Superannuation (Miscellaneous Provisions) Act 1967

Subject to subsection (2) of this section, the Superannuation Act 1965 shall have effect as if in section 18(1) (which provides for the grant of gratuities or allowances where civil servants and others suffer injury or disease in certain circumstances) after paragraph (a) (which deals with injuries suffered in the actual discharge of duty where the injury is specifically attributable to the nature of the duty) there were inserted the following paragraph:—.

No warrant of the Treasury under the said section 18 shall permit the award of a gratuity or allowance by virtue of subsection (1) of this section—

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Sections 25(3) and 26(2) of the Superannuation Act 1965 (which relate to the computation of service and reduction of retiring age in certain cases), and the definition of " retiring age " in section 99(1) of that Act, shall have effect, and be deemed always to have had effect, with the substitution for the words " sections 7 and 10 " of the words " sections 7, 10, 45(3) and 46(1)".

Where, in the case of any person who after the passing of this Act becomes the holder of an office to which this section applies, there is payable to that person any pension in respect of any other public office in the United Kingdom to which he had previously been appointed or elected, then, subject to subsection (2) of this section, the remuneration which would apart from this section be payable to that person as holder of the first-mentioned office shall be abated by the amount of that pension.

Where the Treasury are satisfied that the office to which this section applies held by any such person is held on a part-time basis only, the reference in subsection (1) of this section to the amount of the pension there referred to shall be construed as a reference to such amount as appears to the Treasury to bear to the full amount of that pension the same proportion as the remuneration payable to that person as the holder of that office bears to what that remuneration would have been if the office had been held on a full-time basis.

For the purpose of computing the pension payable to any such person in respect of the office to which this section applies held by him and any derivative benefit within the meaning of the Administration of Justice (Pensions) Act 1950 which depends upon his eligibility for such a pension, the amount of that person's annual remuneration as the holder of that office shall, notwithstanding that the remuneration is abated by reason of this section, be treated as the amount which would be payable apart from this section and not the amount as so abated.

This section applies to the following judicial and related offices, that is to say—

Subsection (3) of section 1 of the Governors' Pensions Act 1957 (which specifies the circumstances in which a Governor is eligible for a pension under that Act) shall have effect subject to the following amendment (being an amendment to remove any doubt arising from the provision made by subsection (2) of that section that references in that Act to a Governor include, except where the context otherwise requires, references to a person who has been a Governor), that is to say, for paragraphs (a) to (c) of the said subsection (3) there shall be substituted the following:—

For the purposes of the grant of a pension under the said Act of 1957 to a Governor who is eligible therefor by reason of the abolition of his office, his office shall be deemed not to have been abolished until the termination of any period of leave to which he had become entitled while in office and in respect of which he is paid a salary attributable to his service as a Governor by the government of the territory of which he was a Governor.

For the purposes of section 2(2) of the said Act of 1957 (which provides, in the case of a Governor who was previously employed in the oversea civil service, for calculating his pension by reference to the completed months of his service in the oversea civil service as well as of his service as a Governor), no account shall be taken of any period of service in the oversea civil service in respect of which he was in receipt of a pension during his service as a Governor.

In section 4 of the said Act of 1957 (which relates to a case where a person to whom a pension has been granted under that Act becomes entitled to any salary or emolument in respect of certain public employment) for the words from " the pension " onwards (which provide for the pension to be reduced by one-half of the amount of any such salary or emolument other than another pension) there shall be substituted the words " then, unless or except to the extent that the Secretary of State with the consent of the Treasury determines otherwise—

Where, in pursuance of rules under section 14 of the said Act of 1957 (which relates to the allocation of part of a pension under that Act to a spouse or dependant), a person has surrendered a part of a pension granted to him under that Act in return for the benefits of the rules, then, if for any period the amount of the pension payable apart from the surrender is, by virtue of section 4 of that Act, less than the amount of the part surrendered, the Treasury shall be entitled to recover from that person in respect of that period, whether by deduction from his salary or emolument in the employment by reason of which the pension is reduced under the said section 4 or otherwise, an amount equal to the part so surrendered or, as the case may be, to the difference between that part and so much of the pension as, apart from the surrender, is payable for that period.

Where a Governor who is, or subject to attaining the age of fifty will be, eligible for a pension under the said Act of 1957 becomes employed in the home civil service in an established capacity within twelve months or such longer period as the Treasury may in any particular case allow after ceasing to serve as a Governor, he may elect that, instead of his being granted a pension under the said Act of 1957, the Superannuation Act 1965 shall apply to him as if his service as a Governor had been passed in the home civil service.

An order by the Treasury under subsection (3) of section 3 or subsection (2) of section 9 of the said Act of 1957 specifying for the purposes of the said section 3 or 9 another sum to be substituted for that referred to in subsections (1) and (2) of the said section 3 or, as the case may be, in subsection (1) of the said section 9 in connection with the maximum amount of a Governor's pension or of the gratuity payable in respect of a Governor's death, as the case may be, may be made so as to have effect from a date earlier than the date of the making of the order.

Any expression used in this section which is also used in the said Act of 1957 shall have the same meaning for the purposes of this section as it has for the purposes of that Act.

