
1 

(1) This Order shall
come into operation on the 31st December 1968 and shall have effect from the
18th November 1968.
(2) This Order may be
cited as the British Transport (Pensions of Employees) (No. 2) Order 1968.

(3) In this Order, unless
the context otherwise requires—
 “the Act” means 
the Transport Act 1968;

 “accrued pension rights”
 has the meaning assigned to that expression
in paragraph (4) of this Article;
 “an actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries
in Scotland;
 “the appropriate body”,
in relation to a pension scheme under which pensions are provided in respect
of service rendered in the employment of a nationalised transport body, means—
(i) where the scheme is one in relation to which the property,
rights and liabilities of the Holding Company are transferred by the British Transport (Pensions of
Employees) (No. 1) Order 1968, the nationalised transport body to which
they are so transferred,
(ii) where the 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 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 for
the time being rests or in which those rights, liabilities and functions are
for the time being vested,
(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, the Freight Corporation, the Bus Company, the Scottish Group and the
Holding Company, is the body of which the said nationalised transport body
is a subsidiary immediately after the 1st January 1969, and
(iv) in all other cases, the nationalised transport body which
has established the scheme;
 “a Board” means 
any of the following bodies, namely—
 the British Railways Board,
 the London Transport Board,
 the British Transport Docks Board,
 the British Waterway Board;
 “the Bus Company” means the National Bus Company established under section 24 of the Act;

 “the Commission” means the British Transport Commission;
 “discharged officer”
means an officer who loses his employment as an officer
by reason of a relevant event (the cause of the loss having arisen not later
than the end of 10 years after the date of the event in question) and who
does not thereupon enter the employment of another nationalised transport
body, and “discharge” in relation to a discharged
officer means such loss of employment;

 “the Freight Corporation”
 means the National Freight Corporation
established under section 1
of the Act;
 “funded scheme” means a scheme, not being an insurance scheme, which relates in whole
or in part to providing pensions in respect of service rendered in the employment
of a nationalised transport body, such pensions being payable out of a fund
held by any person for the purposes of the scheme;
 “general scheme” means a scheme, not being a funded scheme or an insurance scheme, which
relates in whole or in part to providing pensions in respect of service rendered
in the employment of a nationalised transport body;
 “the Holding Company”
means the Transport Holding Company established under section 29 of the Transport Act 1962;

 “insurance scheme” means a scheme for providing pensions in respect of service rendered in
the employment of a nationalised transport body by way of contracts or policies
made or effected with an assurance company carrying on life assurance business
within the meaning of the Insurance Companies Act 1958(including
contracts or polices made with such a company for the purpose of implementing
any form of private superannuation fund);
 “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;

