any transfer value payable under regulation F10 of the principal Regulations, as amended by paragraph (3), and
ii
any transfer value payable under regulation F9 of the principal Regulations, and
b
in respect of any pensionable service as a regular policeman after that date which he is entitled to reckon and which, when aggregated with his pensionable service as such before that date, does not exceed 30 years, any transfer value payable under regulation F10 of the principal Regulations, as amended by paragraph (3).
8
Regulation F10 of the principal Regulations, as amended by paragraph (3), shall not have effect in relation to a regular policeman who ceased to serve as such before 6th April 1988 unless he was, on so ceasing, entitled to reckon at least 5 years' pensionable service as such.
Guaranteed minimum pension
4
1
Part J (special cases) and regulation L3 (payment and duration of awards) of the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation J1(1), after “the Social Security Pensions Act 1975” there shall be inserted “as amended by the Social Security Act 1986” .
3
In regulation J1, after paragraph (4) there shall be inserted the following provision:
4A
In a case in which this regulation applies, where the regular policeman dies or has died on or after 6th April 1988 leaving a widower then, unless any pension to which she has been entitled has been forfeited under regulation K5(2), he shall be entitled to a pension of a weekly amount equal to one-half of that part of her guaranteed minimum which is attributable to earnings factors for the tax year, 1988–89 and subsequent tax years increased in accordance with Regulation E9 (increase by reference to the Pensions (Increase) Acts) but that entitlement shall cease if he remarries or has remarried before attaining the age of 65 years and no payment shall be made on account of the pension–
a
in respect of any period for which the amount of any pension payable to him under regulation E1(3) (adult dependent relative’s special pension) by virtue of regulation E1(1)(c) exceeds the pension which, disregarding this sub-paragraph, would be payable hereunder, or
b
in respect of any period before he attains the age of 65 years during which he and a woman to whom he is not married are living together as husband and wife.
.
4
In regulation J1, after paragraph (5) there shall be inserted the following provision:
5A
Where a widower is entitled to a pension under paragraph (4A) then, in respect of any period in respect of which a payment is made on account of that pension, no payment shall be made on account of any pension payable to him under regulation E1(3) by virtue of regulation E1(1)(c).
.
5
In regulation J1, in paragraph (6)(c) there shall be inserted:
a
after “paragraph (2) or (4)” the words “or (4A)”, and
b
after “Part B or C” the words “or under regulation E1”.
6
In regulation J1, after paragraph (6) there shall be inserted the following provision:
6A
Where the annual amount of any pension payable under paragraph (4A) does not exceed £104, the police authority may, at their discretion, commute it for a gratuity.
.
7
After regulation J1 there shall be inserted the following regulation:
Revaluation of guaranteed minimum pension
J1A
1
This regulation shall apply in the case of a regular policeman who has ceased to serve as such or has made an election under regulation G4(1) (election not to pay pension contributions) and, in either case–
a
in respect of whom a transfer value is payable under Part F, and
b
who chooses to exercise the option conferred by paragraph 13(2) of Schedule 1A to the Social Security Pensions Act 1975 wholly or partly in the way specified in sub-paragraph (2)(b) of that paragraph (purchase of annuity).
2
Where this regulation applies in the case of a regular policeman, to the extent that his guaranteed minimum for the purposes of that Act of 1975 is otherwise appropriately secured within the meaning of section 52C(4) of that Act –
a
for the purposes of section 35(2) of that Act (amount of guaranteed minimum) his earnings factors shall be determined by reference to the last order under section 21 of that Act to come into force before the end of the tax year in which he ceased to serve or, as the case may be, in which his election under regulation G4(1) took effect and without reference to any subsequent such order, and
b
the weekly equivalent mentioned in the said section 35(2) shall be increased in accordance with any additional requirements for the time being prescribed for the purposes of section 45(1)(b) of that Act (exclusion from liability to pay a limited revaluation premium).
.
8
Regulation L3(2) and (5) shall be construed as if any reference–
a
to a widow included a reference to a widower, and
b
to a husband included a reference to a wife,
and with consequential modifications.
