
PART I
1 

(1) This Order shall
come into operation on the 31st December 1969 and, except as mentioned in
paragraph (2) of this Article, shall have effect from the 30th October 1969.

(2) Article 7 of this Order shall
have effect from the 1st January 1969, and Articles 10
and 12 to 14
of this Order shall have effect from the 31st December 1969.
(3) This Order may be
cited as the British Transport (Pensions of Employees) (No. 1) Order 1969.

(4) In this Order, unless
the context otherwise requires—
 “the Act of 1962” means the Transport Act 1962;

 “the Act of 1968” means the Transport Act 1968;

 “the Act of 1969” means the Transport (London) Act 1969;

 “beneficiary”, in relation
to a pension scheme, means a person who has pension
rights thereunder by virtue of the pensionable service of a member who has
died or whose pension rights under the scheme have otherwise terminated;

 “the Commission” means the British Transport Commission which was dissolved under the Act
of 1962;
 “the designated company”
 means the company (being a wholly owned
subsidiary of the National Bus Company) designated under section 16(2) of the Act of 1969
;
 “employing body” means—
(a) for a present member of an established scheme, the
publicly owned transport body employing him,
(b) for a past member of an established scheme, the publicly owned
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 Act of
1962, the Act of 1968 and the Act of 1969, 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,

(c) for a beneficiary under an established scheme, the publicly owned
transport body which would have been the employing body under the foregoing
provisions of this definition for the member by virtue of whose pensionable
service the pension rights of the beneficiary have arisen, if that member
had not died or if his pension rights under the scheme had not otherwise terminated;

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

 “the executive”
means the London Transport Executive established under section 4 of the Act of 1969;

 “the London Board” means the London Transport Board;
 “the Minister” means—
(a) for the purposes of matters relating only to the Scottish
Transport Group (including any subsidiary of that group), the Secretary of
State,
(b) for the purposes of matters relating both to the Scottish Transport
Group (including any subsidiary as aforesaid) and to other publicly owned
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
by virtue of his pensionable service, whether or not he is a participant therein
, and “membership” 
shall be construed accordingly;
 “national transport authority”
 means any of the following—
(a) the British Railways Board,
(b) the London Board,
(c) the British Transport Docks Board,
(d) the British Waterways Board,
(e) the Transport Holding Company,
(f) the National Freight Corporation,
(g) the National Bus Company,
(h) the Scottish Transport Group,
(i) a subsidiary of any of the above bodies;
 “past member”, in relation
to a pension scheme, means a member whose pensionable
service has ceased;
 “pensionable service”,
in relation to a member of a pension scheme, means 
service in respect of which pension rights accrue or have accrued under that
scheme;
 “present member”, in
relation to a pension scheme, means a member whose pensionable
service has not ceased;
 “publicly owned transport body”
 means a national transport authority,
the Executive, or a subsidiary of the Executive;
 “relevant Transfer Order”
, in relation to a transfer of liabilities or functions, means whichever of the following Orders is an Order under which the liabilities
or functions in question have been or are transferred, that is to say, the
No. 2 Order of 1962, the No. 3 Order of 1962, the No. 1 Order of 1968 and
this Order;
 “responsible body”, in
relation to an established scheme, means—
(i) 
where the scheme is one in relation to which the rights, liabilities and functions
of the London Board are transferred by Part IV
of this Order, the publicly owned transport body to which they are so transferred,

(ii) where the scheme is one in relation to which the property, rights
and liabilities of the Transport Holding Company were transferred by Part IV of the No. 1 Order of
1968, the national transport authority to which they were so transferred,

(iii) where the scheme does not fall within (i) or (ii) 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 No. 2 or the No. 3 Order of 1962 (as the case may be), the national
transport authority (or if more than one, any one of those authorities) on
which that responsibility rests, or in which those rights, liabilities and
functions are vested, immediately after the 1st January 1970,
(iv) where the scheme does not fall within (i), (ii) or (iii) above
but is a scheme in which employees of a body which is a subsidiary of a national
transport authority specified in any of the heads (
a) to (h) of the definition
of that expression in this Article are participating immediately before the
1st January 1970, whichever of the said national transport authorities is
the authority of which the said body is a subsidiary immediately after the
1st January 1970,
(v) in all other cases, the national transport authority which has
established the scheme;
 “subsidiary”, in relation
to a national transport authority, has the same meaning
as in the Act of 1962, and in this connection no account shall be taken of
the provisions of section 51(5)
of the Act of 1968;
 “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 deed or other instrument made
for the purposes of the scheme;
 “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 publicly owned transport body.
(5) References in this
Order to the No. 1, 2, 3 or 4 Order of 1962, the No. 1 Order of 1964, or the
No. 1 or 2 Order of 1968 are respectively references—
(a) in the case of
an Order of 1962 or 1964, to the British Transport Re-organisation (Pensions
of Employees) Order so numbered of the year in question , and
(b) in the case of
an Order of 1968, to the British Transport (Pensions of Employees) Order so
numbered of that year .
(6) 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.

