
PART I
1 

(1) This Order shall
come into operation on the 31st December 1968 and, except as mentioned in
paragraph (2) of this Article, shall have effect from the 18th November 1968.

(2) Article 6 and Articles 8 to 12
of this Order shall have effect from the 31st December 1968.
(3) This Order may be
cited as the British Transport (Pensions of Employees) (No. 1) Order 1968.

(4) In this Order, unless
the context otherwise requires—
 “the Act” means 
the Transport Act 1968;
 “appropriate body”, in
relation to an established scheme, means— 
(i) 
where the scheme is one in relation to which the property, rights and liabilities
of the Holding Company are transferred by Part IV
of this Order, the nationalised transport body to which they are so transferred,

(ii) where a scheme does not fall within (i) above but is a scheme in
relation to which the responsibility for making payments was placed, or the
rights, liabilities and functions of the British Transport Commission were
transferred, by the British Transport Reorganisation
(Pensions of Employees) (No. 2) Order 1962 or the British Transport Reorganisation (Pensions of Employees) (No.
3) Order 1962 (as the case may be), the nationalised transport body (or
if more than one, any one of those bodies) on which that responsibility rests,
or in which those rights, liabilities and functions are vested, immediately
after the 1st January 1969,
(iii) where the scheme does not fall within (i) or (ii) above
but is a scheme in which employees of a nationalised transport body which
is a subsidiary of a Board or the Holding Company are participating immediately
before the 1st January 1969, whichever of the following bodies, namely, a
Board, a new authority and the Holding Company, is the body of which the said
nationalised transport body is a subsidiary immediately after the 1st January
1969,
(iv) in all other cases, the nationalised transport body which has established
the scheme;
 “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 Bus Company” means the National Bus Company established under section 24 of the Act;

 “established scheme” has the meaning given to that expression in Article 2(1) of this Order;

 “the freightliner company”
 and “the freight sundries company” mean the companies so referred to in section 5(2)
of the Act;
 “the Freight Corporation”
 means the National Freight Corporation
established under section 1
of the Act;
 “the Holding Company”
means the Transport Holding Company;
 “the Minister” means— 
(a) for the purposes of matters relating only to the Scottish
Group (including any subsidiary of that Group), the Secretary of State,
(b) for the purposes of matters relating both to the Scottish Group
(including any subsidiary as aforesaid) and to other nationalised transport
bodies, the Minister of Transport and the Secretary of State acting jointly,
and
(c) for all other purposes, the Minister of Transport;
 “member”, in relation to a pension
scheme, means a person who has pension rights thereunder
whether or not he is a participant therein, and “membership”
 shall be construed accordingly;

 “nationalised transport body”
 means any of the following— 
(a) a Board,
(b) the Holding Company,
(c) a new authority,
(d) a subsidiary of a Board, the Holding Company or a new
authority;
 “new authority” means any of the following bodies, namely— 
 the Freight Corporation,
 the Bus Company, and
 the Scottish Group;
 “past member”, in relation
to a pension scheme, means a member whose pensionable
service has ceased;
 “the Railways Board”
means the British Railways Board;
 “the Scottish Group”
means the Scottish Transport Group established under section 24 of the Act;

 “subsidiary”, in relation
to a nationalised transport body, has the same meaning
as in the Transport Act 1962,
and in this connection no account shall be taken of the provisions of section 51(5) of the Act;

 “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; and
 “transport pension scheme”
 means a pension scheme which relates
in whole or in part to the provision of pensions in respect of service rendered
in the employment of a nationalised transport body.
(5) Unless the context
otherwise requires, references in this Order to the provisions of any enactment
or instrument shall be construed as references to those provisions as amended,
re-enacted or modified by or under any subsequent enactment or instrument.

(6) 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 applies
to every established scheme, that is to say, to every transport pension scheme
which is in existence on the 1st January 1969 and which is either—
(a) an existing scheme
within the meaning of the British Transport Re-organisation
(Pensions of Employees) (No. 1) Order 1964, or
(b) a pension scheme
established under section 74
of the Transport
Act 1962, or
(c) any other pension
scheme in which employees of, or of a subsidiary of, the Railways Board or
the Holding Company are participating immediately before the 1st January 1969.