9
In regulation L3(3)(e), for “and (4)” there shall be substituted “, (4) and (4A)”.
Short service benefit and ill-health award
5
1
Part B (personal awards) of and Schedule C (widows' awards) to the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulations B2(3), B3(3)(a) and B5(1) and in paragraph 3(2) of Part III of Schedule C, for “5” wherever occurring there shall be substituted “2”.
Pension contributions and entitlement
6
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation A10(1) (aggregate pension contributions for purposes of awards), at the end there shall be inserted the following provision:
Provided that, in the case of a regular policeman who has made an election under regulation G4(1), the relevant period of service shall be taken to be the period, or last period, during which pension contributions were continuously payable by him under regulation G2(1) since the date on which, had no such election been made, the relevant period of service would be taken to have begun.
.
3
In regulation A19(1) (compulsory retirement on grounds of efficiency of the force), at the end there shall be added the words “or if he had not made an election under regulation G4(1)”.
4
In regulation B2(1) (policeman’s short service award ), at the end there shall be added the following provision:
Provided that this regulation shall not apply to a regular policeman by whom pension contributions were not payable under regulation G2(1) during the period immediately preceding his retirement.
.
5
In regulation B3(1) (policeman’s ill-health award ), at the end there shall be added the following provision:
Provided that this regulation shall not apply to a regular policeman by whom pension contributions were not payable under regulation G2(1) during the period immediately preceding his retirement.
.
6
In regulation B5(2) (policeman’s deferred pension)–
a
after “to be such” there shall be inserted “or who makes or has made an election under regulation G4(1)”, and
b
after “ceasing to be a regular policeman” there shall be inserted “or, as the case may be, on making such an election”.
7
In regulation B5(4), at the end there shall be added the following provision:
or (c) in respect of any period during which payments are due to be made on account of any pension to which he is entitled under regulation B1.
.
8
In regulation B6 (award by way of repayment of aggregate pension contributions), after paragraph (1) there shall be inserted the following paragraph:
1A
This regulation shall also apply to a regular policeman who, within 3 months of his last becoming a regular policeman, makes an election under regulation G4(1) in the circumstances specified in paragraph (1).
.
9
In regulation C1(1) (widow’s ordinary pension), at the end there shall be added “and shall not apply by virtue of sub-paragraph (d) to the widow of a regular policeman who has or had made an election under regulation G4(1) which has or had effect at the time of his death”.
10
In regulation C6(1) (widow’s requisite benefit and temporary pension), after “regular policeman” there shall be inserted “, by whom pension contributions have at any time been payable under regulation G2(1),”.
11
In regulation C7(1) (widow’s award where no other award payable) after “member of a police force” there shall be inserted “, by whom pension contributions have at any time been payable under regulation G2(1),”.
12
In regulation D1(1) (child’s ordinary allowance), at the end there shall be added “and shall not apply by virtue of sub-paragraph (d) to the child of a regular policeman who has or had made an election under regulation G4(1) which has or had effect at the time of his death”.
13
In regulation F2(1) (current service), at the end there shall be inserted the following provision:
Provided that no period of service shall be reckonable by a regular policeman under sub-paragraph (a) during which pension contributions were not payable by him under regulation G2(1) and in respect of which no payment has been made under regulation F1(1A).
.
14
In regulation G1(5) (average pensionable pay)–
a
in sub-paragraph (a), after “regular policeman” there shall be inserted “to or in respect of whom an award is made under regulation B4 (policeman’s injury award ), C2 (widow’s special award ), C3 (widow’s augmented award ), C7(2)(b) (widow’s award where no other award payable), D2 (child’s special allowance), D3 (child’s special gratuity) or E1 (adult dependent relative’s special pension)”, and
b
after sub-paragraph (a) there shall be inserted the following provision–
aa
in the case of a regular policeman to or in respect of whom an award is made other than one which is mentioned in sub-paragraph (a), the date of his last day of service in a period during which pension contributions were payable by him under regulation G2(1);
.
