(1) Scheme regulations for a local government new scheme may make provision about the benefits payable to or in respect of a relevant pension credit member and the corresponding pension debit member.
(2) In this section “relevant pension credit member”, in relation to a local government new scheme, means a member of the scheme who has rights under the scheme—
(a) which are attributable (directly or indirectly) to a pension credit, and
(b) the value of which was determined (to any extent) by reference to the value of benefits payable in respect of the remediable service in an employment or office of another member.
(3) In this section “the corresponding pension debit member”, in relation to a relevant pension credit member, means the member mentioned in subsection (2)(b).
(4) The provision that may be made by scheme regulations under this section includes, in particular—
(a) provision modifying any provision of this Chapter in its application to persons of a description specified in the regulations;
(b) provision corresponding to, or applying, any provision of this Chapter, with or without modifications.
(5) In this section—
“modifying” includes disapplying or supplementing (and cognate expressions are to be construed accordingly);
“pension debit” means a debit under section 29(1)(a) of WPRA 1999 or Article 26(1)(a) of WRP(NI)O 1999;
“pension credit” means a credit under section 29(1)(b) of WPRA 1999 or Article 26(1)(b) of WRP(NI)O 1999.
81 Further powers to make provision about special cases
(1) Scheme regulations for a local government new scheme may make further provision relating to a member who has remediable service in an employment or office.
(2) The provision that may be made under subsection (1) includes, in particular, provision about cases in which a person has remediable service in an employment or office any of which is excess teacher service.
(3) Scheme regulations for a local government new scheme may make provision about injury and compensation benefits payable under a relevant injury and compensation scheme to or in respect of a member who has remediable service in an employment or office.
(4) Provision made under subsection (3) may in particular be made by amending the relevant injury and compensation scheme.
(5) In subsections (3) and (4) and this subsection—
(a) “injury and compensation scheme” means a pension scheme that is listed in Schedule 6 to PSPA 2013 or Schedule 6 to PSPA(NI) 2014 (existing injury and compensation schemes);
(b) an injury and compensation scheme is “relevant”, in relation to a local government new scheme, if it is connected with the local government new scheme;
(c) a reference to “injury and compensation benefits” payable under an injury and compensation scheme is a reference to—
(i) in the case of an injury and compensation scheme in relation to which Schedule 6 to PSPA 2013 or Schedule 6 to PSPA(NI) 2014 specifies particular benefits, those benefits;
(ii) in the case of any other injury and compensation scheme, any benefits payable under the scheme.
(6) The provision that may be made by scheme regulations under this section includes, in particular—
(a) provision modifying any provision of this Chapter in its application to persons of a description specified in the regulations;
(b) provision corresponding to, or applying, any provision of this Chapter, with or without modifications.
(7) In this section “modifying” includes disapplying or supplementing (and cognate expressions are to be construed accordingly).
(1) The scheme manager for a local government new scheme may pay amounts by way of compensation in respect of compensatable losses incurred by members or, in the case of deceased members, their personal representatives.
(2) Scheme regulations for a local government new scheme may make provision under which an employer in relation to the scheme is required to reimburse the scheme manager for amounts paid under subsection (1).
(3) For the purposes of this section a loss incurred by a member, or by a member’s personal representatives, is “compensatable” if and to the extent that—
(a) either of the following conditions is met, and
(b) the loss is of a description specified in Treasury directions.
(4) The first condition is that the loss is attributable to, or is reasonably regarded as attributable to, a relevant breach of a non-discrimination rule.
(5) The second condition is that the loss is attributable to the application of any provision of, or made under, this Chapter.
(6) In this section (subject to subsection (8)) “loss” includes a loss of any kind including, in particular, a Part 4 tax loss.
(7) In this section “Part 4 tax loss”, in relation to a member, means a loss arising as a result of the member—
(a) incurring a charge, or incurring an increased charge, under Part 4 of FA 2004, or
(b) not being entitled to a relief, or being entitled to less relief, under that Part of that Act.
(8) In this section “loss” does not include an amount that is payable under this Chapter or under regulations made by virtue of this Chapter.
(9) In this section “non-discrimination rule” means a rule that is, or at any time was, included in a local government scheme by virtue of—
(a) section 61 of EA 2010, or
(b) paragraph 2 of Schedule 1 to EEAR(NI) 2006.
(10) For the purposes of this section a breach of a non-discrimination rule is “relevant” if it arises from the application of a provision of scheme regulations made before 1 April 2022 under which the benefits payable under the scheme that are determined by reference to a member’s pensionable service in an employment or office are final salary benefits.
(11) Subsection (1) does not confer power to pay amounts by way of compensation in respect of compensatable losses so far as—
(a) any person has already received amounts by way of compensation in respect of them, or
(b) amounts that any person has paid the scheme have been reduced by amounts in respect of them,
whether pursuant to an order of a court or tribunal or otherwise.
(1) Scheme regulations for a local government new scheme may make provision under which, where a member has incurred a compensatable loss that is a Part 4 tax loss—
(a) the member is not paid an amount under section 82 by way of compensation in respect of the loss, and
(b) the member is instead paid such additional benefits under the scheme as may be determined in accordance with the regulations.
(2) In this section “compensatable loss” and “Part 4 tax loss” have the same meaning as in section 82.
(1) Scheme regulations for a local government new scheme may make provision—
(a) under which interest is required to be calculated and paid on relevant amounts;
(b) about the process by which relevant amounts (and any interest on them) are to be paid.
(2) Scheme regulations made by virtue of subsection (1)(b) may, in particular, include provision—
(a) about when relevant amounts (and any interest on them) are to be paid (including provision under which they are paid in instalments);
(b) under which relevant amounts (and any interest on them) may be paid only on the making of an application;
(c) conferring rights of appeal against decisions taken under the regulations.
(3) In this section “relevant amounts” means any amounts that are payable by the scheme to a person under or by virtue of this Chapter.
(1) The powers mentioned in subsection (2) must be exercised in accordance with Treasury directions.
(2) The powers are—
(a) the power to make scheme regulations by virtue of section 80 (pension credit members) and any powers exercisable by virtue of such regulations;
(b) the power to make scheme regulations by virtue of section 81 (further powers to make provision about special cases) and any powers exercisable by virtue of such regulations;
(c) the power of a scheme manager under section 82(1) (power to pay compensation);
(d) the power to make scheme regulations by virtue of section 82(2) (power to require employer to reimburse compensation paid by scheme manager) and any powers exercisable by virtue of such regulations;
(e) the power to make scheme regulations by virtue of section 83(1) (indirect compensation) and any powers exercisable by virtue of such regulations;
(f) the power to make scheme regulations by virtue of section 84(1) (interest and process) and any powers exercisable by virtue of such regulations.
(3) Treasury directions under this section may provide for amounts that are to be paid by a scheme in relation to a member to be determined—
(a) taking into account the particular circumstances of the member and (if different) the person to whom the amount is to be paid, or
(b) without taking into account any or all of the particular circumstances of that person or those persons.
(4) Treasury directions under this section that relate to the calculation and payment of interest, and variations and revocations of such directions, may only be made after consultation with the Government Actuary.
(5) For the definition of “Treasury directions”, see section 87(1).
(1) In this Chapter “local government scheme” means—
(a) a local government new scheme, or
(b) a local government legacy scheme.
(2) In this Chapter “local government new scheme” means—
(a) a scheme under section 1 of PSPA 2013 (schemes for persons in public service) which is a defined benefits scheme for local government workers (within the meaning of that Act), or
(b) a scheme under section 1 of PSPA(NI) 2014 (schemes for persons in public service) which is a defined benefits scheme for local government workers (within the meaning of that Act).
(3) In this Chapter “local government legacy scheme” means—
(a) an existing scheme (within the meaning of PSPA 2013) mentioned in paragraph 16 or 17 of Schedule 5 to PSPA 2013 (local government workers), or
(b) an existing scheme (within the meaning of PSPA(NI) 2014) mentioned in paragraph 3 of Schedule 5 to PSPA(NI) 2014 (local government workers).
(1) In this Chapter—
“Chapter 1 scheme” has the same meaning as in Chapter 1;
“final salary benefits” has the meaning given by subsection (2);
“judicial scheme” has the same meaning as in Chapter 2;
“local government legacy scheme” has the meaning given by section 86(3);
“local government new scheme” has the meaning given by section 86(2);
“local government scheme” has the meaning given by section 86(1);
“scheme regulations”—
in relation to a local government new scheme within section 86(2)(a) has the same meaning as in PSPA 2013 (see section 1(4) of that Act);
in relation to a local government new scheme within section 86(2)(b) has the same meaning as in PSPA(NI) 2014 (see section 1(4) of that Act);
“Treasury directions” means—
in relation to a local government scheme within section 86(2)(a) or (3)(a), directions given by the Treasury;
in relation to a local government scheme within section 86(2)(b) or (3)(b), directions given by the Department of Finance in Northern Ireland.
