(7) A code of practice issued under this section may relate to all public
service pension schemes or any one or more of them.

(8) In this section, “relevant pensions legislation” means—

(a) the enactments constituting “pensions legislation” within the
5meaning of section 90, and

(b) sections 5(4) (pension board: conflicts of interest), 6 (pension
board: information) and 14 (records) of the Public Service
Pensions Act 2013.

(9) Sections 91 and 92 make provision about the procedure to be
10followed when a code of practice is issued or revoked under this
section.”

15 (1) Section 91 (procedure for codes) is amended as follows.

(2) In subsection (1), after “code of practice” there is inserted “under section 90
or 90A”.

(3) 15In subsections (4)(a) and (10), after “90” there is inserted “or 90A”.

(16) In section 92 (revocation of codes), in subsection (1), after “code of practice” there is inserted “under section 90 or 90A”.

17 In section 93 (procedure for regulatory functions), in subsection (2), after
paragraph (b) there is inserted—

“(ba) the power to appoint a skilled person in relation to a public
20service pension scheme under section 14A,”.

18 In section 154 (requirement to wind up schemes with sufficient assets), in
subsection (14), after “public service pension scheme” there is inserted
“(within the meaning of the Pension Schemes Act 1993)”.

19 After section 248 there is inserted—

“248A 25 Requirement for knowledge and understanding: pension boards of
public service pension schemes

(1) This section applies to every individual who is a member of the
pension board of a public service pension scheme.

(2) An individual to whom this section applies must be conversant
30with—

(a) the rules of the scheme, and

(b) any document recording policy about the administration of
the scheme which is for the time being adopted in relation to
the scheme.

(3) 35An individual to whom this section applies must have knowledge
and understanding of—

(a) the law relating to pensions, and

(b) such other matters as may be prescribed.

(4) The degree of knowledge and understanding required by subsection
40(3) is that appropriate for the purposes of enabling the individual
properly to exercise the functions of a member of the pension board.”

20 In section 249A (requirement for internal controls), in subsection (3)—

(a) before paragraph (a) there is inserted—

“(za) a public service pension scheme;”;

(b) in paragraph (a) for “a scheme” there is substituted “any other
scheme”.

21 5After section 249A there is inserted—

“249B Requirement for internal controls: public service pension schemes

(1) The scheme manager of a public service pension scheme must
establish and operate internal controls which are adequate for the
purpose of securing that the scheme is administered and managed—

(a) 10in accordance with the scheme rules, and

(b) in accordance with the requirements of the law.

(2) Nothing in this section affects any other obligations of the scheme
manager to establish or operate internal controls, whether imposed
by or by virtue of any enactment, the scheme rules or otherwise.

(3) 15In this section, “enactment” and “internal controls” have the same
meanings as in section 249A.”

22 (1) Section 318 (interpretation) is amended as follows.

(2) In subsection (1), after the definition of “occupational pension scheme” there
is inserted—

• 20““pension board” has the same meaning as in the Public Service
  Pensions Act 2013 (see section 5 of that Act);”.

(3) After the definition of “professional adviser” in that subsection there is
inserted—

• ““public service pension scheme” means, subject to subsection
  25(6)—

  (a)

  a scheme under section 1 of the Public Service
  Pensions Act 2013 (new public service schemes),
  other than such a scheme made by a Northern Ireland
  department;

  (b)

  30a new public body pension scheme (within the
  meaning of that Act), other than a scheme established
  by a person who exercises functions only in or as
  regards Northern Ireland;

  (c)

  any statutory pension scheme which is connected
  35with a scheme referred to in paragraph (a) or (b) (and
  for this purpose “statutory pension scheme” and
  “connected” have the meanings given in that Act);”.

(4) After the definition of “the Regulator” in that subsection there is inserted—

• ““scheme manager”, in relation to a public service pension
  40scheme, has the same meaning as in the Public Service
  Pensions Act 2013 (see section 4 of that Act);”.

(5) After subsection (5) there is inserted—

“(6) A scheme which would otherwise fall within the definition of
“public service pension scheme” in subsection (1) does not fall within
45that definition if it is specified in an order made by the Secretary of
State after consulting the Treasury.”

Part 2 Oversight under Pensions (Northern Ireland) Order 2005

23 The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)S.I. 2005/255 (N.I. 1)) is
amended as follows.

24 (1) 5Article 2 (general interpretation) is amended as follows.

(2) In paragraph (1), after the definition of “occupational pension scheme” there
is inserted—

• ““pension board” has the same meaning as in the Public Service
  Pensions Act 2013 (see section 5 of that Act);”.