15
In regulation G2 (pension contributions payable by regular policeman)–
a
in paragraph (1) there shall be inserted at the beginning “Subject to paragraph (3),”, and
b
after paragraph (2) there shall be inserted the following provision:
3
Paragraph (1) shall not apply in the case of a regular policeman who has made an election under regulation G4(1) which is, for the time being, in effect.
.
16
For regulation G3(4) there shall be substituted the following paragraph–
4
Additional or further pension contributions payable under this regulation shall cease to be payable–
a
on retirement;
b
in the case of a regular policeman who makes an election under regulation G4(1), on the date on which that election takes effect;
but–
i
where a regular policeman was paying such contributions immediately before retiring with an ordinary pension that pension shall be reduced in accordance with paragraph 6 of Part VIII of Schedule B, and
ii
where a regular policeman who has made an election under regulation G4(1) cancels that election under regulation G4(5) any such contributions which he was liable to pay immediately before the date mentioned in sub-paragraph (b) shall become payable as from the date on which that election ceases to have effect.
.
17
After regulation G3 there shall be inserted the following regulations:
Election not to pay pension contributions
G4
1
A regular policeman with service as such on or after 6th April 1988 may at any time elect that regulation G2(1) shall not apply in his case by notice in writing given to the police authority.
2
Subject to paragraph (3), the date on which an election under paragraph (1) takes effect shall be the date on which an instalment of pay next falls due to him after the receipt of notice under paragraph (1).
3
In the case of a regular policeman who last became such on or after 6th April 1988 and who has given notice under paragraph (1) within 3 months of the date on which he so became, his election under that paragraph shall be deemed to have taken effect on that date.
4
In a case falling within paragraph (3)–
a
the police authority shall pay to the regular policeman in question a sum equal to the sum of the pension contributions paid by him since the date on which the election is deemed to have taken effect, and
b
for the purposes of regulation C6(1) and C7(1), contributions shall be deemed not to have been payable.
5
A regular policeman who has made an election under paragraph (1) may, not later than the date on which he attains the age of 45 years, cancel such election by notice in writing given to the police authority and the election shall cease to have effect as from the date on which an instalment of pay next falls due to him after the receipt of such notice:
Provided that–
i
a regular policeman having cancelled his election under paragraph (1) shall not be entitled to make any further such election during the same period of service as a regular policeman, and
ii
a regular policeman shall not, if the police authority so resolves, be entitled to cancel his election under paragraph (1) unless he has undergone a medical examination and satisfied the authority as to his good health; and any fee payable in respect of that examination shall be paid by him.
Supplementary provision as to elections not to pay pension contributions
G5
1
Any written notification given to a police authority in anticipation of regulation G4 shall be treated as having been a notice given under that regulation.
2
A notification is one given in anticipation of regulation G4 if–
a
it was given after 5th April 1988 and before 1st May 1990;
b
it expressed a wish not to pay, or as the case may be a wish to resume payment of, pension contributions, and
c
it was given on the understanding that if these Regulations were amended so as to contain provisions for the making and cancellation, by notice, of elections not to pay pension contributions, it would be treated as having been a notice given under those provisions.
3
In the case of a person who–
a
was serving as a regular policeman on 6th April 1988,
b
gave a written notification treated by virtue of paragraph (1) as notice of an election under regulation G4(1) not to pay pension contributions, and
c
attained the age of 45 before 6th April 1989,
a written notification given in anticipation of regulation G4 before 6th April 1989 expressing a wish to resume payment of pension contributions shall be treated as having been an effective notice of cancellation given under regulation G4(5) even if it was not given before his 45th birthday.
.