There shall be paid out of moneys provided by Parliament in respect of services rendered by any person before 15th May 1948 in the employment of the government of the former mandated territory of Palestine—

There may be made good out of moneys provided by Parliament any income tax for which relief has not otherwise been given which is deducted under the law of Pakistan from any pension which, under section 272 of the Government of India Act 1935, was to be exempt from taxation imposed by or under the laws there referred to.

Any payment under subsection (1) or (2) of this section after the passing of this Act shall be made by the Minister of Overseas Development.

Subsection (1) of this section shall be deemed to have come into force on 15th May 1948; and subsection (2) of this section shall be deemed to have come into force on 1st April 1956.

The provisions of subsections (2) and (3) of this section shall have effect with respect to regulations under section 67(1) of the National Health Service Act 1946 (which relates to the provision of superannuation benefits).

Where on the death of any person any sum not exceeding £500 is due to or in respect of that person under the regulations, the Minister of Health (hereafter in this section referred to as " the Minister") may dispense with proof of the title of the personal representatives of that person and pay that sum to the person, or to or among any one or more of any persons, appearing to the Minister on such evidence as he deems satisfactory to be entitled by law to a beneficial interest therein, or in the case of the illegitimacy of the deceased person or his children to or among such persons as the Minister may think fit, and any person to whom such a payment is made, and not the Minister, shall thereafter be liable to account for any amount so paid; and this subsection shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 substituting for references to £500 references to such higher amount as may be specified in the order.

Where under the regulations any question is referred to the Minister for determination, then, at any stage of the proceedings on that reference, the Minister may (and if so directed by the High Court shall) state in the form of a special case for determination by the High Court any question of law arising in those proceedings; and where such a case is so stated an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal.

Section 18(2) of the National Health Service (Amendment) Act 1949 (which provides that the terms and conditions on which officers of certain hospitals may be admitted to participate in the superannuation benefits provided under such regulations as are mentioned in subsection (1) of this section shall be designed to secure that the aggregate payments made by the governing body of the hospital and by the officers are equivalent to the sums paid out of moneys provided by Parliament in respect of the superannuation benefits provided for the officers) is hereby repealed.

The foregoing provisions of this section shall apply to Scotland with the substitution— and as if for subsection (3) there were substituted the following:—

The Secretary of State (hereafter in this section referred to as “the Minister”) may direct that regulations made under section 10 of the Superannuation Act 1972 shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction— or to any class so specified of such persons, as if the person, or any person of the class, so specified were, within the meaning of the said regulations, an officer in the employment of an employing authority, and in that event the regulations shall apply accordingly and any scheme under section 1 of the said Act of 1972, if otherwise applicable, shall not apply, or shall cease to apply, to that person.

Where any person while continuing in or, within twelve months after leaving employment in which he was entitled to participate in superannuation benefits provided under the said section 10 (any period spent by that person on an approved course of study or training within the meaning of regulations made under that section being left out of account), enters such other employment as may be approved by the Minister for the purposes of this subsection, the Minister may direct that regulations so made shall, subject to such modifications as may be provided in the direction, apply to that person as if, while in that other employment, he were, within the meaning of those regulations, an officer in the employment of an employing authority, and in that event those regulations shall apply accordingly.

A direction under subsection (1) or (2) of this section 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 the said subsection (2), was not given until after that date.

A direction given, or deemed under subsection (6) of this section to have been given, under subsection (1) or (2) of this section shall not be varied or revoked by a subsequent direction so as to exclude from the benefits provided under the said section 10 any person previously entitled thereto unless— and where the 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.

The foregoing provisions of this section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for references to the National Health Service Act 2006 . . . of references . . . to the National Health Service (Scotland) Act 1978 . . .

The following provisions are hereby repealed or revoked, namely— but any direction or approval given, or having effect as if given, under any of those provisions and in force immediately before the commencement of this section shall be deemed to have been given under and for the purposes of the corresponding provision of this section.

If regulations under section 67(1) of the National Health Service Act 1946 require the Minister of Health (hereafter in this section referred to as " the Minister ") to take into account, as against any sums otherwise payable under the regulations, the amount, or such amount, if any, as he considers reasonable, of any damages in respect of the injury, disease or death in consequence of which payments are made under the regulations, being damages which he is satisfied have been or will be recovered by or on behalf of the recipient of those payments, and any of those payments are made before the right to or amount of such damages is finally determined, then if and when a right to and the amount of such damages is finally determined the Minister shall have the right to recover from the recipient an amount not exceeding—

So far as any amount recoverable under this section represents a payment made by the Minister from which income tax has been deducted before the payment, the proper allowance shall be made in respect of the amount so deducted, and in this section the expression " 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.

No proceedings shall be brought to recover any amount under this section—

A certificate issued by the Minister and stating the date on which the final determination of a right to and of the amount of any damages first came to his knowledge shall be admissible in any proceedings as sufficient evidence of that date.

The provisions of this section are without prejudice to any right of the Minister under any such regulations as aforesaid to take damages into account by withholding or reducing any further sums otherwise payable to the recipient of payments under the regulations.

This section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for the reference to section 67(1) of the said Act of 1946 of a reference to section 66(1) of the National Health Service (Scotland) Act 1947.

