Article 2 Construction

(1)

The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(2)

In this order—

(a)

“the 1971 Act” means the Pensions (Increase) Act 1971, “the 1944 Act” means the Pensions (Increase) Act 1944, and similarly with other expressions of the same kind;

(b)

“average emoluments” and “final emoluments” mean, in relation to a pension payable in respect of a person's service in an office or employment, the average rate of the relevant emoluments over a period of service in the office or employment and the rate of the relevant emoluments in the office or employment received immediately before the pension begins, respectively;

(c)

“averaging period” , in relation to a pension computed by reference to average emoluments, means the period of service by reference to which the average emoluments fall to be determined;

(d)

“the supplement” means the addition to the 1971 rate which is dealt with by Article 9 of this order (in accordance with section 6(5) of the 1971 Act);

and (without prejudice to any further operation of section 31 of the Interpretation Act 1889) this order is to be construed in accordance with the definitions and other interpretative provisions repeated from the 1971 Act in Part I of Schedule 1 to this order.

(3)

Any reference in this order to a rate of pension or emoluments is a reference to the annual rate.

(4)

This order has effect subject to any provision made in the exercise of the powers conferred by section 5(3) of the 1971 Act.