 “the Minister” means the Minister of Transport;
 “nationalised transport body”
 means any of the following:—
 a Board,
 the Holding Company,
 the Freight Corporation,
 the Bus Company,
 the Scottish Group,
 a subsidiary of any of the foregoing bodies;
 “non-participating
employment” has the meaning assigned
to it by section 56(1)
of the National
Insurance Act 1965;
 “normal retiring age”
means—
(i) in relation to a discharged officer who immediately
before his discharge was, by virtue of the terms of his employment or the
terms of the pension scheme associated with that employment, subject to a
requirement to retire from that employment before attaining the age of 65
years (if a man) or 60 years (if a woman), the age at which he would have
been required by those terms to retire if he had not been discharged,
(ii) in relation to a discharged officer who immediately before
his discharge had the right of continuing in his employment as an officer
beyond the age of 65 years (if a man) or 60 years (if a woman), the minimum
age at which he could, by the terms of his employment or the terms of his
pension scheme, be required to retire or, if there is no such age, his actual
age at the time when he could have been required by those terms to retire
if he had not been discharged, and
(iii) in all other cases, 65 years for men and 60 years for
women;
 “officer” means 
a person employed (whether as member, director or holder of some other office
or appointment, or as a servant) by any of the following bodies, that is to
say—
 the Railways Board,
 the Freight Corporation,
 the Bus Company,
 the Scottish Group,
 the Holding Company,
 a subsidiary of any of the foregoing bodies,
and “employment as an officer” means such employment by any of those bodies;
 “pensionable service”
means service ranking for benefit under a pension scheme
;
 “relevant event” means any one of the events specified in paragraph (a), (b), (c)
or (but only where the existing operator as defined in Schedule 6 to the Act whose consent
is revoked is a nationalised transport body) (d) of section 135(1)
of the Act:
 “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
(the provisions of section 51(5)
of the Act being disregarded); and
 “tribunal” means a referee or board of referees appointed by the Secretary of State
for Employment and Productivity after consultation with the Lord Chancellor
or, where the proceedings are to be held in Scotland, after consultation with
the Secretary of State.
(4) In this Order the
expression “accrued pension rights”, in relation
to a discharged officer, means any right to the payment
on or after his reaching normal retiring age or on or after the happening
of any other contingency (which expression includes the exercise of any right
to receive a pension on retirement before reaching normal retiring age) carrying
entitlement to pension under his scheme—
(a) if his scheme is an insurance scheme, of the
pension which would have been payable to or in respect of him by virtue of
any premiums paid by or in respect of him under the scheme up to the date
of his discharge; or
(b) if his
scheme is a funded scheme or a general scheme and the scheme is a scheme under
which the pension rights are related by some specific proportion to pensionable
service and pensionable emoluments, of a pension payable to or in respect
of him calculated at such fraction or fractions of his pensionable emoluments
in respect of each year or part of a year of his pensionable service as would
have been applicable under that scheme in the calculation of the pension,
if he had at the date of his discharge reached normal retiring age, or, as
the case may be, if the other contingency had then happened and there had
been no requirement of the scheme as to a minimum qualifying period of service;
or
(c) if his
scheme is a funded scheme or a general scheme and the scheme is a scheme under
which the pension rights are not related by some specific proportion to pensionable
service and pensionable emoluments, of a pension payable to or in respect
of him calculated on reaching normal retiring age or, as the case may be,
on the happening of the other contingency, as follows:—
(i) on reaching
normal retiring age, the pension which would have been payable under the scheme
had he continued to be a member of the scheme until that age without increase
of emoluments, but reduced in the proportion which the number of years of
pensionable service under the scheme before the date of his discharge bears
to the number of years of pensionable service which he would have rendered
had he continued to be a member of the scheme until normal retiring age; or

(ii) on the
happening of the other contingency, the pension which would have been payable
under the scheme if the contingency had happened on the date of his discharge
with the corresponding emoluments and length of service and there had been
no requirement of the scheme as to a minimum qualifying period of service:
Provided that
for the purpose of ascertaining the amount of any pension under sub-paragraphs
(b) and (c)
of this paragraph no account shall be taken of any right to payments of pension
on account of temporary periods of incapacity which exceed in total amount
or total period of payment the maximum amount or period laid down in the relevant
scheme.
(5) Unless the context
otherwise requires, references in this Order to the provisions of any Act
Parliament or instrument made thereunder shall be construed as references
to those provisions as amended, re-enacted or modified by or under any subsequent
Act 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 
Where a discharged
officer is entitled under his pension scheme, on his discharge, to receive
any payment by way of a return of contributions paid by or in respect of him,
with or without interest thereon, he may, at any time within three months
of the date of his discharge exercise his right to receive such a payment;
and where such a right is exercised by any person the subsequent provisions
of this Order shall not apply to him, and the persons administering the scheme,
the persons in whom any fund held for the purposes of the scheme is vested,
and the appropriate body shall be discharged from all other liability under
the scheme to or in respect of that officer or to any other person by reason
of that right having been exercised.
3 

(1) Subject to the provisions
of this Order, this and the next two succeeding Articles shall apply to every
discharged officer who at the date of his discharge has accrued pension rights
under a funded scheme.
(2) In respect of a discharged
officer to whom this Article applies, the appropriate body may, not later
than 3 months after the date of his discharge, make such arrangements with
the persons administering the scheme as shall secure to him his accrued pension
rights.
(3) Any arrangements
made under the last foregoing paragraph may be terminated by the appropriate
body at any time upon giving to the persons administering the scheme 3 months'
previous notice in writing.
(4) Notwithstanding anything
to the contrary in any such scheme as aforesaid or any statutory provisions
relating thereto or trust deeds, rules or other instruments made for the purposes
thereof, the persons administering the scheme shall be authorised to make
such arrangements (including the disposal of funds held for the purposes of
the scheme) as are referred to in paragraph (2) of this Article and the said
scheme, statutory provisions, trust deeds, rules and other instruments shall
be construed accordingly and as though provision was duly made in the scheme
for any arrangements so made.
4 