(7) The Interpretation Act 1889
shall apply for the interpretation of this Order as it applies for the interpretation
of an Act of Parliament, and as if for the purposes of section 38 of that Act this Order
were an Act of Parliament and the provisions revoked by Article 5 of this Order were provisions
of an Act of Parliament thereby repealed.
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 1970 and which is either—
(a) an existing scheme
within the meaning of the No. 1 Order of 1964, or
(b) a pension scheme
established under section 74
of the Act of 1962, or
(c) a pension scheme
which does not fall within (a) or (b) above but is a scheme in which employees of, or
of a subsidiary of, the British Railways Board or the Transport Holding Company
were participating immediately before the 1st January 1969, or
(d) a pension scheme
which does not fall within (a), (b) or (c) above
but is a scheme in which employees of, or of a subsidiary of, the London Board
are participating immediately before the 1st January 1970.
(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 publicly owned 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 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 

(1) Where in consequence
of a statutory provision specified in paragraph (4) of this Article the employing
body for any present member of an established scheme is not the responsible
body, or one of the responsible bodies, for that scheme, then—
(a) any sums required
by the terms of that scheme to be paid by that member 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 persons administering, the scheme; and
(b) any sums required
by the terms of that scheme to be paid in respect of that member 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 persons administering,
the scheme.
(2) Where in consequence
of a statutory provision specified in paragraph (4) of this Article the employing
body for any present members or past members of, or beneficiaries under, an
established scheme is not the responsible body, or one of the responsible
bodies, for that scheme, then—
(a) the employing
body shall make such payments to the responsible body or bodies by way of
contributions towards the administrative expenses of the scheme or (subject
to the provisions of paragraph (3) of this Article) towards any payments which
the responsible body in question is obliged to make in the discharge of the
liabilities, or in performance of the functions, transferred to it under a
relevant Transfer Order in relation to the scheme, or to implement any guarantee
given by such responsible body or binding upon it by virtue of the provisions
of such Transfer Order in relation to the scheme, as may be equitable having
regard to all the circumstances of the case, including the number of present
members, past members and beneficiaries involved, and to any obligations or
benefits (including past or prospective obligations or benefits) of the employing
body or of, or in relation to, such present members, past members and beneficiaries
as aforesaid, and in the case of any disagreement between the employing body
and any responsible body or between any responsible bodies themselves, as
to their obligations under this paragraph, the matter shall on the application
of any of the bodies concerned be determined by the Minister, whose decision
shall be final;
(b) the Minister
may, on the application of the employing body or of any responsible body,
and after consultation with any other body concerned, 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 the responsible body or bodies for the scheme
shall be exercisable by the employing body to such extent (whether instead
of the responsible body or bodies or jointly with such body or bodies) 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.

(3) Except in pursuance
of an agreement made, with the consent of the Minister, between the employing
body and the responsible body or bodies concerned, the employing body shall
not by virtue of paragraph (2) of this Article be required to make any payment
to any responsible body by way of a contribution towards any payments which
the responsible body is obliged to make in discharge of any liability transferred
to it by a relevant Transfer Order, being a liability in connection with any
pension fund monies which were deposited with the Commission before the 1st
January 1963 for the purposes of any established scheme.
(4) The statutory provisions
referred to in paragraphs (1) and (2) of this Article are any provision of—