(3) 10After the definition of “professional adviser” in that paragraph there is
inserted—

• ““public service pension scheme” means, subject to paragraph
  (6A)—

  (a)

  a scheme made under section 1 of the Public Service
  15Pensions Act 2013 by a Northern Ireland department;

  (b)

  a new public body pension scheme (within the
  meaning of that Act), if the person who established
  the scheme exercises functions only in or as regards
  Northern Ireland;

  (c)

  20any statutory pension scheme which is connected
  with a scheme referred to in paragraph (a) or (b) (and
  for this purpose “statutory pension scheme” and
  “connected” have the meanings given in that Act);”.

(4) After the definition of “the Regulator” in that paragraph there is inserted—

• 25““scheme manager”, in relation to a public service pension
  scheme, has the same meaning as in the Public Service
  Pensions Act 2013 (see section 4 of that Act);”.

(5) After paragraph (6) there is inserted—

“(6A) A scheme which would otherwise fall within the definition of
30“public service pension scheme” in paragraph (1) does not fall within
that definition if it is specified in an order made by the Department
after consulting the Department of Finance and Personnel.”

25 (1) Article 9 (improvement notices) is amended as follows.

(2) In paragraph (3)(a), after “85” there is inserted “or 85A”.

(3) 35In paragraph (7)—

(a) in sub-paragraph (c), the final “or” is repealed;

(b) at the end there is inserted “or

“(e) section 5(4) (pension board: conflicts of interest), 6
(pension board: information) or 14 (records) of the
40Public Service Pensions Act 2013.”

26 After Article 10 there is inserted—

“10A Appointment of skilled person to assist public service pension scheme

(1) The Regulator may, if it considers it desirable for the purpose of
ensuring compliance with pensions legislation, appoint a person to

assist the pension board of a public service pension scheme in the
discharge of its functions.

(2) A person appointed under this Article may be any person appearing
to the Regulator to have the necessary skills.

(3) 5The pension board of a public service pension scheme must have
regard to the advice of a person appointed under this Article.

(4) The costs of a person appointed under this Article are to be met by
the scheme manager of the scheme.

(5) In paragraph (1) “pensions legislation” has the same meaning as in
10Article 9.”

27 (1) In Article 13 (power of the Regulator to recover unpaid contributions),
paragraph (3) is amended as follows.

(2) In the definition of “due date”—

(a) in paragraph (b), the final “and” is repealed;

(b) 15after paragraph (c) there is inserted “and

“(d) in relation to employer contributions payable under a
public service pension scheme, the date on which the
contributions are due under the scheme;”.

(3) In the definition of “employer contribution”—

(a) 20in paragraph (a)—

(i) after “occupational pension scheme” there is inserted “other
than a public service pension scheme”;

(ii) the final “and” is repealed;

(b) after paragraph (b) there is inserted “and

“(c) 25in relation to a public service pension scheme, means
any contributions payable under the scheme by the
employer.”

28 In Article 65 (duty to report breaches of the law), in paragraph (1)—

(a) after sub-paragraph (a) there is inserted—

“(aa) 30a member of the pension board of a public service
pension scheme;”;

(b) in sub-paragraph (b), for “such a scheme” there is substituted “an
occupational or personal pension scheme”.

29 After Article 65 there is inserted—

35“Reporting late payment of employer contributions

65A Duty to report late payment of employer contributions

(1) Where—

(a) any amount payable under a public service pension scheme
by or on behalf of an employer in relation to the scheme by
40way of contributions is not paid on or before the date on
which it is due under the scheme, and

(b) the scheme manager has reasonable cause to believe that the
failure is likely to be of material significance to the Regulator
in the exercise of any of its functions,

the scheme manager must give a written report of the matter to the
Regulator as soon as reasonably practicable.

(2) Subject to Article 283 (protected items), no duty to which a person is
subject is to be regarded as contravened merely because of any
5information or opinion contained in a written report under this
Article.

(3) Article 10 of the 1995 Order (civil penalties) applies to any person
who, without reasonable excuse, fails to comply with an obligation
imposed on him by this Article.”

30 (1) 10Article 66 (reports by skilled persons) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (b), the final “or” is repealed;

(b) after sub-paragraph (b) there is inserted—

“(ba) in the case of a work-based scheme which is a public
15service pension scheme, a member of the pension
board of the scheme, or”;

(c) in sub-paragraph (c), for “such a scheme” there is substituted “a
work-based pension scheme”.

31 In Article 67 (provision of information), in paragraph (2), after sub-
20paragraph (a) there is inserted—

“(aa) a member of the pension board of a public service pension
scheme,”.

32 In Article 68 (inspection of premises), in paragraph (2), after sub-paragraph
(d) there is inserted—

“(da) 25section 14 of the Public Service Pensions Act 2013;”.

33 In Article 84 (reports), at the end there is inserted—

“(4) Before making a report under this Article which relates to a public
service pension scheme, the Regulator must notify the scheme
manager.”

34 30After Article 84 there is inserted—

“84A Reports about misappropriation etc in public service pension schemes

(1) If the Regulator has reasonable grounds to suspect or believe that a
member of the pension board of a public service pension scheme—

(a) has misappropriated any assets of the scheme or is likely to
35do so, or

(b) has a conflict of interest in relation to investment of assets of
the scheme,

the Regulator must report the matter to the scheme manager.