(2) Every established
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 or to enter or re-enter an established scheme given by this
Order shall be additional to any similar rights existing under the terms of
that scheme apart from the provisions of this Order and nothing in this Order
shall derogate from such rights where they subsist.
PART II
3 
The British Transport Reorganisation
(Pensions of Employees) (No. 1) Order 1964
(which enables employees of one nationalised transport body to continue to
participate in, or to re-enter, pension schemes of another nationalised transport
body) (except Article 5
thereof) shall have effect as if—
(a) the expression “Board” therein included each of the new authorities,
(b) the expression “existing
scheme” therein included any established
scheme,
(c) the expression “the Minister”
 therein had the same meaning as in this
Order,
(d) 
in relation to any established scheme, the expression “successor body”
therein had the same meaning as the expression “appropriate body”
has in this Order, and
(e) 
in relation to a scheme where the property, rights and liabilities of the
Holding Company are transferred by Part IV
of this Order, the expression “the appropriate Transfer Order”
 therein included this Order.
4 
Articles 13, 14
and 16
of the British
Transport Reorganisation (Pensions of Employees) (No.3) Order 1962 (which make provision for one nationalised
transport body to make contributions to another such body and for preserving
the pension rights of certain persons who become members or directors of a
nationalised transport body), and Article 1 of that Order (which contains
definitions) in its application to the said Articles 13, 14 and 16, shall
have effect as if—
(a) the expression “Board” therein included each of the new authorities,
(b) the expression “existing
scheme” therein included any established
scheme,
(c) the expression “the Minister”
 therein had the same meaning as in this
Order,
(d) 
in relation to any established scheme, the expression “successor body”
therein had the same meaning as the expression “appropriate body”
has in this Order, and there were substituted for so much of the definition
of the expression “responsible employing body”
 therein as relates to a past member of an existing scheme,
the following—“
(b) for a past
member of an existing scheme, the nationalised transport body in which is
vested under such one or more of the following Acts as may be relevant, that
is to say, the Transport Act 1947
the Transport Act 1962
and the Transport Act 1968,
the particular undertaking, or the particular part of an undertaking (as the
case may be), in connection with which he was employed immediately before
his pensionable service ended,”and
(e) in the said Article
14—
(i) the expressions 
“the provisions of this Order” and 
“the foregoing provisions of this Order” included the provisions of the present Order,
(ii) the references
to liabilities or functions transferred to a body under that Order included
a reference to liabilities or functions transferred to a body by this Order
or otherwise falling to be borne or exercised by a body in consequence of
this Order, and
(iii) in relation
to a scheme where the property, rights and liabilities of the Holding Company
are transferred by Part IV
of this Order, the references to a power which immediately before the vesting
date was exercisable by the Commission included a reference to a power which
immediately before the 1st January 1969 was exercisable by the Holding Company.

PART III
5 
Where a person who has no pension rights under an established scheme
enters before the 1st January 1969 the employment of a new authority or of
the freightliner company or the freight-sundries company after leaving the
employment of the Railways Board, the Holding company or a subsidiary of that
Board or Company, he shall be eligible to become a member of that established
scheme to the same extent and on the same basis as he would have been so eligible
if, instead of entering the employment of that new authority or company, he
had been continuing in comparable employment of the Railways Board, the Holding
Company or the subsidiary of that Board or Company (as the case may be).
6 
Where, by reason of a transfer under any of the following provisions
of the Act, namely, sections 4(1), 4(4), 5(3)(a) or (b), 7(5) or (6), 8(4), 28(1), (2) or (5), 29(2) or 53(2),
a person ceases to be employed by one nationalised transport body and becomes
employed by another such body, or the employer of a person ceases to be a
subsidiary of one nationalised transport body and becomes a subsidiary of
another such body, and that person is not, immediately before the transfer,
a member of an established scheme, then he shall, notwithstanding the transfer,
be eligible to become a member of that established scheme to the same extent
and on the same basis as he would have been so eligible if the transfer had
not occurred.
7 
Where on or after the 18th November 1968 a person enters any employment
specified in the Table below (whether by reason of becoming an employee of
a particular nationalised transport body or by reason of a change in the terms
and conditions of his existing employment by such a body) and apart from the
provisions of this Article that person would not be eligible to become a member
of a transport pension scheme appropriate to the employment which he is entering,
then he shall be eligible to become a member of the established scheme specified
in that Table in relation to that employment:—