(2) For the purposes of this Chapter, benefits payable under a pension scheme to or in respect of a member are “final salary benefits” if they are determined by reference to the member’s pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to—
(a) the time when the member’s pensionable service in relation to the scheme ends, or
(b) the time when the member attains normal pension age under a local government legacy scheme.
(3) Where—
(a) a member of a pension scheme has service in multiple employments or offices that is pensionable service under the scheme, and
(b) the service is aggregated for the purpose of determining the amount of any benefit under the scheme,
the service is treated for the purposes of this Chapter as service in a single employment or office (and references to the employment or office in relation to the service are to be read accordingly).
(1) PSPA 2013 is amended in accordance with subsections (2) and (3).
(2) In section 18 (restriction of existing pension schemes)—
(a) in subsection (4), omit the words after paragraph (b);
(b) after subsection (4) insert—
(4A) Subsection (1) does not apply, and is treated as never having applied, in relation to a person’s service that is pensionable service under an existing scheme by virtue of—
(a) section 2(1) of PSPJOA 2022 (remediable service treated as pensionable service under Chapter 1 legacy scheme), or
(b) section 42(2) of that Act (remediable service treated as pensionable service under judicial legacy scheme).
For further provision affecting the application of subsection (1), see section 89(1) of that Act.
;
(c) omit subsections (5) to (8).
(3) In section 31 (restriction of certain existing public body pension schemes) in subsection (4) omit the words from “, and section 18(6) and (7)” to the end.
(4) PSPA(NI) 2014 is amended in accordance with subsections (5) and (6).
(5) In section 18 (restriction of existing pension schemes)—
(a) in subsection (4), omit “This is subject to subsection (8).”;
(b) after subsection (4) insert—
(4A) Subsection (1) does not apply, and is treated as never having applied, in relation to a person’s service that is pensionable service under an existing scheme by virtue of—
(a) section 2(1) of PSPJOA 2022 (remediable service treated as pensionable service under Chapter 1 legacy scheme), or
(b) section 42(2) of that Act (remediable service treated as pensionable service under judicial legacy scheme).
For further provision affecting the application of subsection (1), see section 89(4) of that Act.
;
(c) omit subsections (5) to (9).
(6) In section 32 (restriction of certain existing public body pension schemes), in subsection (4) omit the words from “and section 18(7) and (8)” to the end.
(7) In consequence of the amendments made by the preceding provisions of this section, in JUPRA 1993, in section 18A (pension scheme for fee-paid judges), omit subsections (4) and (5).
89 Restriction of existing schemes: savings and transitional provision
(1) The repeal made by section 88(2)(c) of section 18(5) to (8) of PSPA 2013 (which removes the power to provide for exceptions to section 18(1) of that Act and which, accordingly, has the effect that any exceptions previously provided for under the power lapse) is subject to the following savings and transitional provision.
(2) The repeal does not affect—
(a) the continued operation of any scheme regulations made before the coming into force of the repeal so far as they provide for benefits to be provided under an existing scheme to or in respect of a person in relation to the person’s service before 1 April 2022;
(b) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service on or after 1 April 2022 which is transferred in from a pension scheme which is not a scheme under section 1 of PSPA 2013 or section 1 of PSPA(NI) 2014;
(c) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service before 1 April 2022 where the accrual rate is affected by the length of the person’s period of service (including a period after that date).
(3) In subsection (2)—
“existing scheme” has the same meaning as in PSPA 2013 (see section 18(2) of that Act);
“scheme regulations” has the same meaning as in PSPA 2013 (see section 1(4) of that Act).
(4) The repeal made by section 88(5)(c) of section 18(5) to (9) of PSPA(NI) 2014 (which removes the power to provide for exceptions to section 18(1) of that Act and which, accordingly, has the effect that any exceptions previously provided for under the power lapse) is subject to the following savings and transitional provision.
(5) The repeal does not affect—
(a) the continued operation of any scheme regulations made before the coming into force of the repeal so far as they provide for benefits to be provided under an existing scheme to or in respect of a person in relation to the person’s service before 1 April 2022;
(b) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service on or after 1 April 2022 which is transferred in from a pension scheme which is not a scheme under section 1 of PSPA(NI) 2014 or section 1 of PSPA 2013;
(c) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service before 1 April 2022 where the accrual rate is affected by the length of the person’s period of service (including a period after that date).
(6) In subsection (5)—
“existing scheme” has the same meaning as in PSPA(NI) 2014 (see section 18(2) of that Act);
“scheme regulations” has the same meaning as in PSPA(NI) 2014 (see section 1(4) of that Act).
(1) No benefits are to be provided under a relevant scheme to or in respect of a person in relation to the person’s service after 31 March 2022.
(2) In subsection (1), “relevant scheme” means—
(a) the Judicial Pensions Regulations 2015 (S.I. 2015/182),
(b) the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76),
(c) the scheme constituted by Parts 1 to 11 of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522), or
(d) the pension scheme established for certain employees of the Secret Intelligence Service which came into operation on 1 January 1946 and was amended on 1 September 1957 and 1 July 1964.
(3) In subsection (1), the reference to benefits in relation to a person’s service includes benefits relating to the person’s death in service.
91 Prohibition of new arrangements to pay voluntary contributions
(1) No arrangements are to be entered into after 31 March 2022 under which voluntary contributions are payable by a member of a relevant scheme to the scheme.
(2) In subsection (1) “relevant scheme” means—
(a) a Chapter 1 legacy scheme (within the meaning of Chapter 1),
(b) a judicial legacy salaried scheme (within the meaning of Chapter 2),
(c) a local government legacy scheme (within the meaning of Chapter 3),
(d) the Judicial Pensions Regulations 2015 (S.I. 2015/182),
(e) the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76), or
(f) the pension scheme established for certain employees of the Secret Intelligence Service which came into operation on 1 January 1946 and was amended on 1 September 1957 and 1 July 1964.
(3) Subsection (1)—
(a) does not affect the continued operation after 31 March 2022 of any arrangements entered into on or before that date;
(b) does not apply to arrangements entered into by virtue of section 25 or 60 (remedial arrangements to pay voluntary contributions).
(1) Section 12 of PSPA 2013 (employer cost cap) is amended in accordance with subsections (2) to (9).
(2) After subsection (1) insert—
(1A) Subsection (1) must be complied with before the end of the period of one year beginning with the day on which the scheme’s first valuation under section 11 is completed.
(3) For subsection (2) substitute—
(2) A reference in this section to “the employer cost cap” of a scheme under section 1 is a reference to the rate set by virtue of subsection (1) in relation to the scheme.
(4) In subsection (3)—
(a) after “cap” insert “of a scheme under section 1”;
(b) after “set” insert “, and the changes in the cost of such a scheme are to be measured,”.
(5) In subsection (4)—
(a) in paragraph (a), for “the cap” substitute “the employer cost cap of the scheme”;
(b) in paragraph (b)—
(i) for “subsequent valuations” insert “the second or any subsequent valuation”;
(ii) for “the cap” substitute “the employer cost cap of the scheme”;
(c) in paragraph (c)—
(i) for “the extent to which” substitute “whether and if so to what extent”;
(ii) for “of this section” substitute “mentioned in paragraph (b)”;
(d) after paragraph (c) insert—
(d) that the data, methodologies and assumptions that are to be used for the purposes mentioned in paragraph (b) are to relate, to any extent, to—
(i) the growth in the economy, or any sector of the economy, of the United Kingdom or any part of the United Kingdom,
(ii) the growth in earnings of any group of persons over any period, or
(iii) the rate of inflation (however measured) over any period.
(6) After subsection (4) insert—
(4A) The power to give directions by virtue of subsection (4)(d) is not affected by any statement made before 27 May 2021 by the Treasury, or any Minister of the Crown, relating to the data, methodologies and assumptions that are, or are not, to be used for the purposes mentioned in subsection (4)(b).
(7) In subsection (5)(a) for “(and any connected scheme)” substitute “(determined, if and so far as provided for by virtue of subsection (4)(c), taking into account the costs of any connected scheme)”.
(8) In subsection (6), in the opening words—
(a) for “the scheme” substitute “a scheme under section 1”;
(b) for “the margins” substitute “either of the margins specified under subsection (5)(a)”.
