Article 3 Interpretation

In these Rules, unless the context otherwise requires—

• “the Act of 1948” means the Superannuation (Miscellaneous Provisions) Act 1948;

• “the Act of 1909” means the Asylums' Officers' Superannuation Act 1909;

• “the Act of 1937” means the Local Government Superannuation Act 1937;

• “the Act of 1953” means the Local Government Superannuation Act 1953;

• “the Acts of 1937 to 1953” means the Local Government Superannuation Acts 1937 to 1953^f1;

• “added years” means, in relation to local government employment, any additional years of service reckonable under regulation 12 of the Benefits Regulations, any corresponding provision of a local Act scheme or that regulation or any such provision as aforesaid as applied by regulations made under Schedule 3 or 4 to the Act of 1953; and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are reckonable under or by virtue of interchange rules;

• “the Benefits Regulations” means the Local Government Superannuation (Benefits) Regulations 1954^f2;

• “fund authority” means the local authority maintaining the superannuation fund to which a person first becomes a contributor after ceasing to be employed in teaching service or, as the case may be, was last a contributor before he became employed in teaching service;

• “interchange rules” means rules made under section 2 of the Act of 1948 (which provides for the pensions of persons transferring to different employment) and includes provisions similar to those of such rules contained in any instrument made under any other Act;

• “local government employment” means employment by virtue of which the person employed is or is deemed to be a contributory employee or local Act contributor within the meaning of the Act of 1937;

• “Local Government Modification Regulations” means the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969^f3;

• “national service”, in relation to any person, means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and any similar service immediately following relevant service entered into with the consent of the authority or person by whom he was last employed before undertaking that service or, in the case of a person who holds an appointment, to an office and is not employed under a contract of employment, with the consent of the authority by whom he was appointed;

• “operative date” means the date of the coming into operation of these Rules;

• “pension” has the meaning assigned to it by the Act of 1948;

• “prescribed period” has the meaning assigned to that expression by rule 4;

• “reckonable service” means reckonable service within the meaning of the Teachers' Superannuation Act 1967;

• “repaid contributions” means any sum paid to a person under the Teachers (Superannuation) Acts 1918 to 1956, the Teachers' Regulations, the Acts of 1937 to 1953 or a local Act scheme by way of repayment or return of contributions (other than voluntary contributions and contributions made or deemed to be made for the purpose of securing benefits for a widow, children or other dependants); and includes both any interest included in such sum and any amount deducted therefrom in respect of liability to income tax arising by reason of its payment;

• “the Secretary of State” means the Secretary of State for Education and Science;

• “the Teachers' Regulations” means the Teachers' Superannuation Regulations 1967 to 1970^f4; and “the principal Teachers' Regulations” means the Teachers' Superannuation Regulations 1967;

• “teaching service” means—

  1. (a)

     reckonable service; and

  2. (b)

     service which for the purposes of the Teachers' Regulations is service as an organiser, a teacher in an admitted school, a services civilian teacher, a services education officer or a part-time teacher;

• “the Transfer Value Regulations” means the Local Government Superannuation (Transfer Value) Regulations 1954^f5;

• “voluntary contributions” means—

  1. (a)

     in relation to employment in teaching service, additional contributions being paid under section 19 of the Teachers (Superannuation) Act 1956 or regulation 32 of the principal Teachers' Regulations in respect of a period of previous employment and any contributions being paid as a condition of any other period (not being a period of war service within the meaning of the Teachers' Superannuation (War Service) Act 1939 or of national service) being reckoned as reckonable service; and

  2. (b)

     in relation to local government employment, payments (other than completed payments, that is to say, payments made in respect of a liability which has been wholly discharged) of any of the following categories—

     1. (i)

        additional contributory payments of the kind referred to in section 2(3) and (4) of the Act of 1953;

     2. (ii)

        any similar payments made under a local Act scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the local Act scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme;

     3. (iii)

        any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; and

     4. (iv)

        any payments made in respect of added years.

Other expressions which have meanings assigned to them by the Acts of 1937 to 1953 or the Teachers' Regulations have, unless the context otherwise requires, the same respective meanings for the purposes of these Rules.

For the purposes of these Rules a justices' clerk shall be deemed to be in the employment of the magistrates' courts committee or committee of magistrates by whom he is, or under the provisions of any enactment is deemed to have been, appointed; and in relation to a justices' clerk references to “employment” shall be construed accordingly.

Any reference in these Rules to the provisions of any enactment, rules, regulations or other instrument shall, unless the context otherwise requires, be construed as a reference to those provisions as amended, modified, extended, applied or re-enacted by any subsequent enactment, rules, regulations or instrument.

Unless the context otherwise requires, any reference in these Rules to a rule, Part or paragraph shall be construed as a reference to that rule or Part of these Rules or to that paragraph of the rule in which the reference occurs, as the case may be.

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