Section 164 Crown employment.I1

England, Wales and Scotland

(1)

Subject to subsection (3), the following provisions shall apply to persons employed by or under the Crown in like manner as if such persons were employed by a private person—

(a)

Chapter I of Part IV and the other provisions of this Act, so far as they relate to the preservation requirements;

(b)

the remaining provisions of this Act except for—

(i)

sections F1...F2... 153(2), 158(1) to (5), 162, 163, ... and 176...;

(ii)

Chapter II of Part VII and sections 157 and 161;

(iii)

section 166 and the provisions mentioned in subsection (2).

F3(2)

A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

sections 43 and 45;

(c)

section 48, so far as it relates to minimum contributions;

(d)

sections 117, 154 and 155; and

(e)

sections 160 and 166.

(3)

So far as subsection (1) relates to the provisions within paragraph (b) of that subsection, it does not apply to a person who is serving as a member of Her Majesty’s forces.

(4)

Subject to subsections (3) and (5), a person who is serving as a member of Her Majesty’s forces shall, while he is so serving, be treated for the purposes of the provisions within subsection (1)(b) and those within subsection (2) (except for sections 154 and 166) as an employed earner in respect of his membership of those forces.

(5)

The Secretary of State may make regulations modifying sections 41, 42, 46(1), 47(2) and (5) and 48 in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty’s forces.

F5(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

For the purposes of this section Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed, being establishments and organisations in which persons serve under the control of the Defence Council.

Annotations

Textual amendments

F1: Words in s. 164(1)(b)(i) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 67, Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F2: Words in s. 164(1)(b)(i) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 6 para. 10, Sch. 7 Pt. IV; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F3: S. 164(2) substituted (6.4.2012) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011 (S.I. 2011/1730), arts. 1(2)(b), 5(18) (as amended by S.I. 2012/709, arts. 1(2), 2(5))
F4: S. 164(2)(a) omitted (6.4.2015) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011 (S.I. 2011/1730), arts. 1(2)(c), 9(6)
F5: S. 164(6) repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191-201)

Commencement

I1: Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2