18
In regulation K1 (cancellation of ill-health and injury pensions) there shall be added at the end the following provision:
7
This regulation shall apply in the case of a regular policeman who has made an election under regulation G4(1) and who is in receipt of a deferred pension under regulation B5 on account of which payment has been made by reason of his having become permanently disabled as if he had not made such an election and as if he were in receipt of an ill-health pension; and, in its application in accordance with this paragraph, this regulation shall have effect as if–
a
in paragraph (4), for the words from “there shall be terminated” to the end there were substituted “any injury pension to which he is entitled shall be terminated and his deferred pension shall not be payable in respect of any period thereafter until he attains the age of 60 years”, and
b
paragraph (5) were omitted.
.
19
In paragraph 2 of Part V of Schedule B (personal awards), after “his period of pensionable service” there shall be inserted “; and in this paragraph references to a person’s pensionable service shall in the case of a regular policeman who has made an election under regulation G4(1) be construed as references to the service which would have been reckonable by him if he had not made such an election”.
20
In paragraph 3 of Part V of Schedule B, at the end there shall be added the following provision:
3
In the case of a regular policeman who has made an election under regulation G4(1), paragraph (1) shall have effect as if for the reference to three-quarters of any other pension calculated by reference to pensionable service reckonable by reason of that period of service there were substituted a reference to the amount of any other pension which would have been so calculated had he not made such an election.
.
21
In paragraph 3 of Part III of Schedule C (widows' awards)–
a
in sub-paragraph (1), for “sub-paragraph (2)” there shall be substituted “sub-paragraphs (2) and (3)”, and
b
after sub-paragraph (2) there shall be inserted the following sub-paragraph:
3
This paragraph shall not apply in the case of a widow whose husband had made an election under regulation G4(1) which had effect at the time of his death.
.
22
In paragraph 1 of Part III of Schedule D (children’s awards), at the end there shall be added the following provision:
Provided that paragraph 5 of Part I as applied hereby shall not have effect in the case of a child whose relevant parent had made an election under regulation G4(1) which had effect at the time of that parent’s death.
.
Pension contributions and entitlement: consequential provisions
7
1
The Police Pensions (Purchase of Increased Benefits) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulations 4(1) and 5(1), after “serving as a regular policeman” there shall be inserted “and in respect of whom pension contributions are payable under regulation G2(1) of the principal Regulations”.
3
In regulation 5(2), after sub-paragraph (b) there shall be inserted the word “or” and the following sub-paragraph:
c
the date on which any election made by him under regulation G4(1) of the principal Regulations takes effect,
.
4
For regulation 5(4) there shall be substituted the following paragraph:
4
In the case of a regular policeman who has elected to make payment under this regulation and who–
a
having retired with an ill-health pension before his retirement date, resumes service as such, or
b
having made an election under regulation G4(1) of the principal Regulations, cancels that election in accordance with paragraph (5) of that regulation,
the periodical contributions shall again become payable and shall continue as provided in paragraph (2).
.
5
In regulation 8(1)–
a
after “save that where” there shall be inserted “(a)”, and
b
after “regulation 7” there shall be inserted “, or (b) he had made an election under regulation G4(1) of the principal Regulations which was subsequently cancelled under paragraph (5) of that regulation,”.
6
After regulation 8(1) there shall be inserted the following paragraph:
1A
Paragraph (1) shall not have effect in relation to a regular policeman who has at any time made an election under regulation G4(1) of the principal Regulations which has not been cancelled under paragraph (5) of that regulation.
.
7
For regulation 8(2) there shall be substituted the following paragraph:
2
Subject to paragraph (3), where a regular policeman who has made an election under regulation 3 and paid a lump sum or commenced payment of periodical contributions in accordance with that election–
a
ceases to be a member of a police force in circumstances other than those set out in paragraph (1) and with no entitlement to an award by way of repayment of his aggregate pension contributions other than an award under paragraph 8 of Part I of Schedule J to the principal Regulations, or
b
makes an election under regulation G4(1) of the principal Regulations,
he shall be entitled to reckon–
i
in the case of a lump sum payment, all the additional benefits which he elected to purchase, and
ii
in the case of payment of periodical contributions, a proportion of such benefits determined in accordance with the formula referred to in sub-paragraph (b) of Part II of the Schedule.
.
Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
26th March 1990
We consent,
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1990


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1990 (Commencement No. 1) Order 1990.