(9) After subsection (7) insert—
(7A) Treasury directions may specify the time at which any increase or decrease of members’ benefits or contributions that is provided for under subsection (6) is to take effect.
(7B) Treasury directions may require that provision contained in scheme regulations under subsection (6) permits steps to be—
(a) agreed by virtue of paragraph (a) of that subsection, or
(b) determined by virtue of paragraph (b) of that subsection,
only after the scheme actuary has certified that the steps would, if taken, achieve the target cost for the scheme.
(7C) Treasury directions under subsection (7B) may specify—
(a) the costs or changes in costs that are to be taken into account, or
(b) the data, methodologies and assumptions that are to be used,
for the purposes of determining whether any steps would, if taken, achieve the target cost for the scheme.
(7D) In subsection (7B) “the scheme actuary”, in relation to a scheme under section 1, means the actuary who carried out, or is for the time being exercising actuarial functions in relation to, the valuation under section 11 by reference to which it has been determined that the costs of the scheme have gone, or may go, beyond either of the margins specified under subsection (5)(a).
(10) Section 12 of PSPA(NI) 2014 (employer cost cap) is amended in accordance with subsections (11) to (19).
(11) After subsection (1) insert—
(1A) Subsection (1) must be complied with before the end of the period of one year beginning with the day on which the scheme’s first valuation under section 11 is completed.
(12) For subsection (2) substitute—
(2) A reference in this section to “the employer cost cap” of a scheme under section 1 is a reference to the rate set by virtue of subsection (1) in relation to the scheme.
(13) In subsection (3)—
(a) after “cap” insert “of a scheme under section 1”;
(b) after “set” insert “, and the changes in the cost of such a scheme are to be measured,”.
(14) In subsection (4)—
(a) in paragraph (a), for “the cap” substitute “the employer cost cap of the scheme ”;
(b) in paragraph (b)—
(i) for “subsequent valuations” insert “the second or any subsequent valuation”;
(ii) for “the cap” substitute “the employer cost cap of the scheme”;
(c) in paragraph (c)—
(i) for “the extent to which” substitute “whether and if so to what extent”;
(ii) for “of this section” substitute “mentioned in paragraph (b)”;
(d) after paragraph (c) insert—
(d) that the data, methodologies and assumptions that are to be used for the purposes mentioned in paragraph (b) are to relate, to any extent, to—
(i) the growth in the economy, or any sector of the economy, of the United Kingdom or any part of the United Kingdom,
(ii) the growth in earnings of any group of persons over any period, or
(iii) the rate of inflation (however measured) over any period.
(15) After subsection (4) insert—
(4A) The power to give directions by virtue of subsection (4)(d) is not affected by any statement made before 27 May 2021 by the Department of Finance, or any other department, relating to the data, methodologies and assumptions that are, or are not, to be used for the purposes mentioned in subsection (4)(b).
(16) In subsection (5)(a), for “(and any connected scheme)” substitute “(determined, if and so far as provided for by virtue of subsection (4)(c), taking into account the costs of any connected scheme)”.
(17) In subsection (6), in the opening words—
(a) for “the scheme” substitute “a scheme under section 1”;
(b) for “the margins” substitute “either of the margins specified under subsection (5)(a)”.
(18) After subsection (7) insert—
(7A) Directions given by the Department of Finance may specify the time at which any increase or decrease of members’ benefits or contributions that is provided for under subsection (6) is to take effect.
(7B) Directions given by the Department of Finance may require that provision contained in scheme regulations under subsection (6) permits steps to be—
(a) agreed by virtue of paragraph (a) of that subsection, or
(b) determined by virtue of paragraph (b) of that subsection,
only after the scheme actuary has certified that the steps would, if taken, achieve the target cost for the scheme.
(7C) Directions under subsection (7B) may specify—
(a) the costs or changes in costs that are to be taken into account, or
(b) the data, methodologies and assumptions that are to be used,
for the purposes of determining whether any steps would, if taken, achieve the target cost for the scheme.
(7D) In subsection (7B) “the scheme actuary”, in relation to a scheme under section 1, means the actuary who carried out, or is for the time being exercising actuarial functions in relation to, the valuation under section 11 by reference to which it has been determined that the costs of the scheme have gone, or may go, beyond either of the margins specified under subsection (5)(a).
(19) In subsections (3), (4), (5), (8), (9) and (10) omit “and Personnel”.
93 Operation of employer cost cap in relation to 2016/17 valuation
(1) The requirement in provision made under section 12(5)(a) of PSPA 2013 that the cost of a section 1 scheme must remain within a margin above the employer cost cap of the scheme does not apply, and is treated as never having applied, in relation to the cost of the scheme that is calculated by reference to the scheme’s 2016/17 valuation.
(2) Accordingly, provision made under section 12(6) of that Act does not apply, and is treated as never having applied, in relation to a case in which the cost of a section 1 scheme that is calculated by reference to the scheme’s 2016/17 valuation goes beyond a margin above the employer cost cap of the scheme.
(3) In subsections (1) and (2) and this subsection—
(a) “section 1 scheme” means a scheme under section 1 of PSPA 2013;
(b) “the employer cost cap”, in relation to a section 1 scheme, has the same meaning as in section 12 of PSPA 2013;
(c) a reference to a section 1 scheme’s “2016/17 valuation” is to the scheme’s valuation under section 11 of PSPA 2013 the effective date of which is a date in 2016 or 2017.
(4) The requirement in provision made under section 12(5)(a) of PSPA(NI) 2014 that the cost of a section 1 scheme must remain within a margin above the employer cost cap of the scheme does not apply, and is treated as never having applied, in relation to the cost of the scheme that is calculated by reference to the scheme’s 2016/17 valuation.
(5) Accordingly, provision made under section 12(6) of that Act does not apply, and is treated as never having applied, in relation to a case in which the cost of a section 1 scheme that is calculated by reference to the scheme’s 2016/17 valuation goes beyond a margin above the employer cost cap of the scheme.
(6) In subsections (4) and (5) and this subsection—
(a) “section 1 scheme” means a scheme under section 1 of PSPA(NI) 2014;
(b) “the employer cost cap”, in relation to a section 1 scheme, has the same meaning as in section 12 of PSPA(NI) 2014;
(c) a reference to a section 1 scheme’s “2016/17 valuation” is to the scheme’s valuation under section 11 of PSPA(NI) 2014 the effective date of which is a date in 2016 or 2017.
(7) The actuarial valuation with an effective date of 31 March 2016 that was signed on 18 December 2018 under regulation 123 of the Local Government Pension Scheme Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No. 188) is of no effect.
(1) Section 3 of PSPA 2013 (scheme regulations) is amended in accordance with subsections (2) to (6).
(2) In subsection (1) after “this Act” insert “and Part 1 of PSPJOA 2022”.
(3) In subsection (2), after paragraph (b) insert—
(c) consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.
(4) After subsection (4) insert—
(4A) In subsection (2)(c)—
(a) the reference to consequential provision includes consequential provision amending any primary legislation passed before or in the same session as PSPJOA 2022 (as well as consequential provision amending any secondary legislation);
(b) the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation).
(4B) See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.
(5) In subsection (6) omit paragraph (b).
(6) After subsection (6) insert—
(7) A Treasury order may amend this section so as to add, remove or vary exceptions to the requirement in subsection (5).
(8) A Treasury order under subsection (7) is subject to the negative procedure.
(7) In section 8 of PSPA 2013 (types of scheme), after subsection (4) insert—
(4A) The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).
(8) In section 21 of PSPA 2013 (consultation), after subsection (3) insert—
(4) Subsection (1) may, in relation to provision contained in scheme regulations—
(a) under any provision contained in Part 1 of PSPJOA 2022, or
(b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022),
be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).
(9) In section 23 of PSPA 2013 (procedure for retrospective provision), after subsection (5) insert—
(6) This section does not apply in relation to provision contained in scheme regulations that is made—
(a) under any provision contained in Part 1 of PSPJOA 2022, or
(b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).
(10) In section 37 of PSPA 2013 (general interpretation), at the appropriate place insert—
“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;
.
(11) Section 3 of PSPA(NI) 2014 (scheme regulations) is amended in accordance with subsections (12) to (14).
(12) In subsection (1), after “this Act” insert “and Part 1 of PSPJOA 2022”.
(13) In subsection (2), after paragraph (b) insert—
(c) consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.
(14) After subsection (4) insert—
(4A) In subsection (2)(c)—
(a) the reference to consequential provision includes consequential provision amending any primary legislation made or passed before or within the period of 12 months from the date on which PSPJOA 2022 receives Royal Assent (as well as consequential provision amending any secondary legislation);
(b) the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation).
