
1 

(1) This Order shall
come into operation on the 31st August 1964, and shall have effect from the
vesting date.
(2) This Order may be
cited as the British Transport Reorganisation (Pensions of Employees) (No.
1) Order 1964.
(3) In this Order unless
the context otherwise requires—
 “the Act” means 
the Transport Act 1962;

 “appropriate Transfer Order”
, as respects an existing scheme, means 
whichever of the following Orders, namely,
(a) the British Transport Reorganisation (Pensions of Employees) (No.
2) Order 1962, and
(b) the British Transport Reorganisation
(Pensions of Employees) (No. 3) Order 1962. is the Order by which liabilities and functions in relation to that
scheme were transferred, and, where the scheme is an arrangement to which
the former of the above Orders applies, any reference (whether in this definition
or elsewhere in this Order) to the transfer by such an Order of liabilities
or functions in relation to a scheme includes a reference to the placing (by
virtue of the Scheme made by the Commission under that Order) of the responsibility
for making payments under that arrangement, and any reference to liabilities
or functions, or to the rights, liabilities and functions of the Commission,
in connection with such a transfer as aforesaid includes a reference to such
responsibility;
 “a Board” means 
any of the following bodies, namely—
 the British Railways Board,
 the London Transport Board,
 the British Transport Docks Board, and
 the British Waterways Board;
 “the Commission” means the British Transport Commission;
 “employing body” means, in relation to a person, the nationalised transport body employing
him;
 “existing scheme” has the meaning assigned to that expression in Article 2 of this Order;

 “former employment” and “new employment”
 mean, in relation to a person who ceases
to be in the employment of a nationalised transport body and then (either
immediately, or after an intervening period) re-enters the employment of that
nationalised transport body or enters the employment of another nationalised
transport body, the employment which has ceased and the employment which is
re-entered or entered (as the case may be) respectively, and “former
employing body” and “new employing body” shall be construed accordingly, and any reference to entering, in
connection with the new employment or the employment of the new employing
body, shall include a reference to re-entering such employment in a case where
the former employing body and the new employing body are the same nationalised
transport body;
 “the Holding Company”
means the Transport Holding Company established by the
Act;
 “insurance scheme” means a scheme for the provision of pensions by way of contracts or policies
made or effected with an insurance company carrying on life assurance business
within the meaning of the Insurance Companies Act 1958 (including
contracts or policies made with such a company for the purpose of implementing
any form of private superannuation fund);
 “intervening period”
means, in relation to a person who ceases to be in the
employment of a nationalised transport body and then, after an interval, re-enters
the employment of that nationalised transport body or enters the employment
of another nationalised transport body, the period which elapses between the
cessation of the former employment and the commencement of the new employment
and is a period at no time within which that person is in the employment of
a nationalised transport body;
 “the Minister” means the Minister of Transport;
 “nationalised transport body”
 means any of the following:—
(a) a Board,
(b) the Holding Company,
(c) a subsidiary of a Board or of the Holding Company;

 “pensionable service”
means service ranking for benefit under a pension scheme
;
 “successor body”, in
relation to an existing scheme, means the nationalised
transport body to which the rights, liabilities and functions of the Commission
relating to that scheme were transferred by the appropriate Transfer Order,
or, where those rights, liabilities and functions were transferred by that
Order to more than one such body, any one of the nationalised transport bodies
to which those rights, liabilities and functions were so transferred;

 “term”, in relation to a pension scheme, includes any rule or provision of the scheme, or of any statutory
provision relating to the scheme, or of any trust deed or other instrument
made for the purposes of the scheme;
 “the vesting date” means the date appointed by the Minister pursuant to section 31 of the Act, that is
to say, the 1st January, 1963; and
 “withdrawal benefits”
means, in relation to a participant in an existing scheme
who ceases to be in the employment of a nationalised transport body, any payments
or transfers of assets (including paid up insurance policies) which fall to
be made to or in respect of him under the terms of the scheme on the cessation
of that employment, and any reference to payment or repayment in relation
to withdrawal benefits shall include a reference to transfer or retransfer
where such benefits consist of or include assets other than cash.

(4) The Interpretation Act 1889
shall apply for the interpretation of this Order as it applies for the interpretation
of an Act of Parliament.
2 

(1) This Order shall
have effect as respects every existing scheme, that is to say, every pension
scheme which relates in whole or in part to the provision of pensions in respect
of service rendered in the employment of the Commission or of a subsidiary
of the Commission or in the employment of a nationalised transport body and
is either—
(a) a pension scheme
in relation to which the rights, liabilities and functions of the Commission
were transferred on the vesting date to a Board or to the Holding Company
by the British Transport Reorganisation
(Pensions of Employees) (No. 3) Order 1962,
or
(b) an arrangement
in relation to which the responsibility for making payments was placed on
a Board or the Holding Company by the Scheme made by the Commission under
the British Transport Reorganisation (Pensions
of Employees) (No. 2) Order 1962.
(2) Every existing scheme
shall, subject to the provisions of paragraph (3) of this Article, be construed
and have effect as if the provisions of this Order were terms of the scheme,
any other term thereof, whether express or implied, to the contrary notwithstanding,
and each nationalised transport body shall, for the purposes of giving effect
to this Order, be bound by the terms of every such scheme.
(3) The rights to continue
to participate in, and to re-enter, an existing scheme given by this Order
shall be additional to any similar rights subsisting under the terms of that
scheme apart from the provisions of this Order and nothing in this Order shall
derogate from such similar rights where they subsist.
3 