2
In this Order, unless the context otherwises requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1990.
Appointed days
2
The day appointed for the coming into force of —
a
the provisions of the Social Security Act 1990 specified in Part I of the Schedule to this Order, is 18th July 1990;
b
Schedule 6, paragraph 10 (maternity allowance: contribution conditions for women paid otherwise than weekly) and section 21(1) (minor and consequential amendments) in so far as it relates to it, for the purpose only of authorising the making of regulations which are expressed to come into force on or after 28th October 1990, is 18th July 1990;
c
Schedule 6, paragraph 10 in so far as it is not already in force and section 21(1) in so far as it relates to it, is 28th October 1990;
d
Schedule 3 (the Pensions Ombudsman) and section 12(1) in so far as it relates to it, for the purpose only of authorising the making of regulations under section 59C(5) of the Social Security Pensions Act 1975 thereby inserted which are expressed to come into force on or after 1st October 1990, is 18th July 1990;
e
Schedule 3 (the Pensions Ombudsman) in so far as it is not already in force and section 12(1) in so far as it relates to it, is 1st October 1990;
f
Schedule 6, paragraph 25 (entitlement of women members of HM forces to statutory maternity pay) and section 21(1) in so far as it relates to it, is 5th August 1990 where the expected week of confinement is the week commencing 21st October 1990 or a later week;
g
section 11(3) — (6) (restriction on payments to employers out of pensions scheme resources) and section 11(1) for the purposes only of giving effect to section 11(3) is 17th August 1990;
h
the provisions of the Social Security Act 1990 specified in Part II of the Schedule to this Order, is 1st October 1990;
i
section 8 (liability to maintain dependants) is 15th October 1990.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
17th July 1990


text:
Citation and commencement
1
This Order may be cited as the Renfrew and City of Glasgow Districts (Cowan Park and Salterland Road) Boundaries Amendment Order 1990, and shall come into force on 1st June 1990.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map 1” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Cowan Park and Salterland Road) Boundaries Amendment Order 1990 Map 1” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Cowan Park and Salterland Road) Boundaries Amendment Order 1990 Map 2” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Those parts of the City of Glasgow District at Cowan Park and Salterland Road, being the areas A, B and C described in Part I of the Schedule to this Order and shown delineated, hatched and marked respectively “Area A” and “Area B” on boundary map 1 and “Area C” on boundary map 2, shall all be transferred to Renfrew District.
2
Part of Renfrew District at Salterland Road, being the area D described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area D” on boundary map 2, shall be transferred to the City of Glasgow District.
Consequential changes of electoral arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the area “A” transferred by article 4(1) of this Order)–
a
shall cease to form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 48 (Arden) of the City of Glasgow District ; and
b
shall form part of electoral division 79 (Barrhead) of Strathclyde Region and of ward 23 (Barrhead East) of Renfrew District .
2
Each of the areas B and C described in Part I of the Schedule to this Order (being the areas “B” and “C” transferred by article 4(1) of this Order)–
a
shall cease to form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 47 (South Nitshill) of the City of Glasgow District; and
b
shall form part of electoral division 79 (Barrhead) of Strathclyde Region and of ward 22 (Barrhead North) of Renfrew District.
3
Area D described in Part II of the Schedule to this Order (being the area “D” transferred by article 4(2) of this Order)–
a
shall cease to be part of electoral division 79 (Barrhead) of Strathclyde Region and of ward 22 (Barrhead North) of Renfrew District; and
b
shall form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 47 (South Nitshill) of the City of Glasgow District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
3rd May 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Sick Pay (Rate of Payment) Regulations 1990 and shall come into force on 6th April 1990, immediately following article 9 of the Social Security Benefits Up-Rating Order 1990.
2
In these Regulations, “the 1982 Act ” means the Social Security and Housing Benefits Act 1982.
