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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
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98. Meaning of “civil service” and “civil servant” and supplementary provisions
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An Act to consolidate the Superannuation Acts 1834 to 1965 and certain other enactments relating to the superannuation of civil servants and other persons employed in the civil service of the State.
[8th November 1965]
(1)[F1The Minister for the Civil Service] may make rules with respect to the superannuation benefits payable to or in respect of persons who have been employed in more than one public office.
(2)Rules under this section may in particular in relation to such persons—
(a)modify [F2any] enactments forming part of the law of the United Kingdom or any part thereof F3. . . which are for the time being in force and under which pensions are payable in respect of employment in a public office,
(b)apply the provisions of [F4the civil service scheme, with or without modifications, in substitution for any] enactments forming part of the law of the United Kingdom or any part thereof F3. . ., notwithstanding that [F4that scheme] is not otherwise applicable in relation to any of those public offices,
(c)make provisions as to the manner in which any pensions are to be defrayed, and in particular make provision for the payment of a transfer value by one pension authority to another, including the payment of a transfer value out of the Exchequer,
(d)define the kinds of public offices which are to be treated for the purposes of the rules as different public offices,
and rules under this section may include such supplemental and incidental provisions as appear to [F1the Minister for the Civil Service] to be expedient.
(3)Rules under this section may provide either for separate pensions under the respective enactments relating to the different employments or for a single pension under the enactments relating to the later or latest employment (or by virtue of subsection (2)(b) of this section under [F5the civil service scheme] or employ partly the one method and partly the other:
Provided that if the rules provide for separate pensions in relation to different public offices the rules shall not modify [F5the civil service scheme] or any other enactments so as to include as reckonable service in computing one of the separate pensions service in a public office in respect of which another of those separate pensions is payable.
(4)Rules under this section may be so framed as to apply to persons ceasing to be employed in one public office and becoming employed in another notwithstanding that the cessation of the first employment or the commencement of the second employment was before the date of the making of the rules:
Provided that no rules shall be framed so as to apply when the cessation of the first employment took place before the making of the rules unless the rules are only to apply with the consent of the person ceasing to be employed, or that person is by the rules given an opportunity to elect that they shall not apply to him.
(5)If the application of the rules in force under this section would put a particular individual in a position less advantageous than that in which he would have been if the rules did not apply in relation to him, they shall not be so applied.
[F6(5A) References in this section to enactments shall be construed as including references to the civil service scheme, and in this section ”the civil service scheme’ means the principal civil service pension scheme within the meaning of section 2 of the M1Superannuation Act 1972 and for the time being in force].
(6)In this section “pension”, in relation to any person, means a pension of any kind whatsoever payable to or in respect of him, and includes a lump sum or gratuity so payable.
F1Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(6), 3(2)
F2Word substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 56(a)
F3Words in s.38(2)(a)(b) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1, Pt. IV, Group. 5
F4Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 56(b)
F5Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 56(c)
F6S. 38(5A) inserted by Superannuation Act 1972 (c. 11), Sch. 6 para. 56(d)
C1S. 38 has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)
M11972 c. 11.
(1)In the last foregoing section references to employment in a public office shall be construed as references to employment of the following kinds, and “public office” shall be construed accordingly,—
1.Employment in the civil service (whether or not in an established capacity).
2.Employment in any other capacity remunerated out of moneys provided by Parliament or the Consolidated Fund or the Post Office Fund or the revenue of the Isle of Man, but not including employment in the armed forces of the Crown.
3.Subject to subsection (5) of this section, employment in the civil service of the Government of Northern Ireland (whether or not in an established capacity).
4.Subject to subsection (5) of this section, employment in any other capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.
5.Employment in the civil service of the government of any colony, or of any country or place outside Her Majesty’s dominions in which for the time being Her Majesty has jurisdiction, or of any territory consisting partly of one or more colonies and partly of one or more such countries or places.
6.Employment as an officer to whom the M1Overseas Service Act 1958 applies (if not employment within any of the other paragraphs in this subsection).
7.Employment which is remunerated out of any of the following funds, or out of the revenues of any of the following bodies—
The Agricultural Research Council.
The Church Commissioners.
[F1The Countryside Council for Wales.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
The Development Fund.