(4B) See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.
(15) In section 8 of PSPA(NI) 2014 (types of scheme), after subsection (4) insert—
(4A) The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).
(16) In section 21 of PSPA(NI) 2014 (consultation), after subsection (3) insert—
(4) Subsection (1) may, in relation to provision contained in scheme regulations—
(a) under any provision contained in Part 1 of PSPJOA 2022, or
(b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022),
be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).
(17) In section 23 of PSPA(NI) 2014 (procedure for retrospective provision), after subsection (5) insert—
(6) This section does not apply in relation to provision contained in scheme regulations that is made—
(a) under any provision contained in Part 1 of PSPJOA 2022, or
(b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).
(18) In section 34 of PSPA(NI) 2014 (general interpretation), at the appropriate place insert—
“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;
.
95 Amendments relating to the establishment or restriction of schemes
(1) PSPA 2013 is amended in accordance with subsections (2) to (7).
(2) In section 4 (scheme manager)—
(a) after subsection (3) insert—
(3A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1, and
(b) a scheme manager is provided for under subsection (1) in scheme regulations for that other scheme.
;
(b) after subsection (6) insert—
(6A) The reference in subsection (6) to a statutory pension scheme includes a statutory pension scheme established (under section 1 or otherwise) after the establishment of the scheme under section 1 mentioned in that subsection.
(3) In section 5 (pension board), after subsection (2) insert—
(2A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1, and
(b) a pension board is provided for under subsection (1) in scheme regulations for that other scheme.
(4) In section 7 (scheme advisory board)—
(a) in subsection (1), for “on the desirability of changes to the scheme” substitute
on—
(a) the desirability of changes to the scheme, or
(b) the desirability of changes to any other scheme under section 1 which—
(i) is connected with it, and
(ii) is not an injury or compensation scheme.
;
(b) after subsection (1) insert—
(1A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1 which is not an injury or compensation scheme, and
(b) a scheme advisory board is provided for under subsection (1) in scheme regulations for that other scheme.
(5) In section 11 (valuations), after subsection (1) insert—
(1A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1, and
(b) actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.
(6) After section 12 insert—
Sections 11 and 12: restricted schemes
12A (1) Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies.
(2) Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies.
(3) This section applies to a scheme under section 1 which—
(a) is a restricted scheme, and
(b) is specified for the purposes of this section in Treasury regulations.
(4) For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any enactment restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time.
(5) Treasury regulations under this section may include consequential or supplementary provision.
(6) Treasury regulations under this section are subject to the negative Commons procedure.
(7) In section 30 (new public body pension schemes), in subsection (1)(e), for “and 12” substitute “to 12A”.
(8) PSPA(NI) 2014 is amended in accordance with subsections (9) to (15).
(9) In section 4 (scheme manager)—
(a) after subsection (3) insert—
(3A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1, and
(b) a scheme manager is provided for under subsection (1) in scheme regulations for that other scheme.
;
(b) after subsection (6) insert—
(6A) The reference in subsection (6) to a statutory pension scheme includes a statutory pension scheme established (under section 1 or otherwise) after the establishment of the scheme under section 1 mentioned in that subsection.
(10) In section 5 (pension board)—
(a) in subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”;
(b) after subsection (2) insert—
(2A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1, and
(b) a pension board is provided for under subsection (1) in scheme regulations for that other scheme.
(11) In section 7 (scheme advisory board)—
(a) in subsection (1), for “on the desirability of changes to the scheme” substitute
on—
(a) the desirability of changes to the scheme, or
(b) the desirability of changes to any other scheme under section 1 which—
(i) is connected with it, and
(ii) is not an injury or compensation scheme.
;
(b) after subsection (1) insert—
(1A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1 which is not an injury or compensation scheme, and
(b) a scheme advisory board is provided for under subsection (1) in scheme regulations for that other scheme.
(12) In section 11 (valuations), after subsection (1) insert—
(1A) Subsection (1) does not apply to a scheme under section 1 if—
(a) the scheme is connected with another scheme under section 1, and
(b) actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.
(13) After section 12 insert—
Sections 11 and 12: restricted schemes
12A (1) Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies.
(2) Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies.
(3) This section applies to a scheme under section 1 which—
(a) is a restricted scheme, and
(b) is specified for the purposes of this section in regulations made by the Department of Finance.
(4) For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any statutory provision restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time.
(5) Regulations made by the Department of Finance under this section may include consequential or supplementary provision.
(6) Regulations made by the Department of Finance under this section are subject to negative resolution.
(14) In section 31 (new public body pension schemes), in subsection (1)(e), for “and 12” substitute “to 12A”.
(15) In section 34 (general interpretation), at the appropriate place insert—
“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;
.
96 Amendments relating to the Secret Intelligence Service etc
(1) PSPA 2013 is amended in accordance with subsections (2) to (4).
(2) In section 18 (restriction of existing pension schemes)—
(a) in subsection (4), after paragraph (a) insert—
(aa) 31 March 2016 for an existing scheme which is a relevant Agency scheme, and
;
(b) in subsection (10) after “subsection (4)” insert
—
“relevant Agency scheme” means regulations under section 1 of the Superannuation Act 1972 which relate to staff of the Secret Intelligence Service or Security Service;
.
(3) In Schedule 5 (existing schemes), in paragraph 1 omit “other than a scheme which relates to staff of the Secret Intelligence Service or Security Service”.
(4) In Schedule 10 (public bodies whose pension schemes must be restricted) omit paragraphs 10 and 11.
(5) In consequence of the amendment made by subsection (3), in PSA 2015 omit section 80 (public service pension schemes).
(6) Any provision of subordinate legislation that—
(a) was, at any time before the coming into force of this section, made (or purportedly made) in relation to a relevant Agency scheme under—
(i) section 18 of PSPA 2013 (restriction of existing pension schemes), or
(ii) section 31 of that Act (restriction of certain existing public body pension schemes), and
(b) could have been made under section 18 of that Act if the amendments made by subsections (1) to (4) had been in force at that time,
is treated as having been made under section 18 of that Act.
(7) In subsection (6) “relevant Agency scheme” means regulations under section 1 of SA 1972 which relate to staff of the Secret Intelligence Service or Security Service.
(1) PSPA 2013 is amended in accordance with subsections (2) and (3).
(2) After section 25 (extension of schemes) insert—
Extension of schemes where definition of “the judiciary” expanded
25A (1) Subsection (2) applies where—
(a) scheme regulations come into force establishing a scheme under section 1 for the judiciary, and
(b) subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “the judiciary”).
(2) Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force.
(3) This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).
(3) In Schedule 1 (persons in public service: definitions), in paragraph 2 (judiciary), for sub-paragraphs (2) and (3) substitute—
(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.
(4) PSPA(NI) 2014 is amended in accordance with subsection (5).
(5) After section 25 (extension of schemes) insert—
Extension of schemes where definition of “the judiciary” expanded
25A (1) Subsection (2) applies where—
(a) scheme regulations come into force establishing a scheme under section 1 for holders of judicial office, and
(b) subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “holders of judicial office”).
(2) Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force.
(3) This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).
(1) Section 26 of PSPA 2013 (non-scheme benefits) is amended in accordance with subsections (2) and (3).
(2) In subsection (1), for paragraphs (a) and (b) substitute—
(a) persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and
(b) persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).
(3) After subsection (2) insert—
(3) For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account.
(4) In this section—
“occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act 2015) that is an occupational pension scheme within the meaning of the Pension Schemes Act 1993 (see section 1 of that Act);
“partnership pension account”, in relation to a person in service in an employment or office, means—
a stakeholder pension scheme,
a personal pension scheme, or
an occupational defined contributions scheme,
to which the person’s employer is paying contributions;
“personal pension scheme” has the same meaning as in the Pension Schemes Act 1993 (see section 1 of that Act);
“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 of the Welfare Reform and Pensions Act 1999 (see section 1 of that Act).
(4) Section 26 of PSPA(NI) 2014 (non-scheme benefits) is amended in accordance with subsections (5) and (6).
(5) In subsection (1), for paragraphs (a) and (b) substitute—
(a) persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and
(b) persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).
(6) After subsection (2) insert—
(3) For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account.
(4) In this section—
“occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act (Northern Ireland) 2016) that is an occupational pension scheme within the meaning of Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act);
“partnership pension account”, in relation to a person in service in an employment or office, means—
a stakeholder pension scheme,
a personal pension scheme, or
an occupational defined contributions scheme,
to which the person’s employer is paying contributions;
“personal pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act);
“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 2 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (see Article 3 of that Order).