(a) the Act of 1962,

(b) the Act of 1968,

(c) the Act of 1969,

(d) any order or
scheme made under any of the said Acts.
4 
Where a person who has pension rights under an established scheme
by virtue of his employment by the Commission or a publicly owned transport
body is on the 30th October 1969 or becomes on or after that date, a member
or director of a publicly owned transport body and holds his office as such
a member or director full time and at a salary, he shall be entitled to be
treated for the purposes of that scheme as if his service as such a member
or director were service in the employment of such a body, and as if, where
that service immediately precedes or follows other service which is, or is
to be treated as, service in the employment of a publicly owned transport
body, the two periods of service were continuous.
5 
Articles 13 and 14
of the No. 3 Order of 1962 and Articles 7 and 8
of the No. 1 Order of 1964 (which make provision corresponding to Article 3 of this Order), Article 16 of the No. 3 Order
of 1962 (which makes provision corresponding to Article 4
of this Order) and Article 4
of the No. 1 Order of 1968 (which adapts and extends 
Articles 13, 14 and 16 of the No. 3 Order of 1962)
are hereby revoked.
6 

(1) The No. 1 Order
of 1964 (which enables employees of one national transport authority to continue
to participate in or to re-enter pension schemes of another national transport
authority), (except Article 5
thereof), as amended by Article 3
of the No. 1 Order of 1968, shall have effect as if—
(a) (except in relation
to the cases mentioned in paragraph (2) of this Article) the expression “Board” in the said Order of 1964 included the
Executive, and
(b) the expression “existing scheme” in that Order included any
established scheme as defined in this Order.
(2) The cases referred
to in paragraph (1) of this Article are—
(a) where a member
of a pension scheme specified in Part 1 of the Schedule
to this Order ceases, after the 1st January 1970, to be in the employment
of the Executive or of a subsidiary of the Executive (otherwise than by reason
of a transfer under section 21 or 22
of the Act of 1969) and enters the employment of a national transport authority;

(b) where a member
of an established scheme (not being a pension scheme specified in Part 1 of the Schedule to this
Order or referred to in Article 12(2)
of this Order) ceases, after the 1st January 1970, to be in the employment
of a national transport authority (otherwise than as aforesaid) and enters
the employment of the Executive or of a subsidiary of the Executive.
7 
In Article 11
of the No. 1 Order of 1968 (which makes provision as to the transfer of property,
rights and liabilities of the Transport Holding Company relating to pension
schemes) there shall be inserted after paragraph (2) the following paragraph:—
“
(2A) Without
prejudice to the foregoing provisions of this Article, the following provisions
shall have effect in relation to the Railway Clearing System Superannuation
Fund Scheme on and after the 1st January 1969:—
(a) the Freight Corporation shall be regarded
as an Assenting Contributing Body within the meaning of, and for all the purposes
of, that scheme, and
(b) the Freight Corporation shall be regarded
for the purposes of that scheme as the employer of every member thereof who
becomes, or is, employed by a subsidiary of that Corporation on or at any
time after the 1st January 1969.”.
PART III
8 
Any person who, immediately before the 1st January 1970, is a present
member of a pension scheme specified in Part 1 of the Schedule
to this Order but who does not on or before that date become employed by the
Executive or by a subsidiary of the Executive shall not in consequence of
the transfer to the Executive of the rights, liabilities and functions of
the London Board relating to that scheme provided for in Part IV of this Order cease to
be eligible to be a member of that scheme.
9 
Where a person who has no pension rights under an established scheme
enters before the 1st January 1970 the employment of the Executive or the
designated company after leaving the employment of the London Board or a subsidiary
of that Board, 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 the Executive or the designated
company, he had been continuing in comparable employment of the London Board
and if the transfer of the property, rights and liabilities of the London
Board under section 16
of the Act of 1969 were not taking place.
10 
Where by reason of a transfer under section 16, 21(3) or 22(2)
of the Act of 1969 a person ceases to be employed by one publicly owned transport
body and becomes employed by another such body, or the employer of a person
ceases to be a subsidiary of one publicly owned 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.
11 
Where on or after the 30th October 1969 a person enters employment
by a subsidiary of the Executive (whether by reason of becoming an employee
of that subsidiary or by reason of a change in the terms and conditions of
his existing employment by that subsidiary) 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 London Transport (Administrative
and Supervisory) Staff Superannuation Fund or the London Transport Pension
Fund according as the terms and conditions of that employment would have created
eligibility for membership of the Fund in question, if the employment entered
had been that of the Executive.
PART IV
12 

