Schedule 1. — (Provisions to Be Included in Superannuation Regulations.)

Orders of the Day — Teachers' Superannuation Bill – in the House of Commons at 12:00 am on 26th November 1965.

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Photo of Mr Edward Redhead Mr Edward Redhead , Walthamstow West 12:00 am, 26th November 1965

I beg to move, Amendment No. 8, in page 9, line 49, to leave out "ceases" and insert "has ceased".

This is a drafting Amendment which brings paragraph 6(2) of the Schedule into line with paragraph 6(1). It will be noted that paragraph 6(1) enables the Regulations to provide for the repayment of contributions in the cases defined by paragraph 6(2). Paragraph 6(2) defines the cases as those where a teacher ceases to be employed in reckonable service without any allowance or gratuity becoming payable to or in respect of him. As it stands, the paragraph does not enable the Regulations to provide for repayment to a teacher who ceased to be employed before the day the Regulations come into force. As the existing law will be repealed in its application to such a teacher by the Bill, he would lose his right to repayment. The Amendment remedies this defect.

Amendment agreed to.

Photo of Mr Edward Redhead Mr Edward Redhead , Walthamstow West

I beg to move, Amendment No. 9, in page 11, line 47, to leave out from "and" to the end of line 50 and to insert: in such cases as may be prescribed, provision for the collection of sums so deducted and of employers' contributions by deduction from grants payable out of moneys provided by Parliament". Paragraph 13 of the Schedule, which is intended to reproduce the effect of Section 17(1,a) of the Teachers (Superannuation) Act, 1925, enables teachers' contributions to be deducted from their salaries and for the sums so collected to be deducted from grants payable out of public funds to the persons responsible for paying the salaries.

The paragraph unintentionally fails to reproduce the power to deduct the amount of the employers' contributions from such grants. This omission is made good by the Amendment.

Amendment agreed to.

Photo of Mr Edward Redhead Mr Edward Redhead , Walthamstow West

I beg to move, Amendment No. 10, in page 12, line 36, at the end to add: 21. Provision extending, in any case specified in the regulations,—

  1. (a) any reference in any enactment to recognised service or contributory service so as to include a reference to reckonable service; and
  2. (b) any reference in any enactment to benefits of any description, or to sums paid or payable, under the Teachers (Superannuation) Acts 1918 to 1956, or any of those Acts, so as to include a reference to benefits of a prescribed description, or, as the case may be, to sums paid or payable, under superannuation regulations.
The object of this Amendment is to enable the Regulations to make consequential amendments in Statutes other than the Teachers' (Superannuation) Acts to references to benefits and sums paid and payable under those Acts.

Perhaps I may quote one example, of which there are several. Section 2 of the Superannuation (Miscellaneous Provisions) Act, 1948, enables rules to be made dealing with the pension rights of a person who transfers to contributory service within the meaning of the existing Acts from employment in local government, and vice versa. The first part of the new paragraph will enable the Regulations made under this Bill to apply this provision to transfer to and from reckonable service under the Regulations.

The second part of the Amendment will enable provision to be made to extend the references so as to include benefits and sums payable under the Regulations. It is not possible to list to a satisfactory degree all the examples which it is intended to cover in this Amendment and it is, therefore, thought necessary to take the power to make amendments by regulations instead of making them in the Bill itself.

Photo of Sir Edward Boyle Sir Edward Boyle , Birmingham Handsworth

I have no quarrel with the substance of this proposed additional Regulation 21, but it struck me that it would be tidier if the existing Regulation 20, which refers to the general provision for the decision of the Secretary of State to be final, should be the last of these provisions; and, purely as a drafting point, ought not the new Regulation 21 to come before the present Regulation 20?

Amendment agreed to.

Schedule, as amended, agreed to.

Schedule 2 agreed to.