(1) This Article shall
apply to any person who—
(a) participates
in an existing scheme in connection with his employment by a nationalised
transport body,
(b) at any time after
the vesting date ceases to be in the employment of that nationalised transport
body, and
(c) enters the employment
of another nationalised transport body immediately after the cessation of
his former employment.
(2) Subject to the provisions
of paragraphs (3) and (4) of this Article, any person to whom this Article
applies shall not be required, solely by reason of the cessation of his former
employment, to cease to participate in the existing scheme in which he participated
in connection with that employment, but shall, if the terms of the scheme
(other than the terms which would require participation to cease for the reason
aforesaid) so permit, continue to participate in that scheme in connection
with his new employment upon and subject to the terms of that scheme (which
shall have effect in relation to his new employment as it had effect in relation
to his former employment), and for the purposes of that scheme the former
employment and the new employment shall be treated as continuous, and so long
as he continues to participate in that existing scheme by virtue of the provisions
of this paragraph the terms of any other pension scheme of the new employing
body which require employees of that body to participate therein shall not
apply to him.
(3) If a person to whom
this Article applies, within three months of the date of his entering the
new employment or the date of the coming into operation of this Order (whichever
date is later), gives notice in writing to the former employing body, the
new employing body and the trustees of, or the persons administering, the
relevant scheme, that he does not desire to continue to participate in that
scheme (each such notice to be given on the same date), then, upon the giving
of that notice, the provisions of paragraph (2) of this Article shall be deemed
never to have applied in relation to that person and his participation in
the relevant scheme (in so far as it depends on the provisions of this Article)
shall be deemed to have ceased when he ceased to be in the employment of the
former employing body.
(4) Where in connection
with the cessation of his former employment any withdrawal benefits are paid
from the relevant scheme to or in respect of a person to whom this Article
applies, the provisions of paragraph (2) of this Article shall not apply in
relation to him and his participation in the relevant scheme (in so far as
it depends on the provisions of this Article) shall be deemed to have ceased
when his former employment ceased, unless within three months of the date
of entering his new employment or the date of the coming into operation of
this Order (whichever date is later), or such longer period as the trustees
of, or the persons administering, that scheme may allow in relation to him,
he pays to them a sum equivalent to the amount of such withdrawal benefits,
together with (where the trustees or the persons aforesaid so require) the
amount of any income tax deducted therefrom when those benefits were paid.

4 

(1) This Article shall
apply to any person who—
(a) participates
in an existing scheme in connection with his employment by a nationalised
transport body,
(b) at any time after
the vesting date ceases to be in the employment of that nationalised transport
body, and
(c) re-enters the
employment of that nationalised transport body, or enters the employment of
another nationalised transport body, after an intervening period not exceeding
twelve months.
(2) Subject as hereinafter
provided, the trustees of, or the persons administering, the relevant scheme
shall have power, with the consent of the former employing body and the new
employing body, and, where the scheme is an insurance scheme, the insurance
company, to grant to a person to whom this Article applies permission, in
accordance with the provisions of this Article, to re-enter that scheme in
connection with his new employment upon the terms hereinafter mentioned.
(3) A person desiring
to re-enter an existing scheme under the provisions of this Article shall,
within three months of the date of his entering the new employment or the
date of the coming into operation of this Order (whichever date is later),
make application in writing to the trustees of, or the persons administering,
that scheme for permission to re-enter it, and the trustees or the persons
aforesaid shall consider that application and may, if they think fit, and
subject to the consents specified in paragraph (2) of this Article, decide
to grant that application, or they may decide to reject that application,
and in any case they shall, as soon as may be after making their decision,
notify the applicant thereof in writing.
(4) The terms upon which
a person may be permitted to re-enter an existing scheme under the provisions
of this Article shall, subject as hereinafter provided, be such terms (including
terms for the repayment of any withdrawal benefits) as the trustees of, or
the persons administering, that scheme may prescribe.
(5) The terms referred
to in the last preceding paragraph of this Article may (to the extent specified
thereby) provide, in respect of the person concerned, for the periods of his
former employment and his new employment to be aggregated for the purposes
of the relevant scheme and may also (to the extent specified thereby) provide
for the intervening period to be taken into account in calculating any minimum
qualifying period of service under the terms of that scheme, but except as
aforesaid, and except also in so far as any transfer value from another pension
scheme may (under reciprocal arrangements for the preservation of pension
rights) be received in respect of the intervening period by the trustees of,
or the persons administering, the relevant scheme, such terms shall not provide
for any part of the intervening period to be regarded as a period of pensionable
service for the purposes of that scheme nor shall they permit the person concerned
to acquire pension rights in respect of that period by making payments (whether
calculated on the basis of employer's or employee's contributions or otherwise)
to the trustees of, or the persons administering, that scheme.
5 