The Minister of Labour may from time to time make to the Treasury, as respects any holder on a full-time basis of any of the following offices established by regulations under section 12 of the Industrial Training Act 1964 and remunerated, apart from any allowances, on an annual basis, namely— a recommendation that the Treasury shall pay to that holder (hereafter in this section referred to as " the pensioner ") out of moneys provided by Parliament an annual sum by way of superannuation allowance calculated in accordance with subsection (3) of this section.

No such allowance shall be payable unless—

The said annual sum shall be a sum not exceeding such proportion of the pensioner's last annual remuneration (apart from any allowances) as in the following Table corresponds with the number of the pensioner's completed years of relevant service. Years of service Fraction of remuneration Less than 5 six-fortieths 5 ten-fortieths 6 eleven-fortieths 7 twelve-fortieths 8 thirteen-fortieths 9 fourteen-fortieths 10 fifteen-fortieths 11 sixteen-fortieths 12 seventeen-fortieths 13 eighteen-fortieths 14 nineteen-fortieths 15 or more twenty-fortieths

In this section the expression " relevant service " means service on a full-time basis as holder of any of the offices referred to in subsection (1) of this section (including such service remunerated otherwise than on an annual basis) or service in any such other capacity under the Crown as may be prescribed by regulations made by the Treasury ; and regulations under this subsection shall be made by statutory instrument and—

The decision of the Treasury shall be final on any question arising as to—

Sections 2 to 8 of the Administration of Justice (Pensions) Act 1950 (which provide for the payment of lump sums on retirement or death and of widows' and children's pensions in the case of persons eligible for pensions for service in any of the capacities listed in Schedule 1 to that Act) shall have effect as if—

Where the rate of the superannuation allowance payable to any person under subsection (1) of this section is or would be increased by virtue of regulations made under subsection (4) of this section in respect of relevant service in some capacity other than as holder of one of the offices referred to in subsection (1) of this section, and a pension payable to him wholly in respect of service in that other capacity would have been paid and borne otherwise than out of moneys provided by Parliament, any pension benefits paid to or in respect of him as having been the holder of such an office shall, to such extent as the Treasury may determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in like manner as that in which a pension payable to him wholly in respect of service in that other capacity would have been paid and borne.

In this section, the expression " pension " includes any superannuation or other retiring allowance or gratuity, and the expression " pensionable " shall be construed accordingly, and the expression " pension benefits " includes benefits payable to or in respect of the pensioner by virtue of subsection (6) of this section.

For the purposes of section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 (under which rules may be made with respect to the pension payable to or in respect of a person who has been employed in an employment of one of the classes specified in subsection (2) of that section and becomes employed in a different employment), employment in the descriptions of service as teachers referred to in paragraph (e) of that subsection shall be treated as employments of different classes instead of as employment of the same class, and the enactments specified in subsections (2) to (5) of this section shall accordingly have effect subject to the amendments so specified.

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In subsection (3) of the said section 2 (which specifies the appropriate Minister for the purposes of any class of employment specified in subsection (2) of that section), as amended by Schedule 1 to the Overseas Service Act 1958, for paragraphs (v) and (vi) there shall be substituted the following:—; and so much of the said Schedule as amends the said subsection (3) is hereby repealed.

In subsection (4) of the said section 2, for paragraph (b) there shall be substituted the following:—; and paragraph (d) of the said subsection (4) and so much of Schedule 1 to the said Act of 1958 as amends that subsection are hereby repealed.

In section 17(1) of the said Act of 1948, for the definition of Scottish Teachers Superannuation Scheme there shall be substituted the following definition— “ “Scottish Teachers Superannuation Scheme” means the Teachers Superannuation Scheme and the Teachers (Superannuation) Regulations as those expressions are defined in section 145(47) and (48) of the Education (Scotland) Act 1962. ”

In section 2(4)(a) of the said Act of 1948 (which, in the case of a person changing his employment who has recieved any payment in respect of his pension rights upon ceasing to be employed in his former employment, enables rules to require payments by that person equal to all or any of the amounts so recieved) at the end there shall be inserted the words “ with or without interest on those amounts for the whole or any part of the period since he received them ”.

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Where— then, in lieu of the provision with respect to any pension payable to that person made by paragraph (b) of the proviso to the said section 10(1), there shall be deemed as from that date to have been payable by or to such police pension authority, or to the Treasury, or out of moneys provided by Parliament, as the case may require, such transfer value or values as the Treasury may direct, regard being had to the period of service and the pay received by that person in each respectively of those capacities.

In this section “ police pension authority ” means—

The provisions of this section shall have effect with a view to the transfer from the Secretary of State to the Minister of Overseas Development of certain functions with respect to pensions to or in respect of persons who are or have been—

The following references to the Secretary of State shall be construed as references to either the Secretary of State or the Minister aforesaid, namely—

Any functions of the Secretary of State under the Police Pensions Act 1921 exercisable by virtue of any of the following instruments, namely— are hereby transferred to the Minister aforesaid.

Where a statutory instrument containing a scheme under section 26 of the Fire Services Act 1947 or regulations under section 1 of the Police Pensions Act 1948 is made before the expiration of the period of twelve months beginning with the date of the passing of this Act and contains a statement that the scheme is, or, as the case may be, that the regulations are, made solely in connection with a transfer of functions in accordance with this section, then, notwithstanding anything in any other Act, the scheme or regulations may make provision with respect to a pension to or in respect of any person notwithstanding that the person in question ceased to be in the relevant service or employment, or died, before the date of the coming into operation of the scheme or regulations.