TABLE
Employment Established Scheme

1. Employment by the Freight Corporation or by a subsidiary
of that Corporation (not being a body mentioned at 5 below) on terms and conditions
which would have created eligibility for membership of the scheme opposite
if the employment entered had been that of British Road Services Limited.
 British Road Services (Salaried Staff) Group Superannuation
Fund.
2. Employment by any of the bodies at 1 above on terms and
conditions which would have created eligibility for membership of the scheme
opposite if the employment entered had been that of British Road Services
Limited. British Road Services (Male Wages Grades) Group Pension
Fund.
3. Employment by the Bus Company or by a subisidary of that
Company on terms and conditions which would have created eligibility for membership
of the scheme opposite if the employment entered had been that of Tilling
Association Limited. Tilling Group Pension Fund.
4. Employment by the Scottish Group or by a subsidiary of
that Group on terms and conditions which would have created eligibility for
membership of the scheme opposite if the employment entered had been that
of Scottish Bus Group Limited. Scottish Bus Group Pension Fund.
5. Employment by the freightliner company or the freight-sundries
company or by a subsidiary of either of those companies on terms and conditions
which would have created eligibility for membership of the scheme opposite
if the employment entered had been that of the Railways Board. London and North Eastern Railway Superannuation Fund.
6. Employment by any of the bodies mentioned at 5 above
on terms and conditions which would have created eligibility for membership
of the scheme opposite if the employment entered had been that of the Railways
Board. British Railways (Wages Grades) Pension Fund.
PART IV
8 

(1) This Part of this
Order makes provision, in the case of the transfers mentioned in paragraph
(2) of this Article, for the transfer of property, rights and liabilities
of the Holding Company relating to pensions and pension schemes.
(2) The transfers referred
to in paragraph (1) of this Article are the transfers of securities, rights
and liabilities of the Holding Company—
(a) to the Freight
Corporation under section 4(1)
or (4)
of the Act,
(b) to the Bus Company
under section 28(1)
or (5)
of the Act, and
(c) to the Scottish
Group under section 28(2)
or (5)
of the Act.
9 

(1) The property, rights
and liabilities of the Holding Company relating to the established schemes
which are specified in Parts 1, 2 and 3 of the Schedule
to this Order (including any functions of that Company in relation to those
schemes and any securities or other property held by that Company in trust
for those schemes) shall be respectively transferred to the Freight Corporation,
the Bus Company and the Scottish Group.
(2) All such property,
rights and liabilities of the Holding Company (including as aforesaid) relating
to the Railway Clearing System Superannuation Fund Scheme as were transferred
to that Company by the British Transport Reorganisation
(Pensions of Employees) (No. 3) Order 1962
shall be transferred to the Freight Corporation.
10 

(1) The liability of
the Holding Company to make, in relation to any such person as is mentioned
in this paragraph, payments or contributions to some other nationalised transport
body under any of the provisions mentioned in paragraph (2) of this Article
shall be transferred to the Freight Corporation, the Bus Company or the Scottish
Group according as the person in relation to whom the payments or contributions
fall to be made becomes, on the date of the relevant transfer mentioned in Article 8(2) above, an employee
of such body or of a subsidiary of such body, or would then have become such
an employee had he been in the employment of a nationalised transport body
immediately before that date.
(2) The provisions
referred to in paragraph (1) of this Article are the provisions of—

(a) Article 5 of the British Transport Reorganisation
(Pensions of Employees) (No. 1) Order 1962,
(b) Articles 13 and 14 of the British Transport Reorganisation
(Pensions of Employees) (No. 3) Order 1962,
(c) Article 10 of the British Transport Reorganisation
(Pensions of Employees) (No. 4) Order 1962,
(d) 
Articles 7 and 8 of the British Transport Reorganisation (Pensions
of Employees) (No. 1) Order 1964.
11 

(1) All the transfers
of property, rights and liabilities of the Holding Company provided for in
this Part of this Order shall take place on the 1st January 1969 and shall
be transfers subject to the provisions of this Order, and the property, rights
and liabilities hereby transferred shall by virtue of this Order vest on that
date in the bodies to which they are respectively transferred.
(2) The provisions
of paragraphs 7 to 13 of Schedule 4
to the Act (so far as relevant) shall apply in relation to the transfers provided
for in this Part of this Order but subject to the following modifications,
that is to say,the word “agreement” in those paragraphs shall include any trust deed, rules or other instrument relating
to an established scheme, and the references to rights or liabilities in those
paragraphs shall include references to functions.
(3) Nothing in this
Part of this Order shall affect the tenure of office of any person appointed
or nominated by the Holding Company before the 1st January 1969 in the exercise
of any power conferred on that Company by any term of an established scheme
or otherwise exercisable by that Company in relation to an established scheme.