(1) Where no such arrangements
as are mentioned in Article 3
of this Order are made in relation to a discharged officer to whom this Article
applies, or where such arrangements, if made, have been duly terminated, the
persons in whom any funds held for the purposes of the scheme are vested shall
transfer to the appropriate body a sum which equals in amount either—

(a) the transfer
value at the date of his discharge or the date on which the arrangements are
terminated, as the case may be, of his pension rights as defined for the purposes
of the scheme, or
(b) in the absence
of such a definition, the estimated capital value at that date of his accrued
pension rights.with compound interest from the date of his discharge or the date
on which the arrangements are terminated, as the case may be, until such sum
is transferred to the appropriate body; and upon such sum being transferred,
the appropriate body shall indemnify the persons in whom the said sum is vested
against any liability for the payment of income tax in respect of the sum
transferred to that body, and, without prejudice to their liability under
arrangements made in accordance with Article 3
of this Order or under the preceding provisions of this Article, as from the
date of the discharge of such discharged officer, the persons administering
the scheme, and the persons in whom the said fund is vested, shall be discharged
from all liability under the scheme to or in respect of that discharged officer
or to any other person by reason of the transfer.
(2) The reference in
paragraph (1) of this Article to compound interest shall be construed as a
reference to compound interest at the same rate and with the same rests as
were applied—
(a) in a case where
the sum to be transferred is that referred to in sub-paragraph (a) of the said paragraph, for the purposes of the
last periodical actuarial valuation of the fund held for the purposes of the
scheme; and
(b) in any other
case, for the purposes of calculating the estimated capital value of the accrued
pension rights referred to in that paragraph.
(3) The sum to be transferred
to the appropriate body under the provisions of paragraph (1) of this Article
shall be transferred within 6 months after the date of the discharge of the
officer concerned or, where any such arrangements as are referred to in paragraph (2) of the last preceding
Article have been made, the date on which the arrangements are duly terminated,
as the case may be.
(4) The sum referred
to in paragraph (1)(b) of this Article
shall be determined by an actuary appointed by the appropriate body and the
fees of any actuary so appointed shall be defrayed by the appropriate body.

5 

(1) Subject to the provisions
of this Article, where in relation to a discharged officer to whom this Article
applies a sum has been transferred to the appropriate body under the provisions
of the last preceding Article, the appropriate body shall pay to or in respect
of that officer:—
(a) as from his reaching
normal retiring age, or as from the happening of any other contingency carrying
entitlement to pension under the scheme, the payment or payments comprised
in his accrued pension rights; or
(b) at the option
of the appropriate body in any case where the sum does not exceed £250
and where the officer concerned has not at any time before his discharge been
in non-participating employment or, if he has so been, a payment in lieu of
graduated contributions has been made in respect of his non-participating
employment in accordance with section 58
of the National
Insurance Act 1965, (such option to be exercised
not later than 6 months after the date of his discharge), a lump sum equal
in amount to the estimated capital value of his accrued pension rights at
the date when the option is exercised, as determined by an actuary appointed
by the appropriate body, reduced by the aggregate of—
(i) any sum which
the persons in whom the fund held for the purposes of that scheme is vested
may become liable to pay by way of income tax in respect of the amount transferred
by way of transfer value or estimated capital value, and
(ii) in a case
where a payment in lieu of graduated contributions has been made under section 58 of the National Insurance Act 1965
on the discharge of the officer concerned and the period taken into account
in fixing the amount of that payment includes any period of his pensionable
service under that scheme, the smaller of the following two sums—(A) one-half
of so much of that payment in lieu of graduated contributions as is referable
to that period of pensionable service, and(B) the
estimated capital value (determined as aforesaid) of the pension rights which
have accrued to him under that scheme in respect of that period of pensionable
service:Provided that
for the purposes of this paragraph, the expression “accrued pension
rights” excludes any pension payable during the period for which any
such arrangements as are referred to in Article 3(2)
of this Order are in force.
(2) Except as provided
in paragraph (1)(b) of this Article, the
payment or payments comprised in the accrued pension rights of a discharged
officer to whom this Article applies shall not be capable of surrender, commutation
or assignment otherwise than in accordance with the rules of his pension scheme.