Regulations made by the Secretary of State under section 52 of the Police Act 1996 (which relates to regulations for police cadets) may include provision— (2) Regulations under subsection (1) of this section may provide for the reduction or withholding of awards under the regulations in cases where awards are provided for in respect of the same matters under any of the enactments relating to . . . social security.

Nothing in subsection (1) of this section shall affect the operation of the National Insurance Acts 1965 and 1966 or the National Insurance (Industrial Injuries) Acts 1965 and 1966, but regulations made by virtue of that subsection may provide for the reduction or withholding of awards under the regulations in cases where awards are provided for in respect of the same matters under any of those Acts.

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The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.

The Secretary of State may with the consent of the Minister for the Civil Service by regulations provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under this section, or of transfers between service as a member of the metropolitan civil staffs and other service, or for any connected purpose, as the case may be— and any such adaptations may be either general adaptations applicable to all the civil service provisions, whether or not passed or made at the date of the making of the regulations, or particular adaptations of particular provisions.

The Commissioner of Police of the Metropolis shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by the Commissioner.

Regulations under subsection (3) of this section may be made so as to have effect as from any date not earlier than the date of the coming into force of the civil service provision in question, notwithstanding that the regulations are made after that date.

The Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis, may, to such extent and subject to such conditions as that Office or Commissioner thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

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Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament.

Subsection (2B) above does not apply for the purposes of—

Nothing in this section shall affect any pension or other benefit granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 before the appointed day, and accordingly any such pension or other benefit shall be paid by the Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis.

Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices of the Peace Act 1997, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member, for the purposes of transfers (whether before, on or after the appointed day) between service as such a member and other service (not being service in the the civil service of the State), or for any connected purpose, as they have effect for the purposes of the grant by the Treasury ou t of moneys provided by Parliament or out of the Consolidated Fund of pensions or other benefits to or in respect of persons in the civil service of the State, for the purposes of transfers between that service and any other service (not being service as a member of the metropolitan civil staffs), or of any corresponding connected purpose, as the caes may be, and as if employment as a member of the metropolitan civil staffs were employment in a public department.

As from the appointed day the following provisions are hereby repealed or revoked, namely—

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The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.

The Commissioner of Police of the Metropolis shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by the Commissioner.

The Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis, may, to such extent and subject to such conditions as that Office or Commissioner thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

Subsection (2B) above does not apply for the purposes of—

Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices of the Peace Act 1997, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member for the purposes of transfers (whether before, on or after the appointed day) between service as such a member and other service (not being service in the civil service of the State), or for any connected purpose, as they have effect for the purposes of the grant by the Treasury out of moneys provided by Parliament or out of the Consolidated Fund of pensions or other benefits to or in respect of persons in the civil service of the State, for the purposes of transfers between that sevice and any other service (not being service as a member of the metropolitan civil staffs), or for any corresponding connected purpose, as the case may be, and as if employment as a memebr of the metropolitan civil staffs were employment in a public department.

The Secretary of State may with the consent of the Minister for the Civil Service by regulations provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under this section, or of transfers between service as a member of the metropolitan civil staffs and other service, or for any connected purpose, as the case may be— and any such adaptations may be either general adaptations applicable to all the civil service provisions, whether or not passed or made at the date of the making of the regulations, or particular adaptations of particular provisions.

Regulations under subsection (3) of this section may be made so as to have effect as from any date not earlier than the date of the coming into force of the civil service provision in question, notwithstanding that the regulations are made after that date.

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Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament.

Nothing in this section shall affect any pension or other benefit granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 before the appointed day, and accordingly any such pension or other benefit shall be paid by the Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis.

As from the appointed day the following provisions are hereby repealed or revoked, namely—

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As respects any accounting period within the meaning of Schedule 1 to the Teachers' Superannuation Act 1967 or Schedule 6 to the Education (Scotland) Act 1962 beginning on or after 1st April 1961—

Section 144(2) and (3) of the said Act of 1962 shall not apply to any regulations made under that Act by virtue of the foregoing subsection, but before making any such regulations the Secretary of State shall consult with representatives of education authorities and of teachers appearing to him to be likely to be affected by them.

This Act may be cited as the Superannuation (Miscellaneous Provisions) Act 1967.

The Superannuation Act 1965 and sections 1 and 2(2) and (3) of this Act may be cited together as the Superannuation Acts 1965 and 1967.

The Governors’ Pensions Act 1957 and section 4 of this Act may be cited together as the Governors’ Pensions Acts 1957 and 1967.

Section 7 of this Act—

Save where the context otherwise requires, any reference in this Act to any enactment or instrument shall be construed as a reference to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument, including any enactment contained in this Act.

Subject to subsection (2) of this section, the Superannuation Act 1965 shall have effect as if in section 18(1) (which provides for the grant of gratuities or allowances where civil servants and others suffer injury or disease in certain circumstances) after paragraph (a) (which deals with injuries suffered in the actual discharge of duty where the injury is specifically attributable to the nature of the duty) there were inserted the following paragraph:—.