(1) This Article shall
apply to any person who—
(a) participated
in an existing scheme in connection with his employment by the Commission,
or by a subsidiary of the Commission, before the vesting date,
(b) before the vesting
date ceased to be in such employment, and
(c) enters the employment
of a nationalised transport body after the vesting date and after an intervening
period not exceeding twelve months.
(2) Subject as hereinafter
provided, the provisions of paragraphs (2) to (5) of Article 4
 of this Order shall apply in relation to a
person to whom this Article applies.
(3) For the purpose of
this Article and of paragraphs (2) to (5) of Article 4
 of this Order as applied by paragraph (2)
of this Article (including the inpretation of any expressions therein which
are defined in Article 1
of this Order)—
(a) the expression 
“nationalised transport body” 
shall be deemed to include, in respect of any period before the vesting date,
the Commission and any subsidiary of the Commission, and
(b) the expression “former
employing body” shall, in relation to a person to whom
this Article applies, mean, so far as regards anything
occurring or to be done after the vesting date, the nationalised transport
body which would have become the employer of that person on the vesting date
had his employment by the Commission, or by a subsidiary of the Commission
(as the case may be), continued from the date of its cessation until the vesting
date.
6 
Where by virtue of
a person's employment by a nationalised transport body on or after the vesting
date or by the Commission or a subsidiary of the Commission before that date
pension rights accrue or have accrued to him under an existing scheme without
his having himself contributed under the scheme, and that scheme is a scheme
from which the benefits are or will be receivable as of right, the provisions
of this Order shall apply in relation to that person as if he had been a participant
in that scheme, and the references in this Order to participation shall be
construed accordingly.
7 
Where in consequence
of the provisions of this Order an existing scheme includes among its participants
any person whose employing body is not the successor body, or one of the successor
bodies, for that scheme, then—
(a) any sums required
by the terms of that scheme to be paid by that person as his contributions
to the scheme shall be deducted by the employing body from his salary or wages
and shall be paid by that body in accordance with those terms to the trustees
of, or the persons administering, the scheme; and
(b) any sums required
by the terms of that scheme to be paid in respect of that person by his employer
as the employer's contributions to the scheme shall be paid by the employing
body in accordance with those terms to the trustees of, or the persons administering,
the scheme.
8 

(1) Where in consequence
of the provisions of this Order—
(i) an existing scheme
includes among its participants any person whose employing body is not the
successor body, or one of the successor bodies, for that scheme, or
(ii) an existing
scheme has included among its participants any person whose employing body
was not the successor body, or one of the successor bodies, for that scheme,
and a pension or other benefit is payable thereunder in respect of that person's
service in the employment of that employing body,the following provisions shall apply in relation to that scheme—

(a) the employing
body aforesaid shall make such payments to the successor body or successor
bodies by way of contributions towards the administrative expenses of the
scheme or (subject to the provisions of paragraph (2) of this Article) towards
any payments which any successor body is obliged to make in the discharge
of the liabilities, or in the performance of the functions, transferred to
it by the appropriate Transfer Order in relation to the scheme, or to implement
any guarantee given by such successor body or binding upon it by virtue of
the provisions of that Order in relation to the scheme, as may be equitable
having regard to all the circumstances of the case, including the number of
participants, or former participants, who are or were in the employment of
that employing body (being participants whose continuing or resumed participation
depends, or has depended, upon the provisions of this Order), and in the case
of any disagreement between the employing body and any successor body, or
between the successor bodies themselves, as to their obligations under this
Article, the matter shall on the application of any of the bodies concerned
be determined by the Minister whose decision shall be final; and
(b) the Minister
may, on the application of the employing body aforesaid or of any successor
body, direct that any power in relation to that scheme (whether a power of
appointing trustees, amending rules, approving the admission of members, or
otherwise howsoever in relation to that scheme) exercisable by any successor
body shall be exercisable by the employing body to such extent (whether instead
of such successor body or jointly with that body) and in such manner as may
appear to the Minister to be appropriate, and where any such direction is
so given the terms of the scheme shall, whilst the direction remains in force,
have effect subject to the provisions of the direction.
(2) Except in pursuance
of an agreement made, with the consent of the Minister, between the employing
body and the successor body concerned, the employing body shall not by virtue
of paragraph (1) of this Article be required to make any payment to any successor
body by way of a contribution towards any payments which the successor body
is obliged to make in the discharge of any liability transferred to it by
the appropriate Transfer Order, being a liability in connection with any pension
fund monies which were deposited with the Commission before the vesting date
for the purposes of any existing scheme.
Given under the Official Seal of the Minister of Transport the
21st August 1964.
T. Padmore
Secretary to the Ministry of Transport
