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Public Service Pensions Act 2013

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Change 1

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As published

SCHEDULE 1 Persons in public service: definitions

Section 1(3) Civil servants 1 In this Act, “civil servants” means persons employed in the civil service of the State (not including the civil service of Northern Ireland). Judiciary 2 (1) In this Act, “the judiciary” means holders of an office specified in an order made by— (a) the Secretary of State, in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, or (b) the Lord Chancellor, in any other case. (2) An order under sub-paragraph (1) that specifies a devolved office in or as regards Scotland or Northern Ireland may only be made at the request of the relevant national authority. (3) In sub-paragraph (2), “relevant national authority” means— (a) in relation to a devolved office within paragraph (a) of the definition of “devolved office” in section 37, the Department of Justice in Northern Ireland; (b) in relation to a devolved office within paragraph (b) of the definition of “devolved office” in section 37, the Scottish Ministers. (4) An order under sub-paragraph (1) is subject to the negative procedure. Local government workers 3 (1) In this Act, “local government workers” means persons employed in local government service and specified in scheme regulations. (2) In this paragraph, “local government service” means service specified in scheme regulations. Teachers 4 In this Act, “teachers” includes persons who are employed otherwise than as teachers— (a) in a capacity connected with education which to a substantial extent involves the control or supervision of teachers, or (b) in employment which involves the performance of duties in connection with the provision of education or services ancillary to education, and who are specified in scheme regulations. Health service workers 5 (1) In this Act, “health service workers” means persons engaged in health services and specified in scheme regulations. (2) In this paragraph, “health services” means services specified in scheme regulations. Fire and rescue workers 6 In this Act, “fire and rescue workers” means persons employed by— (a) a fire and rescue authority in England or Wales, (aa) the chief constable of the police force for a police area having been— (i) transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, ... (ii) appointed by the chief constable under section 4I(4) of that Act, (iii) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or (iv) appointed by the chief constable under section 107EC(2) of that Act, or (b) the Scottish Fire and Rescue Service. Police forces 7 In this Act “members of a police force”— (a) in relation to England and Wales, includes special constables and police cadets; (b) in relation to Scotland, means members of the Police Service of Scotland and police cadets. Armed forces 8 In this Act, “the armed forces” means the naval, military and air forces of the Crown. Transitional provision 9 In relation to a time before the coming into force of section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), the reference in paragraph 6(b) to the Scottish Fire and Rescue Service is to be read as a reference to a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)). 10 In relation to a time before the coming into force of section 6 of the Police and Fire Reform (Scotland) Act 2012, the reference in paragraph 7(b) to the Police Service of Scotland is to be read as a reference to a police force within the meaning of the Police (Scotland) Act 1967.

Your change, as a redline

SCHEDULE 1 Persons in public service: definitions

Section 1(3) Civil servants 1 In this Act, “civil servants” means persons employed in the civil service of the State (not including the civil service of Northern Ireland). Judiciary 2 (1) In this Act, “the judiciary” means holders of an office specified in an order made by— (a) the Secretary of State, in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, or (b) the Lord Chancellor, in any other case. (2) An order under sub-paragraph (1) that specifies a devolved office in or as regards Scotland or Northern Ireland may only be made at the request of the relevant national authority. (3) In sub-paragraph (2), “relevant national authority” means— (a) in relation to a devolved office within paragraph (a) of the definition of “devolved office” in section 37, the Department of Justice in Northern Ireland; (b) in relation to a devolved office within paragraph (b) of the definition of “devolved office” in section 37, the Scottish Ministers. (4) An order under sub-paragraph (1) is subject to the negative procedure. Local government workers 3 (1) In this Act, “local government workers” means persons employed in local government service and specified in scheme regulations. (2) In this paragraph, “local government service” means service specified in scheme regulations. Teachers 4 In this Act, “teachers” includes persons who are employed otherwise than as teachers— (a) in a capacity connected with education which to a substantial extent involves the control or supervision of teachers, or (b) in employment which involves the performance of duties in connection with the provision of education or services ancillary to education, and who are specified in scheme regulations. Health service workers 5 (1) In this Act, “health service workers” means persons engaged in health services and specified in scheme regulations. (2) In this paragraph, “health services” means services specified in scheme regulations. Fire and rescue workers 6 In this Act, “fire and rescue workers” means persons employed by— (a) a fire and rescue authority in England or Wales, (aa) the chief constable of the police force for a police area having been— (i) transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, ... (ii) appointed by the chief constable under section 4I(4) of that Act, (iii) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or (iv) appointed by the chief constable under section 107EC(2) of that Act, or (b) the Scottish Fire and Rescue Service. Police forces 7 In this Act “members of a police force”— (a) in relation to England and Wales, includes special constables and police cadets; (b) in relation to Scotland, means members of the Police Service of Scotland and police cadets. Armed forces 8 In this Act, “the armed forces” means the naval, military and air forces of the Crown. Transitional provision 9 In relation to a time before the coming into force of section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), the reference in paragraph 6(b) to the Scottish Fire and Rescue Service is to be read as a reference to a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)). 10 In relation to a time before the coming into force of section 6 of the Police and Fire Reform (Scotland) Act 2012, the reference in paragraph 7(b) to the Police Service of Scotland is to be read as a reference to a police force within the meaning of the Police (Scotland) Act 1967.

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