PART V
12 

(1) Except as provided
by this Article, a new authority and any subsidiary of a new authority shall
not without the consent of the Minister pay any pension or enter into any
obligation under a pension scheme.
(2) Paragraph (1) shall
not apply to—
(a) the payment
of any pension in accordance with the terms of an established scheme as those
terms stand immediately after the 1st January 1969 or are subsequently modified
with the consent of the Minister, or
(b) the payment
of any pension in pursuance of an obligation under a pension scheme entered
into with the consent of the Minister after the said date, being a payment
in accordance with that obligation as it subsists when first entered into
or as it is subsequently modified with the said consent.
(3) Any consent given
by the Minister for the purposes of this Article may be given for any case
or description of case specified in the consent and may be given subject to
conditions.
Given under the Official Seal of the Minister of Transport the
13th December 1968.
Richard Marsh
Minister of Transport
William Ross
One of Her Majesty's Principal Secretaries of State
Dated the 17th December 1968
SCHEDULE
Article 9(1)
PART 1

 British Road Services (Salaried Staff) Group Superannuation
Fund.
 British Road Services (Male Wages Grades) Group Pension Fund.

 Burnley Equitable Co-operative & Industrial Society Ltd.
Superannuation Scheme—Divided.
 Chas. A. Wells Endowment Fund—Divided.
 Coast Lines Superannuation Fund Association—Divided.

 Foremen & Staff Mutual Benefit Society—Divided.

 Furness Withy Superannuation Scheme—Divided.
 Hay's Wharf Companies Superannuation Fund—Section B.

 Rudd Endowment Fund.
 Superannuation Fund Association of Chaplins Ltd.
 Insurance Funds:— 
 Eagle Star Insurance Co. Ltd.:—
 Fairclough Staff Pension Scheme.
 Scribbans Kemp Pension Scheme:— 
 Hirst and Payne.
 Red Arrow Deliveries.
 Equity and Law Life Assurance Society Ltd.:— 
 E. & E. J. Shaw Ltd. Pension & Life Assurance Scheme.

 Morton's (Coventry) Ltd. Pension & Life Assurance Scheme.

 Prudential Assurance Co. Ltd.:— 
 J. Gerrard Transport Ltd. Scheme.
 Scottish Provident Institution:— 
 H. & G. Dutfield Ltd. Staff Endowment Scheme.
 Lawther & Harvey Ltd. Pension & Life Assurance Scheme.

 Sun Life Assurance Society Ltd.:— 
 George Read (Transport) Ltd.
 R. J. Weeks & Co. Ltd. Staff Superannuation Scheme.
 Springfield Carriers Ltd. Staff Superannuation Scheme.
 The Tayforth Group Staff Pension Fund.
 The Tayforth Group Operatives Pension Fund.
 W. A. & A. G. Spiers Ltd. Staff Assurance Scheme.
 Insurance Schemes:— 
 Colonial Mutual Life Assurance Society Ltd.:— 
 A.C.S. Motors Ltd.
 Adamsons Limited.
 Barrack & Fenton Ltd.
 Bennets Haulage.
 Blackford Bros. Ltd.
 Cowan & Co.
 Crouchers Ltd.
 D. West & Sons Ltd.
 Direct Transport (Wellingbro.) Ltd.
 Donaldson Wright.
 F. Crowther & Son (Wakefield) Ltd.
 F. D. Hulse Ltd.
 Fisher Renwick Ltd.
 G. H. Atkins & Sons.
 Guest Transport Ltd.
 Harding Bros. Transport Ltd.
 H. & G. Dutfield Ltd.
 Harold Wood & Sons Ltd.
 H. H. Hawker Ltd.
 J. & G. Barrack Ltd.
 J. Arnott (Contractors) Ltd.
 J. Gupwell Transport Ltd.
 J. Harvey (Hauliers) Ltd.
 J. Keetch & Son.
 Jennens Bros. Transport Ltd.
 Macks Hauliers.
 Marshalls—St. Helens.
 Munro's Motor Transport Co.
 P. X. Ltd.
 R. Keetch & Son Ltd.
 Robin Hood Transport Ltd.
 Robinson Transport (Beccles) Ltd.
 S. Oatley & Sons Ltd.
 Swindon Transport Ltd.
 T. Goy & Sons Ltd.
 Tees-side Motor Transport Ltd.
 Topham Bros.
 Union Road Transport.
 Wm. Clarke (Nottingham) Ltd.
 W. Hesford Ltd.
 W. Hill.
 W. Wisely & Sons Ltd.
 Youngs Express Deliveries.
 Eagle Star Insurance Co. Ltd.:— 
 T. M. Fairclough & Son Ltd. Group Life Assurance Scheme.