(3) The appropriate body
may discharge its liability under paragraph (1)(a
) of this Article by making such arrangements with a life assurance
company as will secure to or in respect of the discharged officer concerned,
as from his reaching normal retiring age or as from the happening of any other
contingency carrying entitlement to pension under his pension scheme, the
payment or payments comprised in his accrued pension rights.
(4) Except as aforesaid,
the appropriate body shall be under no liability to or in respect of the discharged
officer concerned by reason of any rights under or arising out of his membership
of the scheme.
6 

(1) Subject to the provisions
of this Order, this Article shall apply to every discharged officer who at
the date of his discharge has accrued pension rights under an insurance scheme.

(2) In respect of a discharged
officer to whom this Article applies, the appropriate body shall, not later
than 3 months after the date of his discharge, make such arrangements with
the persons administering the scheme and the life assurance company concerned
as shall secure to or in respect of that discharged officer on his reaching
normal retiring age, or on the happening of any other contingency carrying
entitlement to pension under the scheme, the payment or payments comprised
in his accrued pension rights.
(3) Any arrangements
made under paragraph (2) of this Article shall, in any case where the payments
to be secured thereunder to or in respect of a discharged officer on his reaching
normal retiring age do not exceed £13 per annum and where the officer
concerned has not at any time before his discharge been in non-participating
employment or, if he has so been, a payment in lieu of graduated contributions
has been made in respect of his non-participating employment in accordance
with section 58 of the National Insurance Act 1965,
provide that the life assurance company may, at any time within 3 months of
the making of the arrangements, discharge its liability thereunder by paying
to or in respect of the discharged officer concerned a lump sum equal in amount
to the estimated capital value of his accrued pension rights as at the date
on which the arrangements are made, determined in such manner as may be provided
by the arrangements so made, and adjusted, in such manner as may be provided
by the arrangements, in respect of the aggregate of:—
(a) any sum which
the persons administering the scheme may become liable to pay by way of income
tax in consequence of the payment of the said lump sum, and
(b) in a case where
a payment in lieu of graduated contributions has been made under section 58 of the National Insurance Act 1965
on the discharge of the officer concerned and the period taken into account
in fixing the amount of that payment includes any period of his pensionable
service under that scheme, the smaller of the following two sums—
(i) one-half
of so much of that payment in lieu of graduated contributions as is referable
to that period of pensionable service, and
(ii) the estimated
capital value (determined as aforesaid) of the pension rights which have accrued
to him under that scheme in respect of that period of pensionable service.

(4) Notwithstanding anything
to the contrary in such scheme as aforesaid or any statutory provisions relating
thereto or trust deeds, rules or other instruments made for the purposes thereof,
the persons administering the scheme and the life assurance company concerned
shall be authorised to make such arrangements (including the disposal of any
funds held for the purposes of the scheme) as are referred to in paragraph
(2) of this Article and the said scheme, statutory provisions, trust deeds,
rules and other instruments shall be construed accordingly and as though provision
was duly made in the scheme for any arrangements so made.
(5) Except as provided
in paragraph (3) of this Article, the arrangements aforesaid shall ensure
that the payment or payments comprised in the accrued pension rights of the
officer concerned shall not be capable of surrender, commutation or assignment
otherwise than in accordance with the rules of his pension scheme.
7 

(1) Subject to the provisions
of this Order, this Article shall apply to every discharged officer who at
the date of his discharge has accrued pension rights under a general scheme.