No warrant of the Treasury under the said section 18 shall permit the award of a gratuity or allowance by virtue of subsection (1) of this section—

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Sections 25(3) and 26(2) of the Superannuation Act 1965 (which relate to the computation of service and reduction of retiring age in certain cases), and the definition of " retiring age " in section 99(1) of that Act, shall have effect, and be deemed always to have had effect, with the substitution for the words " sections 7 and 10 " of the words " sections 7, 10, 45(3) and 46(1)".

Where, in the case of any person who after the passing of this Act becomes the holder of an office to which this section applies, there is payable to that person any pension in respect of any other public office in the United Kingdom to which he had previously been appointed or elected, then, subject to subsection (2) of this section, the remuneration which would apart from this section be payable to that person as holder of the first-mentioned office shall be abated by the amount of that pension.

Where the Treasury are satisfied that the office to which this section applies held by any such person is held on a part-time basis only, the reference in subsection (1) of this section to the amount of the pension there referred to shall be construed as a reference to such amount as appears to the Treasury to bear to the full amount of that pension the same proportion as the remuneration payable to that person as the holder of that office bears to what that remuneration would have been if the office had been held on a full-time basis.

For the purpose of computing the pension payable to any such person in respect of the office to which this section applies held by him and any derivative benefit within the meaning of the Administration of Justice (Pensions) Act 1950 which depends upon his eligibility for such a pension, the amount of that person's annual remuneration as the holder of that office shall, notwithstanding that the remuneration is abated by reason of this section, be treated as the amount which would be payable apart from this section and not the amount as so abated.

This section applies to the following judicial and related offices, that is to say—

Subsection (3) of section 1 of the Governors' Pensions Act 1957 (which specifies the circumstances in which a Governor is eligible for a pension under that Act) shall have effect subject to the following amendment (being an amendment to remove any doubt arising from the provision made by subsection (2) of that section that references in that Act to a Governor include, except where the context otherwise requires, references to a person who has been a Governor), that is to say, for paragraphs (a) to (c) of the said subsection (3) there shall be substituted the following:—

For the purposes of the grant of a pension under the said Act of 1957 to a Governor who is eligible therefor by reason of the abolition of his office, his office shall be deemed not to have been abolished until the termination of any period of leave to which he had become entitled while in office and in respect of which he is paid a salary attributable to his service as a Governor by the government of the territory of which he was a Governor.

For the purposes of section 2(2) of the said Act of 1957 (which provides, in the case of a Governor who was previously employed in the oversea civil service, for calculating his pension by reference to the completed months of his service in the oversea civil service as well as of his service as a Governor), no account shall be taken of any period of service in the oversea civil service in respect of which he was in receipt of a pension during his service as a Governor.

In section 4 of the said Act of 1957 (which relates to a case where a person to whom a pension has been granted under that Act becomes entitled to any salary or emolument in respect of certain public employment) for the words from " the pension " onwards (which provide for the pension to be reduced by one-half of the amount of any such salary or emolument other than another pension) there shall be substituted the words " then, unless or except to the extent that the Secretary of State with the consent of the Treasury determines otherwise—

Where, in pursuance of rules under section 14 of the said Act of 1957 (which relates to the allocation of part of a pension under that Act to a spouse or dependant), a person has surrendered a part of a pension granted to him under that Act in return for the benefits of the rules, then, if for any period the amount of the pension payable apart from the surrender is, by virtue of section 4 of that Act, less than the amount of the part surrendered, the Treasury shall be entitled to recover from that person in respect of that period, whether by deduction from his salary or emolument in the employment by reason of which the pension is reduced under the said section 4 or otherwise, an amount equal to the part so surrendered or, as the case may be, to the difference between that part and so much of the pension as, apart from the surrender, is payable for that period.

Where a Governor who is, or subject to attaining the age of fifty will be, eligible for a pension under the said Act of 1957 becomes employed in the home civil service in an established capacity within twelve months or such longer period as the Treasury may in any particular case allow after ceasing to serve as a Governor, he may elect that, instead of his being granted a pension under the said Act of 1957, the Superannuation Act 1965 shall apply to him as if his service as a Governor had been passed in the home civil service.

An order by the Treasury under subsection (3) of section 3 or subsection (2) of section 9 of the said Act of 1957 specifying for the purposes of the said section 3 or 9 another sum to be substituted for that referred to in subsections (1) and (2) of the said section 3 or, as the case may be, in subsection (1) of the said section 9 in connection with the maximum amount of a Governor's pension or of the gratuity payable in respect of a Governor's death, as the case may be, may be made so as to have effect from a date earlier than the date of the making of the order.

Any expression used in this section which is also used in the said Act of 1957 shall have the same meaning for the purposes of this section as it has for the purposes of that Act.

There shall be paid out of moneys provided by Parliament in respect of services rendered by any person before 15th May 1948 in the employment of the government of the former mandated territory of Palestine—

There may be made good out of moneys provided by Parliament any income tax for which relief has not otherwise been given which is deducted under the law of Pakistan from any pension which, under section 272 of the Government of India Act 1935, was to be exempt from taxation imposed by or under the laws there referred to.

Any payment under subsection (1) or (2) of this section after the passing of this Act shall be made by the Minister of Overseas Development.

Subsection (1) of this section shall be deemed to have come into force on 15th May 1948; and subsection (2) of this section shall be deemed to have come into force on 1st April 1956.