 Equity & Law Life Assurance Society Ltd.:— 
 Furness & Parker Ltd.
 Friends' Provident & Century Life Office:— 
 Southern Roadways Ltd. Endowment.
 Legal & General Assurance Society Ltd.:— 
 Ardwick Haulage.
 Castle Bros. (Hauliers) Limited Staff Assurance Scheme.
 C. Scott's Road Services Ltd. Life Assurance Scheme.
 S. J. Jeffrey Ltd. Staff Assurance Scheme.
 National Employers' Life Assurance Co. Ltd.:— 
 F. Crowther & Son (Wakefield) Ltd.
 National Mutual Life Association of Australasia:— 
 Castleford Transport Ltd. Pension Scheme.
 Nationl Provident Institution:— 
 N. Francis & Co. Ltd.
 Northern Assurance Company:— 
 James Express Carriers Ltd.
 Norwich Union Life Insurance Society:— 
 Corringdon Ltd.
 Phoenix Assurance Co. Ltd.:— 
 Davies & Brownlow Ltd. Staff Pension Scheme.
 Provident Mutual Life Assurance Association:— 
 Carter Paterson Ltd.
 Hay's Wharf Cartage Co., Pickfords Ltd., & Carter Paterson
& Co. Ltd.
 Joseph Nall & Co. Ltd.
 Royal Exchange Assurance Co. Ltd.:— 
 Carter Paterson Ltd.
 Scottish Widows' Fund and Life Assurance Society:— 
 Atlantic Steam Navigation Co. Ltd. Pension and Life Insurance
Schemes.
 H. Viney & Co. Pension & Life Assurance Plan.
 Sun Life of Canada:— 
 D. M. Smith Road Transport Staff Scheme.
 G. & B. Watson—B. E. Palmer Ltd.
 H. & R. Duncan Ltd.
 J. Robertson Group Superannuation.
 Northern Motor Utilities Pension Scheme.
 T. Brown Transport Pension Scheme.
 W. A. Mitchell Road Transport.

Pension schemes for former Road Haulage Undertakings to which the Transferred Undertakings (Pensions
of Employees) (No. 2) Regulations 1952 and the British Transport Commission (Pensions of Employees) Regulations
1953
apply, not being schemes otherwise specified in this Part of this Schedule.


PART 2

 Bristol Tramways and Carriage Co. Ltd. Superannuation Scheme.

 City Widows' Pension Fund.
 Foremen and Staff Mutual Benefit Society.
 The British Electrical Endowment Fund.
 Tillings Endowment Funds.
 Tilling Group Pension Fund.
 Insurance Funds:— 
 General & Life Assurance Co.:— 
 West Riding Automobile Co. Ltd. E.P.T. Master Pension Plan.

 West Riding Automobile Co. Ltd. Pension Assurance Plan.
 Legal and General Assurance Society Ltd.:— 
 B.E.T. Group Pension Fund and B.E.T. Group Endowment Scheme.

 The B.E.T. Retirement Benefits Scheme.
 The Superannuation Fund of Shamrock and Rambler Motor Coaches
Ltd.
 Insurance Schemes:— 
 Equity and Law Life Assurance Society Ltd.:— 
 West Yorkshire Road Car Co. Ltd. (S. Ledgard Ltd.).
 Friends Provident and Century Life:— 
 Scout Motor Services Ltd. Works Provident Fund.
 Legal and General Assurance Society Ltd.:— 
 Red & White Services Limited.
 United Welsh Services Ltd.
 East Kent Group Pension Scheme.
 Provident Mutual Life Assurance Association:— 
 Brighton, Hove & District Omnibus Co. Ltd.
 Durham District Services Ltd.
 Eastern Coach Works Ltd.
 Eastern Counties Omnibus Co. Ltd.
 Maidstone & District Motor Services Ltd. Staff Pension
Scheme.
 Ribble Pension and Assurance Scheme.
 Southdown Motor Services Pension Scheme.
 The Aldershot & District Traction Co. Staff Pension Scheme.

 Tilling Staff Welfare Society—Section 1.
 United Automobile Services Ltd.
 United Counties Omnibus Co. Ltd.
 West Yorkshire Road Car Co. Ltd.
 Wilts and Dorset Motor Services Ltd.
 Prudential Assurance Co. Ltd.:— 
 B.M.M.O. Pension Scheme.
 Sun Life Assurance Society:— 
 Greenslades Tours Superannuation Scheme.
 “Bristol” Supplementary Pension Scheme.


Customary and ex gratia pension practices of the Tilling Group
of Companies (which for this purpose includes Eastern Coachworks Ltd. and
Bristol Commercial Vehicles Ltd.).

Property, rights
and liabilities of the Holding Company relating to any established scheme
not otherwise specified in this Part of this Schedule for the provision of
pensions for staff employed by companies formerly owned by the British Electrical
Traction Company Limited or any of its subsidiaries.

PART 3

 Scottish Bus Group Pension Fund.
 Customary and ex gratia pension practices of the Scottish
Bus Group Ltd. and Associated Companies.