(1) The rights, liabilities
and functions of the London Board relating to, and any property held by that
Board on trust for, the established schemes which are specified in Parts 1 and 2 of the Schedule
to this Order shall be respectively transferred to the Executive and the designated
company.
(2) The rights, liabilities
and functions of the London Board (including any property held on trust by
that Board) relating to the London Borough of Newham Superannuation Fund (so
far as regards persons who were formerly members of the West Ham Corporation
Superannuation Fund) or to the Railway Clearing System Superannuation Fund
Scheme which were transferred to the London Board by the No. 3 Order of 1962
shall be transferred to the Executive or the designated company according
as those rights, liabilities, functions and property relate to persons (whether
present members, or past members of, or beneficiaries under, the pension scheme
in question) for whom the Executive or the designated company (as the case
may be) is, or becomes, the employing body on the 1st January 1970.
(3) Any rights, liabilities
and functions of the London Board relating to pensions or pension schemes,
which are not transferred under the foregoing provisions of this Article or
under Article 13
of this Order, shall be transferred to the Executive.
13 

(1) The liabilities
of the London Board to make payments or contributions to some other national
transport authority under any of the provisions mentioned in paragraph (2)
of this Article shall be transferred to the Executive or the designated company
according as those liabilities relate to persons (whether present members
or past members of, or beneficiaries under, a pension scheme) for whom the
Executive or the designated company (as the case may be) is, or becomes, the
employing body on the 1st January 1970.
(2) The provisions
referred to in paragraph (1) of this Article are the provisions of—

(a) Article 5 of the No. 1 Order of
1962,
(b) 
Articles 13 and 14 of the No. 3 Order of 1962,

(c) Article 10 of the No. 4 Order
of 1962,
(d) 
Articles 7 and 8 of the No. 1 Order of 1964.

14 

(1) All the transfers
of rights, liabilities, functions and property of the London Board provided
for in this Part of this Order shall take place on the 1st January 1970 and
shall be transfers subject to the provisions of this Order, and the rights,
liabilities, functions and property 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 8 to 13 of Schedule 2
to the Act of 1969 (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,
(a) the word “agreement” in those paragraphs shall include
any trust deed, rules or other instrument relating to an established scheme,

(b) the references
to property, rights or liabilities in those paragraphs shall include references
to functions,
(c) nothing in
those paragraphs shall, in relation to the cases mentioned in paragraph (2) of Article 6 to
this Order, have the effect of applying the No. 1 Order of 1964 to the Executive
as if it were the London Board.
(3) Without prejudice
to the foregoing provisions of this Article, the following provisions shall
have effect in relation to the Railway Clearing System Superannuation Fund
Scheme on and after the 1st January 1970:—
(a) the Executive
and the designated company shall be regarded as Assenting Contributing Bodies
within the meaning of, and for all the purposes of, that scheme, and
(b) the Executive
and the designated company shall respectively be regarded for the purposes
of that scheme as the employer of every present member thereof for whom a
subsidiary of the Executive or of that company (as the case may be) becomes,
or is, the employing body at any time after the 1st January 1970.
(4) Nothing in this
Part of this Order shall affect the tenure of office of any person appointed
or nominated by the London Board before the 1st January 1970 in the exercise
of any power conferred on that Board by any term of any established scheme
or otherwise exercisable by that Board in relation to an established scheme.

Given under the Official Seal of the Minister of Transport the
15th December 1969.
Fred Mulley
Minister of Transport
Given under the Seal of the Secretary of State for Scotland on
17th December 1969.
William Ross
Secretary of State for Scotland

THE SCHEDULE
PART 1

 British Electrical Endowment Fund.
 Greater London Council Superannuation Fund.
 London Borough of Bexley Superannuation Fund.
 London Borough of Croydon Superannuation Fund.
 London Borough of Newham Superannuation Fund (in relation to persons
who were formerly members of the East Ham Corporation Superannuation Fund).

 London Borough of Redbridge Superannuation Fund.
 London Borough of Waltham Forest Superannuation Fund.
 London Transport (Administrative and Supervisory) Staff Superannuation
Fund.
 London Transport (Male Wages Grades) Pension Scheme.
 London Transport Pension Fund.
 Metropolitan Railway Pension Fund.
 Metropolitan Railway Supplementary Pension Fund (Wages Staff).
 Allowances and supplementation of pensions of the former London Passenger
Transport Board in pursuance of customary obligations which became obligations
of the Commission under section 99(2)
of the Transport
Act 1947.
 Allowances and supplementation of pensions of the Commission in pursuance
of customary obligations which became obligations of the London Board under section 75 of, and Schedule 7
to, the Act of 1962.
 Allowances and supplementation of pensions of the London Board in pursuance
of schemes established with the consent of the Minister under Article 17 of the No. 3 Order
of 1962.

PART 2

 London Transport (Country Buses and Coaches) Employees' Friendly Society.