The provisions of subsections (2) and (3) of this section shall have effect with respect to regulations under section 67(1) of the National Health Service Act 1946 (which relates to the provision of superannuation benefits).

Where on the death of any person any sum not exceeding £500 is due to or in respect of that person under the regulations, the Minister of Health (hereafter in this section referred to as " the Minister") may dispense with proof of the title of the personal representatives of that person and pay that sum to the person, or to or among any one or more of any persons, appearing to the Minister on such evidence as he deems satisfactory to be entitled by law to a beneficial interest therein, or in the case of the illegitimacy of the deceased person or his children to or among such persons as the Minister may think fit, and any person to whom such a payment is made, and not the Minister, shall thereafter be liable to account for any amount so paid; and this subsection shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 substituting for references to £500 references to such higher amount as may be specified in the order.

Where under the regulations any question is referred to the Minister for determination, then, at any stage of the proceedings on that reference, the Minister may (and if so directed by the High Court shall) state in the form of a special case for determination by the High Court any question of law arising in those proceedings; and where such a case is so stated an appeal to the Court of Appeal from the determination by the High Court shall lie only with the leave of the High Court or of the Court of Appeal.

Section 18(2) of the National Health Service (Amendment) Act 1949 (which provides that the terms and conditions on which officers of certain hospitals may be admitted to participate in the superannuation benefits provided under such regulations as are mentioned in subsection (1) of this section shall be designed to secure that the aggregate payments made by the governing body of the hospital and by the officers are equivalent to the sums paid out of moneys provided by Parliament in respect of the superannuation benefits provided for the officers) is hereby repealed.

The foregoing provisions of this section shall apply to Scotland with the substitution— and as if for subsection (3) there were substituted the following:—

The Secretary of State (hereafter in this section referred to as “the Minister”) may direct that regulations made under section 10 of the Superannuation Act 1972 shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction— or to any class so specified of such persons, as if the person, or any person of the class, so specified were, within the meaning of the said regulations, an officer in the employment of an employing authority, and in that event the regulations shall apply accordingly and any scheme under section 1 of the said Act of 1972, if otherwise applicable, shall not apply, or shall cease to apply, to that person.

Where any person while continuing in or, within twelve months after leaving employment in which he was entitled to participate in superannuation benefits provided under the said section 10 (any period spent by that person on an approved course of study or training within the meaning of regulations made under that section being left out of account), enters such other employment as may be approved by the Minister for the purposes of this subsection, the Minister may direct that regulations so made shall, subject to such modifications as may be provided in the direction, apply to that person as if, while in that other employment, he were, within the meaning of those regulations, an officer in the employment of an employing authority, and in that event those regulations shall apply accordingly.

A direction under subsection (1) or (2) of this section 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 the said subsection (2), was not given until after that date.

A direction given, or deemed under subsection (6) of this section to have been given, under subsection (1) or (2) of this section shall not be varied or revoked by a subsequent direction so as to exclude from the benefits provided under the said section 10 any person previously entitled thereto unless— and where the 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.

The foregoing provisions of this section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for references to the National Health Service Act 2006 . . . of references . . . to the National Health Service (Scotland) Act 1978 . . .

The following provisions are hereby repealed or revoked, namely— but any direction or approval given, or having effect as if given, under any of those provisions and in force immediately before the commencement of this section shall be deemed to have been given under and for the purposes of the corresponding provision of this section.

If regulations under section 67(1) of the National Health Service Act 1946 require the Minister of Health (hereafter in this section referred to as " the Minister ") to take into account, as against any sums otherwise payable under the regulations, the amount, or such amount, if any, as he considers reasonable, of any damages in respect of the injury, disease or death in consequence of which payments are made under the regulations, being damages which he is satisfied have been or will be recovered by or on behalf of the recipient of those payments, and any of those payments are made before the right to or amount of such damages is finally determined, then if and when a right to and the amount of such damages is finally determined the Minister shall have the right to recover from the recipient an amount not exceeding—

So far as any amount recoverable under this section represents a payment made by the Minister from which income tax has been deducted before the payment, the proper allowance shall be made in respect of the amount so deducted, and in this section the expression " 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.

No proceedings shall be brought to recover any amount under this section—

A certificate issued by the Minister and stating the date on which the final determination of a right to and of the amount of any damages first came to his knowledge shall be admissible in any proceedings as sufficient evidence of that date.

The provisions of this section are without prejudice to any right of the Minister under any such regulations as aforesaid to take damages into account by withholding or reducing any further sums otherwise payable to the recipient of payments under the regulations.

This section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for the reference to section 67(1) of the said Act of 1946 of a reference to section 66(1) of the National Health Service (Scotland) Act 1947.

The Minister of Labour may from time to time make to the Treasury, as respects any holder on a full-time basis of any of the following offices established by regulations under section 12 of the Industrial Training Act 1964 and remunerated, apart from any allowances, on an annual basis, namely— a recommendation that the Treasury shall pay to that holder (hereafter in this section referred to as " the pensioner ") out of moneys provided by Parliament an annual sum by way of superannuation allowance calculated in accordance with subsection (3) of this section.