(2) The appropriate body
shall pay to or in respect of a discharged officer to whom this Article applies—

(a) as from his reaching
normal retiring age, or as from the happening of any other contingency carrying
entitlement to pension under the scheme, the payment or payments comprised
in his accrued pension rights; or
(b) at the option
of the appropriate body in any case where the sum does not exceed £250
and where the officer concerned has not at any time before his discharge been
in non-participating employment or, if he has so been, a payment in lieu of
graduated contributions has been made in respect of his non-participating
employment in accordance with section 58
of the National
Insurance Act 1965, (such option to be exercised
not later than 6 months after the date of his discharge), a lump sum equal
in amount to the estimated capital value of his accrued pension rights at
the date when the option is exercised, as determined by an actuary appointed
by the appropriate body, reduced by the aggregate of—
(i) any sum payable
by way of income tax in consequence of the payment of the said lump sum, and

(ii) in a case
where a payment in lieu of graduated contributions has been made under section 58 of the National Insurance Act 1965
on the discharge of the officer concerned and the period taken into account
in fixing the amount of that payment includes any period of his pensionable
service under that scheme, the smaller of the following two sums:—(A) one-half
of so much of that payment in lieu of graduated contributions as is referable
to that period of pensionable service, and(B) the
estimated capital value (determined as aforesaid) of the pension rights which
have accrued to him under that scheme in respect of that period of pensionable
service.
(3) Except as provided
in paragraph (2)(b) of this Article, the
payment or payments comprised in the accrued pension rights of the officer
concerned shall not be capable of surrender, commutation or assignment otherwise
than in accordance with the rules of his pension scheme.
(4) The appropriate body
may discharge its liability under paragraph (2)(a
) of this Article by making such arrangements with a life assurance
company as will secure to or in respect of the discharged officer concerned
as from his reaching normal retiring age or as from the happening of any other
contingency carrying entitlement to pension under the scheme, the payment
or payments comprised in his accrued pension rights.
(5) Except as aforesaid,
the appropriate body shall be under no liability to or in respect of the discharged
officer concerned by reason of any rights under or arising out of his membership
of the scheme.
8 

(1) Subject to the provisions
of this Order, this Article shall apply to (and only to) every discharged
officer who at the date of his discharge is a participant in a funded scheme,
or who, having immediately before entering the employment of the Commission
been a participant in a funded scheme, is at the date of his discharge a member
of a general scheme by virtue of Regulations made by the Minister under section 98
of the Transport
Act 1947.
(2) In respect of any
discharged officer to whom this Article applies, and who, within a period
of 12 months from the date of his discharge, obtains other employment in connection
with which he has pension rights under another pension scheme (being a scheme
approved in whole or in part by the Commissioners of Inland. Revenue under section 379
of the Income
Tax Act 1952 or otherwise approved by them
for the purposes of this Article), the appropriate body may, subject to the
provisions of this Article, make arrangements with the persons administering
that other scheme and, in the case of a participant in a funded scheme, with
the persons administering that scheme, for the transfer to the persons administering
that other scheme of a sum which equals in amount either—
(a) the transfer
value at the date on which the arrangements are made of his pension rights
as defined for the purposes of his existing scheme, or
(b) in the absence
of such a definition, the estimated capital value at that date of his accrued
pension rights,with compound interest from the date on which the arrangements
are made until such transfer is made:Provided that no such arrangements
shall be concluded unless and until the appropriate body has communicated
the terms thereof to the discharged officer concerned, has furnished him with
a copy of a certificate given by the actuary of that other pension scheme
certifying that the pension rights to be conferred on him under the arrangements,
if made, will be actuarially equivalent to his accrued pension rights under
his former scheme, and has obtained his consent to the making of the arrangements.

(3) The reference in
paragraph (2) of this Article to compound interest shall be construed as a
reference to compound interest at the same rate and with the same rests as
were applied—
(a) in a case where
the sum to be transferred is that referred to in sub-paragraph (a) of the said paragraph, for the purposes of the
last periodical actuarial valuation of the fund held for the purposes of the
scheme; and
(b) in any other
case, for the purposes of calculating the estimated capital value of the accrued
pension rights referred to in that paragraph.
(4) The sum to be transferred
under any such arrangements as are referred to in paragraph (2) of this Article
shall be determined by an actuary appointed by the appropriate body and the
fees of any actuary so appointed shall be defrayed by the appropriate body.

