Clause 7.—(MISCELLANEOUS AMENDMENTS AS TO SERVICE.) (Hansard, 6 May 1953)

§ Mr. H. Macmillan
I beg to move, in page 11, line 6, to leave out "or some part."
This Amendment is a result of an undertaking which I gave in Standing Committee to look into the points raised by my hon. and learned Friend the Member for Ilford, North (Sir G. Hutchinson). Under Section 12 (6) of the 1937 Act the contributory employee, who started service in the employment of a local government officer, what is called indirect service, and had been not fewer 516 than three years in such service could, at the discretion of the local authority, on his becoming a regular employee in their service, have the right to reckon the whole or any part of his indirect service as the authority might determine would be suitable.
This determination had, under that Act, to be made within one year after becoming a contributory employee, and Clause 7 (3) of the Bill gives a second chance to the local authority to make a determination if no service at all was given on the first chance. The Amendment put down by my hon. and learned Friend, which we discussed in the Standing Committee, was to allow a further determination to be made where the local authority had already made a determination only allowing a part of the indirect service.
I was agreeable to that and so was the Committee, but I pointed out that I wanted to provide against this right of further appeal, so to speak, being used in any way except to the benefit of the contributor, whereas as the Amendment stood it might have been used to remove some benefit already given. In the words we have now provided we are achieving the purpose of giving this second chance and only allowing it to be used beneficially to the contributor and not to his disadvantage.

Mr. Macmillan
I beg to move, in page 11, line 21, after "managers," to insert of a public elementary school maintained but not provided by a local education authority for elementary education under the Education Act, 1921, or of the managers. This Amendment deals with a point which was raised in Standing Committee. It was a question as to whether the words that we have drawn covered all classes of teachers whom it was intended to cover, and this merely makes it clear that 517 it covers those supplementary teachers who served in what were then called non-provided schools under the 1921 Act as well as those who served in what are renamed voluntary schools under the Education Act, 1944. It, therefore, makes it clear beyond peradventure that both classes in both Acts are covered.

§ Mr. Macmillan
I beg to move, in page 11, line 23, after "becomes," to insert, "or has become."
This Amendment has a retrospective effect. Part of Clause 7 (4) says that persons who have already become contributory employees before its passing will get the benefit of back service as supplementary teachers as well as new entrants. It tidies the matter up a bit, and is hardly more than a drafting Amendment.

§ Mr. Macmillan
I beg to move, in page 11, line 23, at the end, to insert: and that service is not treated as recognised or contributory service under the Teachers (Superannuation) Act, 1918 to 1946, and, but for the provisions of this subsection, would not be reckonable as service for the purposes of the principal English Act, then. This Amendment seeks to prevent the back service of supplementary teachers from being counted twice. It is to make sure that a teacher does not come under two Measures but one, because there is a possibility of a person getting a pension under two Bills.

§ Mr. Macmillan
I beg to move, in page 11, line 25, at the end, to insert: (5) If a person who is a contributory employee has, at any time before becoming such an employee, been appointed by and at the expense of a superintendent registrar or a registrar of births and deaths to be his deputy and has in that appointment devoted substantially the whole of his time to the duties of the officer to whom he is deputy, then—

(a) the period of that appointment; and

(b) if he ceased to hold that appointment in order to enter upon war service within the meaning of the Local Government Staffs (War Service) Act, 1939, or any service such as is mentioned in paragraphs (a) to (d) of subsection (2) of this section, the period of that service; and

(c) except in the case of such service as is mentioned in paragraph (a) of the said subsection (2). any period immediately following the termination of any such service during which that person, with the consent of the officer to whom he was deputy, continued in similar service,
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shall be deemed for superannuation purposes to have been a period of service rendered to a local authority.

This Amendment covers the deputies of superintendent registrars and registrars of births and deaths appointed by the registrar and paid by them out of their fees. These are not registration officers within the meaning of the definition of Section 40 (1) 1937 Act, because they are not provided by, and at the expense of, the local authority. They are not, therefore, superannuate and it is not intended that they should be made so. Their service, however, as deputies is akin to the indirect service dealt with under another heading just now.
In the Standing Committee I undertook to look into the question of their position. This new subsection will cover them. It will allow these deputies to reckon their service as non-contributory service for superannuation purposes if they become, or have before the passing of the Bill become, contributory employees. It puts them on a par with other similar indirect services. It is a fair point which we ought to cover and this Amendment tries to do so.