No such allowance shall be payable unless—

The said annual sum shall be a sum not exceeding such proportion of the pensioner's last annual remuneration (apart from any allowances) as in the following Table corresponds with the number of the pensioner's completed years of relevant service. Years of service Fraction of remuneration Less than 5 six-fortieths 5 ten-fortieths 6 eleven-fortieths 7 twelve-fortieths 8 thirteen-fortieths 9 fourteen-fortieths 10 fifteen-fortieths 11 sixteen-fortieths 12 seventeen-fortieths 13 eighteen-fortieths 14 nineteen-fortieths 15 or more twenty-fortieths

In this section the expression " relevant service " means service on a full-time basis as holder of any of the offices referred to in subsection (1) of this section (including such service remunerated otherwise than on an annual basis) or service in any such other capacity under the Crown as may be prescribed by regulations made by the Treasury ; and regulations under this subsection shall be made by statutory instrument and—

The decision of the Treasury shall be final on any question arising as to—

Sections 2 to 8 of the Administration of Justice (Pensions) Act 1950 (which provide for the payment of lump sums on retirement or death and of widows' and children's pensions in the case of persons eligible for pensions for service in any of the capacities listed in Schedule 1 to that Act) shall have effect as if—

Where the rate of the superannuation allowance payable to any person under subsection (1) of this section is or would be increased by virtue of regulations made under subsection (4) of this section in respect of relevant service in some capacity other than as holder of one of the offices referred to in subsection (1) of this section, and a pension payable to him wholly in respect of service in that other capacity would have been paid and borne otherwise than out of moneys provided by Parliament, any pension benefits paid to or in respect of him as having been the holder of such an office shall, to such extent as the Treasury may determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in like manner as that in which a pension payable to him wholly in respect of service in that other capacity would have been paid and borne.

In this section, the expression " pension " includes any superannuation or other retiring allowance or gratuity, and the expression " pensionable " shall be construed accordingly, and the expression " pension benefits " includes benefits payable to or in respect of the pensioner by virtue of subsection (6) of this section.

For the purposes of section 2 of the Superannuation (Miscellaneous Provisions) Act 1948 (under which rules may be made with respect to the pension payable to or in respect of a person who has been employed in an employment of one of the classes specified in subsection (2) of that section and becomes employed in a different employment), employment in the descriptions of service as teachers referred to in paragraph (e) of that subsection shall be treated as employments of different classes instead of as employment of the same class, and the enactments specified in subsections (2) to (5) of this section shall accordingly have effect subject to the amendments so specified.

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In subsection (3) of the said section 2 (which specifies the appropriate Minister for the purposes of any class of employment specified in subsection (2) of that section), as amended by Schedule 1 to the Overseas Service Act 1958, for paragraphs (v) and (vi) there shall be substituted the following:—; and so much of the said Schedule as amends the said subsection (3) is hereby repealed.

In subsection (4) of the said section 2, for paragraph (b) there shall be substituted the following:—; and paragraph (d) of the said subsection (4) and so much of Schedule 1 to the said Act of 1958 as amends that subsection are hereby repealed.

In section 17(1) of the said Act of 1948, for the definition of Scottish Teachers Superannuation Scheme there shall be substituted the following definition— “ “Scottish Teachers Superannuation Scheme” means the Teachers Superannuation Scheme and the Teachers (Superannuation) Regulations as those expressions are defined in section 145(47) and (48) of the Education (Scotland) Act 1962. ”

In section 2(4)(a) of the said Act of 1948 (which, in the case of a person changing his employment who has recieved any payment in respect of his pension rights upon ceasing to be employed in his former employment, enables rules to require payments by that person equal to all or any of the amounts so recieved) at the end there shall be inserted the words “ with or without interest on those amounts for the whole or any part of the period since he received them ”.

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Where— then, in lieu of the provision with respect to any pension payable to that person made by paragraph (b) of the proviso to the said section 10(1), there shall be deemed as from that date to have been payable by or to such police pension authority, or to the Treasury, or out of moneys provided by Parliament, as the case may require, such transfer value or values as the Treasury may direct, regard being had to the period of service and the pay received by that person in each respectively of those capacities.

In this section “ police pension authority ” means—

The provisions of this section shall have effect with a view to the transfer from the Secretary of State to the Minister of Overseas Development of certain functions with respect to pensions to or in respect of persons who are or have been—

The following references to the Secretary of State shall be construed as references to either the Secretary of State or the Minister aforesaid, namely—

Any functions of the Secretary of State under the Police Pensions Act 1921 exercisable by virtue of any of the following instruments, namely— are hereby transferred to the Minister aforesaid.

Where a statutory instrument containing a scheme under section 26 of the Fire Services Act 1947 or regulations under section 1 of the Police Pensions Act 1948 is made before the expiration of the period of twelve months beginning with the date of the passing of this Act and contains a statement that the scheme is, or, as the case may be, that the regulations are, made solely in connection with a transfer of functions in accordance with this section, then, notwithstanding anything in any other Act, the scheme or regulations may make provision with respect to a pension to or in respect of any person notwithstanding that the person in question ceased to be in the relevant service or employment, or died, before the date of the coming into operation of the scheme or regulations.

Regulations made by the Secretary of State under section 52 of the Police Act 1996 (which relates to regulations for police cadets) may include provision— (2) Regulations under subsection (1) of this section may provide for the reduction or withholding of awards under the regulations in cases where awards are provided for in respect of the same matters under any of the enactments relating to . . . social security.