99 Amendments relating to pension schemes for members of the Senedd
In section 30 of PSPA 2013 (new public body pension schemes), after subsection (4) insert—
(4A) The following provisions of this section do not apply to a new public body pension scheme which is made under section 20(3) of the Government of Wales Act 2006 (remuneration of members of the Senedd: pensions)—
(a) subsection (1)(e) (cost control);
(b) subsection (3) (Treasury consent).
100 Guidance to public service pension scheme managers on investment decisions
(1) The Public Service Pensions Act 2013 is amended in accordance with subsection (2).
(2) In Schedule 3, in paragraph 12(a), at end insert “including guidance or directions on investment decisions which it is not proper for the scheme manager to make in light of UK foreign and defence policy”.
101 Power of Treasury to make scheme for compensation
(1) The Treasury may by regulations make provision for a compensation scheme under which amounts are paid by way of compensation in respect of compensatable losses incurred by relevant members.
(2) The provision that may be made under subsection (1) includes—
(a) provision appointing a body to administer the scheme;
(b) provision establishing a body for that purpose and making such provision in relation to the appointment of members, staffing, expenditure, procedure and otherwise as the Treasury consider appropriate;
(c) provision allowing the body administering the scheme to exercise a discretion;
(d) provision conferring power on the Treasury to give guidance or directions to the body administering the scheme;
(e) any provision that could be included in—
(i) regulations made by virtue of section 26 (interest and process) in relation to amounts payable under section 23 (power to pay compensation), or
(ii) regulations made by virtue of section 61 (interest and process) in relation to amounts payable under section 59 (power to pay compensation).
(3) In this section “compensatable loss” means—
(a) a compensatable loss for the purposes of section 23 (power to pay compensation under Chapter 1),
(b) a compensatable loss for the purposes of section 59 (power to pay compensation under Chapter 2), or
(c) a compensatable loss for the purposes of section 82 (power to pay compensation under Chapter 3).
(4) In this section “relevant member” means—
(a) a member of a Chapter 1 legacy scheme within section 33(2)(a) or (3)(a) who has remediable service that is pensionable service under the scheme,
(b) a member of a judicial scheme within section 70(2)(a), (4)(a) or (5) who has remediable service that is pensionable service under the scheme, or
(c) a member of a local government new scheme within section 86(2)(a) who has remediable service that is pensionable service under the scheme.
(5) In subsection (4)—
(a) in paragraph (a), “Chapter 1 legacy scheme” and “remediable service” have the same meaning as in Chapter 1;
(b) in paragraph (b), “judicial scheme” and “remediable service” have the same meaning as in Chapter 2;
(c) in paragraph (c), “local government new scheme” and “remediable service” have the same meaning as in Chapter 3.
(6) Regulations under this section are subject to the negative procedure.
102 Power of Department of Finance to make scheme for compensation
(1) The Department of Finance in Northern Ireland may by regulations make provision for a compensation scheme under which amounts are paid by way of compensation in respect of compensatable losses incurred by relevant members.
(2) The provision that may be made under subsection (1) includes—
(a) provision appointing a body to administer the scheme;
(b) provision establishing a body for that purpose and making such provision in relation to the appointment of members, staffing, expenditure, procedure and otherwise as the Department of Finance in Northern Ireland considers appropriate;
(c) provision allowing the body administering the scheme to exercise a discretion;
(d) provision conferring power on the Department of Finance in Northern Ireland to give guidance or directions to the body administering the scheme;
(e) any provision that could be included in—
(i) regulations made by virtue of section 26 (interest and process) in relation to amounts payable under section 23 (power to pay compensation), or
(ii) regulations made by virtue of section 61 (interest and process) in relation to amounts payable under section 59 (power to pay compensation).
(3) In this section “compensatable loss” means—
(a) a compensatable loss for the purposes of section 23 (power to pay compensation under Chapter 1),
(b) a compensatable loss for the purposes of section 59 (power to pay compensation under Chapter 2), or
(c) a compensatable loss for the purposes of section 82 (power to pay compensation under Chapter 3).
(4) In this section “relevant member” means—
(a) a member of a Chapter 1 legacy scheme within section 33(2)(b) or (3)(b) who has remediable service that is pensionable service under the scheme,
(b) a member of a judicial scheme within section 70(2)(b) or (4)(b) who has remediable service that is pensionable service under the scheme, or
(c) a member of a local government new scheme within section 86(2)(b) who has remediable service that is pensionable service under the scheme.
(5) In subsection (4)—
(a) in paragraph (a), “Chapter 1 legacy scheme” and “remediable service” have the same meaning as in Chapter 1;
(b) in paragraph (b), “judicial scheme” and “remediable service” have the same meaning as in Chapter 2;
(c) in paragraph (c), “local government new scheme” and “remediable service” have the same meaning as in Chapter 3.
(6) Regulations under this section are subject to the negative procedure.
103 Power to make provision in relation to certain fee-paid judges
(1) Scheme regulations for a judicial scheme may make provision for the purpose of putting relevant fee-paid judges, so far as possible, in the position they would have been in if they had always been recognised as being full protection members of a judicial legacy scheme.
(2) The provision that may be made under subsection (1) includes in particular—
(a) provision about the amount of benefits to which a person is or was entitled in respect of pensionable service;
(b) provision about pension contributions a person is or was required to pay to the scheme in respect of pensionable service;
(c) provision about cases in which voluntary contributions have been paid to a judicial 2015 scheme (including provision under which rights to benefits referable to the contributions are retained in the judicial 2015 scheme);
(d) provision about cases in which a person has transferred rights into a judicial 2015 scheme (including provision under which the rights are retained in the judicial 2015 scheme);
(e) provision about cases in which a person has a partnership pension account;
(f) provision about cases in which a person has partially retired;
(g) provision enabling a scheme manager to pay amounts by way of compensation, including provision requiring an employer in relation to the scheme to reimburse the scheme manager for such amounts;
(h) provision corresponding or similar to any provision of or made under—
(i) section 53 (effective pension age payments);
(ii) section 54 (transitional protection allowance);
(iii) section 55 (power to reduce benefits in lieu of paying liabilities owed to the scheme);
(iv) section 56 (powers to reduce or waive liabilities);
(v) section 57 (pension credit members);
(vi) section 61 (interest and process).
(3) For the purposes of this section a person (“P”) is a “relevant fee-paid judge” if—
(a) on 31 March 2012—
(i) P held a fee-paid judicial office, and
(ii) did not hold a salaried judicial office,
(b) on 1 April 2012, P was aged 55 or over,
(c) at any time in the period beginning with 1 April 2012 and ending with the day before the relevant date, P held a salaried judicial office, and
(d) either—
(i) on the relevant date, P did not hold a fee-paid judicial office, or
(ii) the condition in regulation 8(2)(a) of the judicial legacy fee-paid scheme (members) is not met in relation to P and the fee-paid judicial office mentioned in paragraph (a)(i).
(4) In this section “full protection member”—
(a) in relation to a judicial office within section 71(1)(a) or (b), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations 2015 (S.I. 2015/182) (see paragraph 1 of that Schedule), or
(b) in relation to a judicial office within section 71(1)(c), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76) (see paragraph 1 of that Schedule).
(5) In this section “the relevant date”—
(a) in relation to a judicial office within section 71(1)(a) or (b), means 2 December 2012;
(b) in relation to a judicial office within section 71(1)(c), means 1 February 2013.
(6) Expressions used in this section have the same meaning as in Chapter 2.
104 HMRC information-sharing and other functions relating to compensation etc
(1) HMRC (or anyone acting on their behalf) may—
(a) exchange information with a relevant person for the purpose of facilitating the exercise of any compensation function, or
(b) do anything else which they think necessary or expedient for that purpose.
(2) A person to whom HMRC discloses information under this section—
(a) may use it only for the purpose for which it was disclosed, and
(b) may not further disclose it without the consent of HMRC (which may be general or specific).
(3) Where a person contravenes subsection (2)(b) by disclosing information relating to a person whose identity—
(a) is specified in the disclosure, or
(b) can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.
(4) Nothing in this section authorises a disclosure of information if the disclosure would contravene the data protection legislation or would be prohibited by the investigatory powers legislation (but in determining whether a disclosure would do either of those things, the power conferred by this section is to be taken into account).
(5) Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of the Commissioners for Revenue and Customs Act 2005 or under any other enactment or rule of law.