Substitution of provisions in section 7(1) of the 1982 Act
2
For subsection (1)(a) to (b) of section 7 of the 1982 Act there shall be substituted the following provisions —
1
Statutory sick pay shall be payable by an employer at the weekly rate of —
a
£52.50, in a case where the employee’s normal weekly earnings under his contract of service with that employer are not less than £125; or
b
£39.25, in any other case.
.
Transitional Provisions
3
Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1990 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or are treated for the purposes of section 7(1) of te 1982 Act as not less than £84.00, they shall be treated for the purposes of that section as not less than £125.00 for the remainder of that period.
Revocation
4
The Statutory Sick Pay (Rate of Payment) Regulations 1987 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
13th February 1990


text:
Title and commencement
1
These Regulations may be cited as the Milk and Milk Products (Protection of Designations) Regulations 1990 and shall come into force on 11th April 1990.
Offence, penalties and enforcement
2
1
If any person contravenes article 3 of Council Regulation ( EEC ) No. 1898/87 rs) on the protection of designations used in marketing of milk and milk products, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2000.
2
Each food and drugs authority shall enforce and execute these Regulations in its area.
Defence
3
In any proceedings for an offence against these Regulations in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business.
Application of various provisions of the Food Act 1984
4
1
Subject to paragraph (2) of this regulation, the following provisions of the Food Act 1984 shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under that Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations–
a
section 95(5) and (6) (which relates to prosecutions);
b
section 97(1), (2) and (3) (which relates to evidence of analysis);
c
section 99 (which relates to the power of a court to require analysis by the Government Chemist);
d
section 100 (which relates to a contravention due to some person other than the person charged);
e
section 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence);
f
section 103 (which relates to offences in relation to warranties and certificates of analysis).
2
Section 99 of the Food Act 1984 shall apply for the purposes of these Regulations as if the reference therein to section 95(6) of that Act included a reference to that subsection as applied by paragraph (1) of this regulation.
Amendment of the Food Labelling Regulations 1984
5
Schedule 7 to the Food Labelling Regulations 1984 shall be amended by substituting for the entry therein relating to the word “milk” or any other word or description which implies that the food being described contains milk and for the immediately following entry relating to the word “milk” together with the corresponding conditions applying thereto the following entries:–
In column 1 (words and descriptions) In column 2 (conditions)
The word “milk” or any other word or description which implies that the food being described contains milk.
Shall not be used as part of the name of a food which contains the milk of an animal other than a cow, unless–
such milk has all the normal constituents in their natural proportions, and
the word or description is accompanied by the name of that animal; or
such milk has been subjected to a process or treatment, and
the word or description is accompanied by the name of that animal and an indication of that process or treatment; or
the word or description is used in accordance with any regulations made, or having effect as if made, under the Act or any order having effect as if contained in regulations so made.
The word “milk”.
Shall not be used as the name of an ingredient where the ingredient is the milk of an animal other than a cow, unless–
the word is accompanied by the name of the animal; and
the use of the word as the name of the ingredient complies in all other respects with these regulations.
.
Repeals and revocations
6
The Act and Regulations specified in the first and second columns of the Schedule to these Regulations are hereby repealed or revoked to the extent specified in relation thereto in the third column of that Schedule.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
6th March 1990
Peter Walker
Secretary of State for Wales
12th March 1990


text:
Citation
1
1
This Order may be cited as the Social Security Act 1989 (Commencement No. 4) Order 1990.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1989.
Appointed days
2
The day appointed for the coming into force of–
a
Schedule 4, paragraph 15(1)(a)(i) and (b) (recovery from damages etc. of sums equivalent to benefits) and section 22(7) so far as it relates to it, for the purpose only of authorising the making of regulations expressed to come into force on 9th July 1990, is 25th January 1990;
b
the repeal in Schedule 9, and section 31(2) so far as it relates to it, of section 4(4) of the Social Security (Contributions) Act 1982 (annual review of contribu tions) is 1st February 1990; and
c
Schedule 4, paragraph 21, in so far as not already in force, and section 22(7) so far as it relates to it, is 9th July 1990.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
24th January 1990


text:
1
1
These Regulations may be cited as the Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 1990 and shall come into force on 11th October 1990.