Nothing in subsection (1) of this section shall affect the operation of the National Insurance Acts 1965 and 1966 or the National Insurance (Industrial Injuries) Acts 1965 and 1966, but regulations made by virtue of that subsection may provide for the reduction or withholding of awards under the regulations in cases where awards are provided for in respect of the same matters under any of those Acts.

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The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.

The Secretary of State may with the consent of the Minister for the Civil Service by regulations provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under this section, or of transfers between service as a member of the metropolitan civil staffs and other service, or for any connected purpose, as the case may be— and any such adaptations may be either general adaptations applicable to all the civil service provisions, whether or not passed or made at the date of the making of the regulations, or particular adaptations of particular provisions.

The Commissioner of Police of the Metropolis shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by the Commissioner.

Regulations under subsection (3) of this section may be made so as to have effect as from any date not earlier than the date of the coming into force of the civil service provision in question, notwithstanding that the regulations are made after that date.

The Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis, may, to such extent and subject to such conditions as that Office or Commissioner thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

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Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament.

Subsection (2B) above does not apply for the purposes of—

Nothing in this section shall affect any pension or other benefit granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 before the appointed day, and accordingly any such pension or other benefit shall be paid by the Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis.

Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices of the Peace Act 1997, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being i force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member, for the purposes of transfers (whether before, on or after the appointed day) between service as such a member and other service (not being service in the the civil service of the State), or for any connected purpose, as they have effect for the purposes of the grant by the Treasury ou t of moneys provided by Parliament or out of the Consolidated Fund of pensions or other benefits to or in respect of persons in the civil service of the State, for the purposes of transfers between that service and any other service (not being service as a member of the metropolitan civil staffs), or of any corresponding connected purpose, as the caes may be, and as if employment as a member of the metropolitan civil staffs were employment in a public department.

As from the appointed day the following provisions are hereby repealed or revoked, namely—

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The Mayor's Office for Policing and Crime shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by that Office.

The Commissioner of Police of the Metropolis shall have power to grant pensions or other benefits to or in respect of persons who are members of the metropolitan civil staffs by virtue of employment by the Commissioner.

The Mayor's Office for Policing and Crime, and the Commissioner of Police of the Metropolis, may, to such extent and subject to such conditions as that Office or Commissioner thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.

Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.

Subsection (2B) above does not apply for the purposes of—

Unless the powers conferred by section 7 of the Superannuation Act 1972, section 50 of the Justices of the Peace Act 1997, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member for the purposes of transfers (whether before, on or after the appointed day) between service as such a member and other service (not being service in the civil service of the State), or for any connected purpose, as they have effect for the purposes of the grant by the Treasury out of moneys provided by Parliament or out of the Consolidated Fund of pensions or other benefits to or in respect of persons in the civil service of the State, for the purposes of transfers between that sevice and any other service (not being service as a member of the metropolitan civil staffs), or for any corresponding connected purpose, as the case may be, and as if employment as a memebr of the metropolitan civil staffs were employment in a public department.

The Secretary of State may with the consent of the Minister for the Civil Service by regulations provide that any of the civil service provisions shall have effect for the purposes of pensions or other benefits under this section, or of transfers between service as a member of the metropolitan civil staffs and other service, or for any connected purpose, as the case may be— and any such adaptations may be either general adaptations applicable to all the civil service provisions, whether or not passed or made at the date of the making of the regulations, or particular adaptations of particular provisions.

Regulations under subsection (3) of this section may be made so as to have effect as from any date not earlier than the date of the coming into force of the civil service provision in question, notwithstanding that the regulations are made after that date.

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Before making regulations under subsection (3) of this section the Secretary of State shall consult with persons appearing to him to represent the metropolitan civil staffs with the Mayor's Office for Policing and Crime, and with the Commissioner of Police of the Metropolis, and before any such regulations come into operation the Secretary of State shall lay a copy thereof before Parliament.

Nothing in this section shall affect any pension or other benefit granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 before the appointed day, and accordingly any such pension or other benefit shall be paid by the Mayor's Office for Policing and Crime or the Commissioner of Police of the Metropolis.

As from the appointed day the following provisions are hereby repealed or revoked, namely—

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As respects any accounting period within the meaning of Schedule 1 to the Teachers' Superannuation Act 1967 or Schedule 6 to the Education (Scotland) Act 1962 beginning on or after 1st April 1961—

Section 144(2) and (3) of the said Act of 1962 shall not apply to any regulations made under that Act by virtue of the foregoing subsection, but before making any such regulations the Secretary of State shall consult with representatives of education authorities and of teachers appearing to him to be likely to be affected by them.

This Act may be cited as the Superannuation (Miscellaneous Provisions) Act 1967.

The Superannuation Act 1965 and sections 1 and 2(2) and (3) of this Act may be cited together as the Superannuation Acts 1965 and 1967.

The Governors’ Pensions Act 1957 and section 4 of this Act may be cited together as the Governors’ Pensions Acts 1957 and 1967.

Section 7 of this Act—

Save where the context otherwise requires, any reference in this Act to any enactment or instrument shall be construed as a reference to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument, including any enactment contained in this Act.