(6) In this section—
“compensation function” means a function that relates to—
the payment of compensation, contributions, benefits or other amounts to or in respect of a person by virtue of a provision made by or under this Part, or
the reduction or waiving of a person’s liability to pay an amount by virtue of such a provision;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“the investigatory powers legislation” means Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016;
“relevant person” means a person—
who exercises a compensation function,
to or in respect of whom compensation, contributions, benefits or other amounts is or are payable by virtue of a provision made by or under this Part, or
whose liability to pay an amount may be reduced or waived by virtue of such a provision.
105 Section 91 of Pensions Act 1995 and section 356 of Armed Forces Act 2006
(1) Subsection (2) applies in relation to any reference in section 91 of PA 1995 or Article 89 of P(NI)O 1995 (inalienability of occupational pension) to—
(a) assigning, commuting or surrendering an entitlement to a pension or a right to a future pension, or
(b) the exercise of a set-off in respect of such an entitlement or right.
(2) The reference does not include—
(a) anything done under or by virtue of this Part of this Act, or
(b) the surrender of an entitlement or right under a pension scheme—
(i) for the purpose of meeting a condition by virtue of section 5(5)(b) (Chapter 1: surrender of rights required as condition for inclusion of opted-out service in remedy), or
(ii) in the course of taking the steps mentioned in section 41(3) or (6) (Chapter 2: partnership pension account: requirement to transfer assets and surrender rights).
(3) Subsection (4) applies in relation to any reference in section 356 of the Armed Forces Act 2006 (avoidance of assignment of, or charge on, pay and pensions etc) to an assignment (or, in Scotland, assignation) of, or an agreement to assign, any relevant pay or pension (within the meaning of that section).
(4) The reference does not include anything done under or by virtue of this Part of this Act.
107 Parliamentary procedure for judicial schemes: transitory provision
(1) This section applies to scheme regulations for a scheme relating to the judiciary that are made at any time within the period of one month beginning with the day on which this Act is passed.
(2) A statutory instrument containing scheme regulations to which this section applies must be laid before Parliament after being made.
(3) Regulations contained in a statutory instrument laid before Parliament under subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(4) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(5) If regulations cease to have effect as a result of subsection (3), that does not—
(a) affect the validity of anything previously done under the regulations, or
(b) prevent the making of new regulations.
(6) If regulations otherwise subject to the negative procedure are combined with scheme regulations to which this section applies, the combined regulations are subject to the procedure set out in this section.
(7) Section 24 of PSPA 2013 (other procedure) does not apply to scheme regulations to which this section applies.
(8) In this section, the following expressions have the same meaning as in PSPA 2013—
“the judiciary” (see paragraph 2 of Schedule 1 to that Act);
“negative procedure” (see section 38(3) of that Act);
“scheme” (see section 37 of that Act);
“scheme regulations” (see section 1(4) of that Act).
(1) The Treasury may by regulations make provision that is consequential on this Part.
(2) Regulations under this section may make retrospective provision.
(3) Regulations under this section may amend, repeal, revoke or otherwise modify provision made by an enactment.
(4) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative procedure.
(5) Any other regulations under this section are subject to the negative procedure.
(6) In this section “primary legislation” means—
(a) an Act;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) an Act of the Scottish Parliament;
(d) a Measure or Act of Senedd Cymru;
(e) Northern Ireland legislation.
(1) In this Part “member”, in relation to a pension scheme, means a member of the scheme of any description (whether or not in pensionable service or in receipt of a pension) and includes a deceased member.
(2) For the purposes of this Part a person is an “active member” of a pension scheme in relation to their service in an employment or office if—
(a) there are presently arrangements made under the pension scheme for the accrual of benefits to or in respect of the person that are calculated by reference to the person’s service in that employment or office, and
(b) the person is not a pensioner member of the scheme in relation to that employment or office.
(3) For the purposes of this Part a person is a “pensioner member” of a pension scheme in relation to their service in an employment or office if the person is entitled to the present payment of benefits under the scheme that are calculated by reference to the person’s service in that employment or office.
(4) For the purposes of this Part a person is a “deferred member” of a pension scheme in relation to their service in an employment or office if—
(a) the person has accrued rights under the pension scheme, and
(b) the person is neither an active member of the scheme, nor a pensioner member of the scheme, in relation to that employment or office.
(1) In this Part—
“accrual rate”, in relation to a pension scheme, means the rate at which rights to benefits accrue over time by reference to periods of pensionable service;
“active member” has the meaning given by section 109;
“connected” means—
connected within the meaning of PSPA 2013 (see section 4(6) and (7) of that Act), or
connected within the meaning of PSPA(NI) 2014 (see section 4(6) and (7) of that Act);
“continuous period of service”, in relation to an employment or office, means a period of service in that employment or office that does not include a gap in service;
“deferred member” has the meaning given by section 109;
“EA 2010” means the Equality Act 2010;
“EEAR(NI) 2006” means the Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. (N.I.) 2006 No. 261);
“employer”, in relation to a pension scheme, means—
any employer of persons to whom the scheme relates,
the person responsible for the remuneration of an office-holder to whom the scheme relates, or
such other persons (in addition to, or instead of, any person falling within paragraph (a) or (b)) as scheme regulations or (in the case of a public body pension scheme) the rules of the scheme may provide;
“employment”: references to a person’s service in an employment include, in relation to a health service worker, any service of the person that, if the person were in pensionable service under a scheme under section 1 of PSPA 2013, or section 1 of PSPA(NI) 2014, for health service workers, would be pensionable service under the scheme;
“enactment” includes—
an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),
an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and
an enactment comprised in, or in an instrument made under, Northern Ireland legislation;
“entitled”: section 165(3)(b) of FA 2004 (time when person becomes “entitled” to pension) applies for the purposes of this Part as it applies for the purposes of Part 4 of that Act (reading the reference to a registered pension scheme as a reference to any pension scheme);
“excess teacher service” has the meaning given by subsection (2);
“FA 2004” means the Finance Act 2004;
“Fair Deal scheme” means—
a pension scheme that, in accordance with the Fair Deal Statement of Practice, has been certified by the Government Actuary’s Department as offering, to persons who have been subject to a Fair Deal transfer, pension arrangements that are broadly comparable with those offered to them before the transfer, or
a pension scheme in relation to which the obligation to give such a certificate has been waived in accordance with that statement of practice;
“Fair Deal Statement of Practice” means the statement of practice entitled “Staff Transfers in the Public Sector” issued by the Cabinet Office in January 2000, as supplemented and modified from time to time;
“Fair Deal transfer” means a transfer of a person’s employment from a public sector employer to a private sector employer in accordance with the Fair Deal Statement of Practice;
“health service workers” means—
health service workers within the meaning of PSPA 2013 (see paragraph 5 of Schedule 1 to that Act), or
health service workers within the meaning of PSPA(NI) 2014 (see paragraph 5 of Schedule 1 to that Act);
“HMRC” means Her Majesty’s Revenue and Customs;
“JUPRA 1993” means the Judicial Pensions and Retirement Act 1993;
“local government contracting-out transfer” means a transfer of a person’s employment that was required to be conducted—
in accordance with directions given, and having regard to guidance issued, for the purposes of section 101(1) of the Local Government Act 2003 (contracting out: staff transfer matters), or
having regard to guidance issued for the purposes of section 52 of the Local Government in Scotland Act 2003 (asp 1) (guidance on contractual matters);
“member” has the meaning given by section 109;
“normal pension age” means normal pension age within the meaning of PSPA 2013 (see section 10(5) of that Act) or PSPA(NI) 2014 (see section 10(10) of that Act);
“occupational defined contributions scheme” means—
a defined contributions scheme (within the meaning given by section 4 of PSA 2015) that is an occupational pension scheme within the meaning of PSA 1993 (see section 1 of that Act), or
a defined contributions scheme (within the meaning given by section 4 of PSA(NI) 2016) that is an occupational pension scheme within the meaning of PS(NI)A 1993 (see section 1 of that Act);
“PA 1995” means the Pensions Act 1995;
“P(NI)O 1995” means the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22));
“partnership pension account”, in relation to a person in service in an employment or office, means—
a stakeholder pension scheme,
a personal pension scheme, or
an occupational defined contributions scheme,
to which the person‘s employer is paying contributions;
“pension contributions”, in relation to a pension scheme, means—
contributions that a member of the scheme or the employer is required under the scheme to pay to the scheme, or
amounts that a person is required under or by virtue of this Part to pay to the scheme by way of pension contributions;
“pension scheme” means a scheme for the payment of pensions or other benefits to or in respect of persons with service of a particular description;
“pensionable earnings”, in relation to a pension scheme and a member of it, means earnings by reference to which a pension or other benefits under the scheme are calculated;
“pensionable service”, in relation to a pension scheme, means service which qualifies a person to a pension or other benefits under that scheme;
“pensioner member” has the meaning given by section 109;
“personal pension scheme” means a personal pension scheme within the meaning of PSA 1993 (see section 1 of that Act) or PS(NI)A 1993 (see section 1 of that Act);
“PSA 1993” means the Pension Schemes Act 1993;
“PS(NI)A 1993” means the Pension Schemes (Northern Ireland) Act 1993;
“PSA 2015” means the Pension Schemes Act 2015;
“PSA(NI) 2016” means the Pension Schemes Act (Northern Ireland) 2016 (c.1 (N.I.));
“PSPA 2013” means the Public Service Pensions Act 2013;
“PSPA(NI) 2014” means the Public Service Pensions Act (Northern Ireland) 2014 (c. 2 (N.I.));
“public body pension scheme” means a scheme which is a public body pension scheme for the purposes of PSPA 2013 (see section 30(5) of that Act) or PSPA(NI) 2014 (see section 31(4) of that Act);
“SA 1972” means the Superannuation Act 1972;
“scheme manager” has the meaning given by section 4 of PSPA 2013 or section 4 of PSPA(NI) 2014;
“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 of WRPA 1999 (see section 1 of that Act) or Part 2 of WRP(NI)O 1999 (see Article 3 of that Order);
“teacher” means teacher within the meaning of PSPA 2013 (see paragraph 4 of Schedule 1 to that Act) or PSPA(NI) 2014 (see paragraph 4 of Schedule 1 to that Act);
“voluntary contributions” means amounts that are paid to a pension scheme by a member of the scheme on a voluntary basis, in accordance with the scheme, for the purpose of securing additional benefits, or securing the earlier payment of benefits, under the scheme;
“WRPA 1999” means the Welfare Reform and Pensions Act 1999;
“WRP(NI)O 1999” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)).