[ F3English Nature]
[ F4The Forestry Commissioners.]
F5. . .
The funds of the Branches of the Royal Mint at Melbourne and Perth.
The General Lighthouse Fund.
The Greenwich Hospital Fund.
The land revenues managed by the Crown Estate Commissioners.
The Metropolitan Police Fund.
The Overseas Audit Department[F8Scottish Natural Heritage.]
(2)[F9The Minister for the Civil Service] may by order—
(a)designate any employment as employment in a public office for the purposes of this section, and
(b)add to, amend or repeal any of the provisions of subsection (1) of this section,
and an order under this subsection—
(i)may include transitional and other supplemental provisions, and
(ii)may vary or revoke a previous order made under this subsection.
(3)The last foregoing section and this section shall have effect subject to the transitional provisions in paragraphs 10 and 11 of Schedule 10 to this Act.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(5)Rules in force under the last foregoing section shall not apply in relation to any person if the only public offices in which he has been employed have been employments in a capacity remunerated out of moneys provided by the Parliament of Northern Ireland or the Consolidated Fund of Northern Ireland.
(6)Nothing in this or the last foregoing section shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of those sections until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament.
F1Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 128, Sch. 6 para. 22(a)
F2Entry repealed by Crown Agents Act 1979 (c. 43), ss. 1(1), 32(3), Sch. 7
F3Words in s. 39(1) inserted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 2(b)
F4Words in s. 39(1) inserted (16.3.2000) by S.I. 2000/746, art. 2, Sch. para. 4
F5Words in s. 39(1) omitted (16.3.2000) by virtue of S.I. 2000/746, art. 2, Sch. para. 4
F6Words in s. 39(1) repealed (30.1.2001) by 2000 c. 37, ss. 73(4), 102, 103(2), Sch. 8 para. 2(b), Sch. 16 Pt. III
F7Entry in s. 39(1) para. 7 repealed (E.W.S.) (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1)(2), Sch. 10 para. 2, Sch. 11; S.I. 1991/2633, art. 4.
F8Entry in s. 39(1) para. 7 inserted (E.W.S.) (27.11.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para. 2; S.I. 1991/2633, art. 3, Sch.
F9Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(6), 3(2)
F10S. 39(4) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
C1S. 39(2) has effect as if any reference to the Minister for the Civil Service were a reference to the Treasury: S.I. 1981/1670, arts. 2(1)(c), 3(5)
C2References to moneys provided by Parliament of Northern Ireland to be construed now as references to moneys appropriated by Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 2(1)
M11958 c. 14.
F1Ss. 40, 41, 42(2)(3), 43-94, 95(3), 96, 97(3), 99-103, 104(2), 105, Schs. 1-7, Sch. 9, Sch. 10 paras. 1-9, 12-19, Sch. 11 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8
(1)The provisions of [F1the principal civil service scheme within the meaning of section 2 of the M1Superannuation Act 1972 and for the time being in force] shall, in relation to persons who, whether before or after they are civil servants, serve in a public office (not in the civil service) within the meaning of section 38 of this Act, or as members of a police force within the meaning of [F2the M2Police Pensions Act 1976], or in service by virtue of which they are deemed for the purposes of that Act to be members of such a force, or who, having been civil servants, become Governors within the meaning of the M3Governors’ Pensions Act 1957, have effect subject to such adaptations and modifications as may be prescribed by rules made by the Treasury; and where rules are made under this subsection, they may contain provisions modifying, in relation to the persons affected by the rules, any other enactment relating to the pensions and other benefits payable to or in respect of them.
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F1Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 57
F2Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)
F3Ss. 40, 41, 42(2)(3), 43-94, 95(3), 96, 97(3), 99-103, 104(2), 105, Schs. 1-7, Sch. 9, Sch. 10 paras. 1-9, 12-19, Sch. 11 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8
M11972 c. 11.
M21976 c. 35.
M31957 c. 62.
F1Ss. 40, 41, 42(2)(3), 43-94, 95(3), 96, 97(3), 99-103, 104(2), 105, Schs. 1-7, Sch. 9, Sch. 10 paras. 1-9, 12-19, Sch. 11 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8
Superannuation Act 1965