2
These Regulations shall not apply in the case of an application for a licence made before the coming into force of these Regulations.
2
The Schedule to the Operation of Public Service Vehicles (Partnership) Regulations 1986 shall be amended as follows: —
a
In the entry in column (2) relating to section 14(1) of the Public Passenger Vehicles Act 1981 (“the 1981 Act ”) for paragraph (c) there shall be substituted the following paragraph: —
c
either —
i
if one or more of those persons manage the road transport business carried on by the firm, he, or each of them, is professionally competent, or
ii
the firm employs a transport manager or transport managers who, or each of whom, is of good repute and professionally competent
.
b
In the entry in column (2) relating to section 17(1) of the 1981 Act for paragraph (c) there shall be substituted the following paragraph: —
c
in a case where the requirement as to professional competence is satisfied by one or more of those persons who manage the road transport business carried on by the firm, he, or each of them, ceases to do so, or in a case where the firm employs a transport manager or transport managers such manager, or any of them, ceases to be of good repute, or in a case where the firm relies upon the employment of a single transport manager to satisfy the requirement as to professional competence, that transport manager ceases to be employed by the firm.
c
After the entry relating to paragraph 1 of Schedule 3 to the 1981 Act there shall be inserted in column (1) the words “paragraph 2” and in column (2) the following entry: —
The provisions as regards determining whether the applicant for, or holder of, a licence is of appropriate financial standing apply, in the case of persons in partnership, to the financial standing of the firm.
d
In the entry in column (2) relating to paragraph 3 of Schedule 3 to the 1981 Act for the words “it has a transport manager of its road passenger transport business who is of good repute and professionally competent” there shall be substituted the words “it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent” and for paragraphs (i) and (ii) there shall be substituted the following paragraphs —
i
if one or more of those persons manage the road transport business carried on by the partnership, he, or each of them, is professionally competent, or
ii
the firm employs a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent.
e
For the entry in Column (2) relating to paragraph 5 of Schedule 3 to the 1981 Act there shall be substituted the following entry: —
In a case where one or more persons in partnership manage the road transport business carried on by the firm, or the firm employs a transport manager or transport managers, this paragraph shall apply (a) as regards one such person or a single transport manager employed by the firm as it applies as regards a single transport manager, and (b) as regards two or more such persons, or two or more transport managers employed by the firm, as it applies as regards two or more transport managers employed by a company.
Cecil Parkinson
Secretary of State for Transport
30th August 1990


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) Order 1990.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 2) Order 1989 and the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1989 are revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 and Schedule 2 thereto and substituting therefor the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 The Kingdom of the Netherlands — 1st September 1990 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20th MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
The Republic of Austria — 1st August 1986 The Kingdom of Belgium — 1st August 1986 The Republic of Cyprus — 1st October 1986 The French Republic — 1st August 1986 The Grand Duchy of Luxembourg — 1st August 1986 The Kingdom of the Netherlands — 1st September 1990 Norway — 1st May 1989 The Portuguese Republic — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 The Swiss Confederation — 1st August 1986
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wirral Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wirral Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Wirral Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at Clatterbridge Hospital, Bebington, Wirral, Merseyside L63 4JY and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Wirral Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Wirral Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Wirral Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 4) Order 1990.
2
In this Order “ the Act ” means the Local Government and Housing Act 1989.
3
Section 194(1) of the Act, insofar as it relates to paragraph 4 of Schedule 11, shall come into force on 26th February 1990.
4
Section 164 of the Act shall come into force on 1st March 1990.
5
1
Section 165(3) to (9) of the Act and section 194(4), insofar as it relates to the repeal of sections 312 to 314 of, and Schedule 12 to, the Housing Act 1985 shall come into force on 1st March 1990.
2
The repeal mentioned in paragraph (1) above does not have effect in relation to any financial year beginning before 1st April 1990.
Chris Patten
Secretary of State for the Environment
5th February 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
5th February 1990