(2) In this Part “excess teacher service” means a person’s service in an employment or office as a teacher where (disregarding section 2(1))—
(a) the service is pensionable service under a local government new scheme, or
(b) the service—
(i) is pensionable service under a Chapter 1 new scheme for teachers, and
(ii) would have been pensionable service under a local government new scheme but for the person’s failure to meet a condition relating to the person’s attainment of normal pension age, or another specified age, by a specified date.
Service in an employment or office is “excess teacher service” if all of the service falls within paragraphs (a) and (b) (even if it does not all fall within only one of those paragraphs).
(3) In subsection (2)—
“Chapter 1 new scheme” has the same meaning as in Chapter 1;
“local government new scheme” has the same meaning as in Chapter 3.
111 Establishment of new public schemes and transfer of rights
(1) The Treasury may by regulations establish one or more schemes (“new public schemes”) which provide for pensions or other benefits to be payable to or in respect of persons who are or have been members of the BBS Pension Scheme or the NRAM Pension Scheme.
(2) The Treasury may by regulations make provision for the transfer of qualifying accrued rights to a new public scheme (without the need for any approval or consent to the transfer).
(3) Regulations under subsection (2) may include provision for the discharge of liabilities in respect of qualifying accrued rights that are transferred.
(4) In this Part—
“qualifying accrued rights” means—
any right to future benefits under the BBS Pension Scheme or the NRAM Pension Scheme which, at the qualifying time, has accrued to or in respect of a member of that scheme,
any entitlement under the BBS Pension Scheme or the NRAM Pension Scheme to the present payment of a pension or other benefit which a member of the BBS Pension Scheme or the NRAM Pension Scheme has at the qualifying time, or
any entitlement to benefits, or right to future benefits, under the BBS Pension Scheme or the NRAM Pension Scheme which a survivor of a member of the BBS Pension Scheme or the NRAM Pension Scheme has at the qualifying time in respect of the member;
“the qualifying time” means the time immediately before the date specified or described in regulations made by the Treasury.
(5) For the purposes of the definition of “qualifying accrued rights”—
(a) references to pensions or other benefits (including future benefits) includes money purchase benefits, and
(b) references to a right include a pension credit right.
(6) Regulations under subsection (4) specifying or describing a date for the purposes of the definition of “the qualifying time” may make provision for the purposes of transfers of qualifying accrued rights generally, transfers of a particular description or a particular transfer.
(1) A new public scheme may include provision—
(a) for pensions or other benefits to be payable to or in respect of some or all persons described in section 111(1);
(b) for the provision of money purchase benefits or benefits that are not money purchase benefits (or both);
(c) for increasing in particular circumstances the amounts payable in respect of qualifying accrued rights;
(d) for the payment or receipt of transfer values or other lump sum payments for the purpose of creating rights to benefits under a new public scheme or otherwise.
(2) Regulations under section 111(1) may—
(a) provide for a new public scheme to be treated as an occupational pension scheme, a previously contracted-out scheme or another type of occupational pension scheme for the purposes of an enactment specified or described in the regulations;
(b) provide for the enactment to apply in relation to a new public scheme subject to modifications specified in the regulations.
(3) Regulations under section 111(1) amending a new public scheme may make retrospective provision.
(4) Regulations under section 111(1) may—
(a) confer functions on the Treasury or another person;
(b) provide for a person to exercise a discretion in dealing with a matter.
(5) The Treasury may—
(a) make arrangements for a new public scheme to be administered by any person;
(b) delegate to any person a function exercisable by the Treasury under a new public scheme.
(6) In this section, a “previously contracted-out scheme” means a scheme that before 6 April 2016 was a salary related contracted-out scheme within the meaning of Part 3 of the Pension Schemes Act 1993.
113 Protection against adverse treatment: transfer of rights
(1) When making regulations under section 111 which transfer qualifying accrued rights to a new public scheme, the Treasury must ensure that the following requirements are met in respect of each person whose qualifying accrued rights are transferred—
(a) the general scheme requirement (see subsection (2)), and
(b) where the qualifying accrued rights transferred are a person’s rights or entitlements to money purchase benefits other than pensions in payment, the money purchase requirement (see subsection (3)).
(2) The general scheme requirement is that, so far as relevant to the qualifying accrued rights transferred by the regulations, the provision in the new public scheme immediately after the regulations are made is in all material respects at least as good as the provision in the BBS Pension Scheme or the NRAM Pension Scheme (as appropriate) immediately before that time.
(3) The money purchase requirement is that the value of the rights or entitlements to money purchase benefits, other than pensions in payment, that a person has under the new public scheme immediately after, and as a result of, the transfer is at least equivalent to the value of the qualifying accrued rights of the person that are transferred.
(4) The Treasury may by regulations make provision about the determination of the value of rights or entitlements for the purposes of subsection (3).
(5) Regulations under subsection (4) may, among other things—
(a) make provision about the person by whom, and the manner in which, the value of rights or entitlements is to be determined,
(b) make provision about the date or period by reference to which the value of the qualifying accrued rights transferred is to be determined (subject to subsection (6)), and
(c) make provision that applies generally or only for a specific purpose (for example, in relation to a particular transfer).
(6) Regulations under subsection (4) may not make provision for the value of the qualifying accrued rights transferred to be determined by reference to a date which falls, or a period which ends, more than three months before the transfer.
(7) Subsection (1) does not require provision to be included in a new public scheme if the Treasury is of the opinion that the provision would be incompatible with an enactment (including an enactment applying as a result of any provision made by or under this Part).
(8) Nothing in subsections (1) to (3) is to be read as—
(a) requiring particular provisions of a new public scheme to take a particular form,
(b) requiring a new public scheme to be established in a particular way,
(c) requiring any power or duty conferred or imposed by a new public scheme to be exercised or performed in a particular way, or
(d) affecting any power of any person to amend a new public scheme.
114 Protection against adverse treatment: amendment of new public schemes
(1) The Treasury may not make regulations under section 111 amending a new public scheme unless—
(a) in a case where the amendment, on coming into force, would or might adversely affect subsisting rights at that time, the consent requirements or the procedure requirements are satisfied in relation to the amendment, or
(b) in any other case, the consultation requirements are satisfied in relation to the amendment.
(2) The consent requirements are requirements specified or described in regulations made by the Treasury for the purpose of obtaining the consent of interested persons, or their representatives, to amendment of a new public scheme.
(3) The consultation requirements are requirements specified or described in regulations made by the Treasury for the purpose of consulting interested persons, or their representatives, about amendment of a new public scheme.
(4) The procedure requirements are requirements which—
(a) are specified or described in regulations made by the Treasury for steps to be taken before amending a new public scheme, and
(b) are not requirements for the purpose of obtaining the consent of, or consulting, interested persons or their representatives.