(5) The persons administering
any pension scheme to whom any sum is transferred under any such arrangements
as are referred to in paragraph (2) of this Article shall indemnify the appropriate
body or, where the sum is transferred in respect of a participant in a funded
scheme, the persons in whom any fund held for the purposes of the funded scheme
is vested, against any liability for the payment of income tax in respect
of the sum so transferred.
(6) Notwithstanding anything
to the contrary in any such scheme as is referred to in the foregoing provisions
of this Article or any statutory provisions relating thereto or trust deeds,
rules or other instruments made for the purposes thereof, the appropriate
body and the persons administering the scheme shall be authorised to make
such arrangements (including the disposal of funds held for the purposes of
any funded scheme) as are referred to in paragraph (2) of this Article and
the said scheme, statutory provisions, trust deeds, rules and other instruments
shall be construed accordingly and as though provision was duly made in the
scheme for any arrangements so made.
9 

(1) Subject to the provisions
of this Order, this Article shall apply to every officer who is a member of
a pension scheme under which he has pension rights in connection with his
service in the employment of a nationalised transport body, and who (though
not discharged) suffers a diminution of his emoluments, or a change in the
nature or terms of his employment, by reason of a relevant event, the cause
of such diminution or change having arisen not later than the end of 10 years
after the date of the event in question.
(2) An officer to whom
this Article applies as a result of a diminution of his emoluments may (without
prejudice to any other power he may have in that behalf) with the consent
of the appropriate body and the persons administering the pension scheme continue
his premiums or contributions under the scheme and continue to have premiums
or contributions paid in respect of him thereunder and to be entitled to the
benefits thereof by reference to the amount of his emoluments before they
were first so diminished; and notwithstanding anything to the contrary contained
therein, every such scheme and any statutory provisions relating thereto and
all trust deeds, rules and other instruments made for the purposes thereof,
shall be construed accordingly and as though the provisions of this paragraph
were a term of the scheme.
(3) An officer to whom
this Article applies as a result of a change in the nature or terms of his
employment, the change being such as would terminate his membership of the
pension scheme, shall have the right, if he gives notice in writing to that
effect to the persons administering the scheme within 3 months of the date
of such change, to continue to be a member of the scheme so long as he remains
in the employment of a nationalised transport body and to be treated as having
been such from the date of such change and as subject to the like conditions
as to payment of premiums or contributions and otherwise in all respects as
if that change had not taken place; and notwithstanding anything to the contrary
contained therein, every such scheme and any statutory provisions relating
thereto and all trust deeds, rules and other instruments made for the purposes
thereof, shall be construed accordingly and as though the provisions of this
paragraph were a term of the scheme.
(4) Where an officer
who is entitled to give notice under paragraph (3) of this Article to the
persons administering a pension scheme does not give that notice within the
time prescribed thereby, the provisions of this Order (other than Article 2) shall apply in respect
of him as if he were a discharged officer and as if the date of the change
in the nature or terms of his employment which entitles him to give the said
notice were the date of his discharge.
10 
Where by reason of
any provision of this Order any liability falls upon the appropriate body
for a pension scheme in respect of a discharged officer or an officer to whom Article 9 of this Order applies
and—
(a) in the case of a
discharged officer, he was not an officer of, or of any subsidiary of, that
body immediately before his discharge, and
(b) in the case of an
officer to whom Article 9
of this Order applies, he was not an officer of, or of any subsidiary of,
that body immediately before the occurrence of the diminution of his emoluments
or the change in the nature or terms of his employment,
then whichever of the following bodies, that is to say,
the Railways Board, the Freight Corporation, the Bus Company, the Scottish
Group and the Holding Company, was the body by which, or by the subsidiary
of which, he was employed immediately before the discharge or occurrence aforesaid,
shall make such payment by way of contribution to the liability of the appropriate
body as may be just in all the circumstances; and if there is any disagreement
between the bodies concerned as to the obligations of any such body as aforesaid
under this Article, the matter shall, on the application of either body, be
referred for decision to the Minister and the Secretary of State jointly,
in a case involving the Scottish Group, or to the Minister in all other cases,
and the decision of the Minister and the Secretary of State or the decision
of the Minister (as the case may be) shall be final.
11 
Without prejudice
to the provisions of Article 10
of this Order any question arising between the appropriate body and any person
as to whether that person is a member of a pension scheme, and any question
arising between the appropriate body and a member of a pension scheme as to
the application or effect of any of the provisions of Articles 3(2), 5(1)(a), 5(3), 6(2), 7(2)(a) or 7(4)
of this Order shall in default of agreement between the parties concerned
be referred to a tribunal.
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