(5) In this section, “subsisting rights”, in relation to any time, means—
(a) any right to future benefits under a new public scheme which, at that time, has accrued to or in respect of a member of the scheme,
(b) any entitlement under a new public scheme to the present payment of a pension or other benefit which a member of the scheme has at that time, or
(c) any entitlement to benefits, or rights to future benefits, under a new public scheme which a survivor of a member of the scheme has at that time in respect of the member.
(6) For the purposes of the definition of “subsisting rights”—
(a) references to pensions or other benefits (including future benefits) include money purchase benefits, and
(b) references to a right include a pension credit right.
(7) In this section, “interested persons”, in relation to an amendment of a scheme, means persons who appear to the Treasury to be likely to be affected by the amendment.
(1) The Treasury may by regulations provide for the transfer of assets or liabilities of the BBS Pension Scheme or the NRAM Pension Scheme to—
(a) a nominee of the Treasury, or
(b) a company established by the Treasury for the purpose of holding the assets or the liabilities pending their disposal or discharge.
(2) Regulations may be made under this section only if regulations under section 111 have been made.
(3) Regulations under this section may include provision for the making of payments into the Consolidated Fund.
(1) The Treasury may by regulations make provision for the transfer to the Treasury of any of the following—
(a) qualifying liabilities of Bradford & Bingley Limited or NRAM Limited;
(b) qualifying liabilities of UK Asset Resolution Limited.
(2) In this Part, “qualifying liability” means a liability to pay a pension or other benefit to or in respect of a person in connection with the person’s past service as an employee or office-holder of Bradford & Bingley Limited, Northern Rock Plc or another entity, other than a liability arising under the BBS Pension Scheme or the NRAM Pension Scheme.
(3) The Treasury may by regulations provide for a relevant enactment to apply with modifications, or not to apply, to an arrangement under which a qualifying liability arises that is an occupational pension scheme.
(4) In subsection (3), “relevant enactment” means an enactment that—
(a) relates or refers to occupational pension schemes, and
(b) is specified or described in regulations under subsection (3).
(5) The Treasury may by regulations—
(a) provide for an arrangement under which a qualifying liability arises to be treated as a particular type of occupational pension scheme for the purposes of an enactment specified or described in the regulations;
(b) provide for the enactment to apply in relation to the arrangement subject to modifications specified in the regulations.
(1) The Treasury may by regulations make provision for varying the way in which any relevant tax would, apart from the regulations, have effect in relation to—
(a) a new public scheme;
(b) members of a new public scheme;
(c) persons who have survived a member of a new public scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;
(d) a company within section 115(1)(b).
(2) Regulations under subsection (1) may include provision for treating a new public scheme as a registered pension scheme.
(3) The Treasury may by regulations make provision for varying the way in which any relevant tax would, apart from the regulations, have effect in relation to, or in connection with, anything done by or under, or in consequence of, regulations made under this Part in relation to—
(a) the BBS Pension Scheme;
(b) the NRAM Pension Scheme;
(c) members of the BBS Pension Scheme or the NRAM Pension Scheme;
(d) persons who have survived a member of one of those schemes and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;
(e) UK Asset Resolution Limited;
(f) persons in respect of whom there is a qualifying liability.
(4) Regulations under subsection (1) or (3) may include provision for any of the following—
(a) a tax provision not to apply or to apply with modifications;
(b) anything done to have or not to have a specified consequence for the purposes of a tax provision;
(c) the withdrawal of relief and the charging of a relevant tax.
(5) Provision made by regulations under subsection (1) or (3), other than provision withdrawing a relief or charging a relevant tax, may make retrospective provision.
(6) In this section—
“relevant tax” means—
income tax;
capital gains tax;
corporation tax;
inheritance tax;
stamp duty and stamp duty reserve tax;
stamp duty land tax;
“registered pension scheme” has the meaning given in Part 4 of the Finance Act 2004;
“tax provision” means any provision made by or under an enactment relating to a relevant tax.
(1) The Treasury may by regulations make provision requiring a person specified or described in the regulations to give the Treasury a document or other information specified or described in the regulations.
(2) Regulations under subsection (1) may only make provision in respect of documents or other information which the Treasury reasonably require for the purposes of—
(a) making regulations under this Part,
(b) establishing or administering a new public scheme, including transferring qualifying accrued rights to such a scheme, or
(c) administering arrangements under which a qualifying liability arises.
(3) Regulations under subsection (1) may, among other things, include—
(a) provision about the time when the document or other information must be given;
(b) provision about the form and manner in which it must be given;
(c) provision for the imposition of a financial penalty on a person who, without reasonable excuse, fails to comply with a requirement imposed by the regulations (including provision for appeals to a court or tribunal).
(4) For the purposes of facilitating the establishment or administration of a new public scheme, including the transfer of qualifying accrued rights to such a scheme—
(a) information described in subsection (5)(a) may be shared among persons listed in subsection (5)(b), and
(b) information described in subsection (6)(a) may be shared among persons listed in subsection (6)(b).
(5) For the purposes of subsection (4)(a)—
(a) the information is information relating to—
(i) rights or entitlements to pensions or other benefits under the BBS Pension Scheme;
(ii) the administration of the BBS Pension Scheme;
(iii) rights or entitlements to pensions or other benefits under a new public scheme, so far as they are rights or entitlements of, or in respect of, persons who were members of the BBS Pension Scheme;
(iv) the administration of a new public scheme, so far as relevant to rights or entitlements described in sub-paragraph (iii);
(b) the persons are—
(i) the Treasury;
(ii) UK Asset Resolution Limited;
(iii) a trustee of the BBS Pension Scheme;
(iv) a person who exercises functions under the BBS Pension Scheme;
(v) a person who administers, or exercises functions under, a new public scheme.
(6) For the purposes of subsection (4)(b)—
(a) the information is information relating to—
(i) rights or entitlements to pensions or other benefits under the NRAM Pension Scheme;
(ii) the administration of the NRAM Pension Scheme;
(iii) rights or entitlements to pensions or other benefits under a new public scheme, so far as they are rights or entitlements of, or in respect of, persons who were members of the NRAM Pension Scheme;
(iv) the administration of a new public scheme, so far as relevant to rights or entitlements described in sub-paragraph (iii);
(b) the persons are—
(i) the Treasury;
(ii) UK Asset Resolution Limited;
(iii) a trustee of the NRAM Pension Scheme;
(iv) a person who exercises functions under the NRAM Pension Scheme;
(v) a person who administers, or exercises functions under, a new public scheme.
(7) For the purposes of facilitating the transfer of qualifying liabilities or the administration of an arrangement under which such liabilities arise—
(a) information relating to qualifying liabilities of UK Asset Resolution Limited may be shared among persons listed in subsection (8)(a) and (b),
(b) information relating to qualifying liabilities of Bradford & Bingley Limited may be shared among persons listed in subsection (8)(a), (b) and (c), and
(c) information qualifying liabilities of NRAM Limited may be shared among persons listed in subsection (8)(a), (b) and (d).
(8) For the purposes of subsection (7), the persons are—
(a) the Treasury;
(b) UK Asset Resolution Limited;
(c) Bradford & Bingley Limited;
(d) NRAM Limited.
(9) Except as provided by subsection (10), the disclosure of information in accordance with this section, or regulations made under this section, does not breach—
(a) any obligation of confidence owed by a person in relation to that information, or
(b) any other restriction on the disclosure of information (however imposed).
(10) This section and regulations made under this section do not require or authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account a duty imposed or power conferred by this section or the regulations).
(11) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(1) The Treasury must consult the relevant trustees before making—
(a) regulations under section 111 which establish a new public scheme or transfer qualifying accrued rights to a new public scheme, or
(b) regulations under section 115 which make provision for the transfer of assets or liabilities.
(2) In this section, “the relevant trustees” are—
(a) the trustees of the BBS Pension Scheme, where the regulations affect—
(i) persons who are members of that scheme, or
(ii) persons who have survived a member of that scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;
(b) the trustees of the NRAM Pension Scheme, where the regulations affect—
(i) persons who are members of that scheme, or
(ii) persons who have survived a member of that scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member.
(3) Regulations under section 111 are subject to the affirmative procedure if—
(a) the making of the regulations is subject to the consent requirements (see section 114(1)(a) and (2)), or
(b) the regulations make provision which has retrospective effect.
(4) Regulations under section 118(1) are subject to the affirmative procedure if they make provision about the amount of a financial penalty.
(5) A statutory instrument containing regulations under section 117 is subject to annulment in pursuance of a resolution of the House of Commons.
(6) Any other regulations under this Part are subject to the negative procedure.