(2) For the purposes of the law of defamation, the reporting of any
40matter by the Regulator under paragraph (1) is privileged unless the
reporting is shown to be made with malice.

(3) For the purposes of paragraph (1)(b) a person does not have a conflict
of interest in relation to investment of assets merely by virtue of
membership of the scheme.”

35 (1) Article 85 (codes of practice) is amended as follows.

(2) In paragraph (4), after “provision of a code of practice” there is inserted
“issued under this Article”.

(3) In paragraph (7), at the end there is inserted “under this Article”.

(4) 5At the end of the Article there is inserted—

“(8) The Regulator may not issue codes of practice under this Article in
relation to a public service pension scheme (but see Article 85A).”

36 After Article 85 there is inserted—

“85A Codes of practice: public service pension schemes

(1) 10The Regulator may, in relation to public service pension schemes,
issue codes of practice—

(a) containing practical guidance in relation to the exercise of
functions under relevant pensions legislation, and

(b) regarding the standards of conduct and practice expected
15from those who exercise such functions.

(2) The Regulator must issue one or more such codes of practice relating
to the following matters—

(a) the discharge of the duties imposed by Article 65 and 65A
(duties to report breaches of the law and late payment of
20employer contributions);

(b) the obligations imposed by Article 225A (requirements for
knowledge and understanding: pension boards of public
service pension schemes);

(c) the discharge of the duty imposed by Article 226A (internal
25controls);

(d) the discharge of duties imposed under section 113 of the
Pension Schemes Act 1993 (disclosure of information to
members);

(e) the discharge of the duty imposed by section 49(9)(b) of the
30Pensions Act 1995 (duty of trustees or managers of
occupational pension schemes to report material failures by
employers to pay contributions deducted from employee’s
earnings timeously);

(f) the discharge of the duty imposed by section 50 of the
35Pensions Act 1995 (internal dispute resolution);

(g) the discharge of duties imposed under section 5(4) of the
Public Service Pensions Act 2013 and other duties relating to
conflicts of interest;

(h) the discharge of duties imposed by virtue of section 6
40(pension board: information) of that Act and other duties
relating to the publication of information about governance
and administration;

(i) the discharge of duties imposed under section 14 (records) of
that Act and other duties relating to record-keeping;

(j) 45such other matters as are prescribed for the purposes of this
Article.

(3) The Regulator may from time to time revise the whole or any part of
a code of practice issued under this Article and issue that revised
code.

(4) Subject to Article 9(3)(a) and (8) (power for improvement notice to
5direct that person complies with code of practice and civil penalties
for failure to comply), a failure on the part of any person to observe
any provision of a code of practice issued under this Article does not
of itself render that person liable to any legal proceedings.

(5) A code of practice issued under this Article is admissible in evidence
10in any legal proceedings (within the meaning of Article 85) and, if
any provision of such a code appears to the court or tribunal
concerned to be relevant to any question arising in the proceedings,
it must be taken into account in determining that question.

(6) A code of practice issued under this Article may be—

(a) 15combined with a code of practice issued under Article 85;

(b) combined with one or more other codes of practice issued
under this Article.

(7) A code of practice issued under this Article may relate to all public
service pension schemes or any one or more of them.

(8) 20In this Article, “relevant pensions legislation” means—

(a) the statutory provisions constituting “pensions legislation”
within the meaning of Article 85, and

(b) sections 5(4) (pension board: conflicts of interest), 6 (pension
board: information) and 14 (records) of the Public Service
25Pensions Act 2013.

(9) Articles 86 and 87 make provision about the procedure to be
followed when a code of practice is issued or revoked under this
Article.”

37 (1) Article 86 (procedure for codes) is amended as follows.

(2) 30In paragraph (1), after “code of practice” there is inserted “under Article 85
or 85A”.

(3) In paragraphs (4)(a) and (9), after “85” there is inserted “or 85A”.

(38) In Article 87 (revocation of codes), in paragraph (1), after “code of practice” there is inserted “under Article 85 or 85A”.

39 In Article 88 (procedure for regulatory functions), in paragraph (2), after
35sub-paragraph (b) there is inserted—

“(ba) the power to appoint a skilled person in relation to a public
service pension scheme under Article 10A,”.

40 In Article 138 (requirement to wind up schemes with sufficient assets), in
paragraph (14), after “public service pension scheme” there is inserted
40“(within the meaning of the Pension Schemes Act 1993)”.

41 After Article 225 there is inserted—

“225A Requirement for knowledge and understanding: pension boards of
public service pension schemes

(1) This Article applies to every individual who is a member of the
5pension board of a public service pension scheme.

(2) An individual to whom this Article applies must be conversant
with—

(a) the rules of the scheme, and

(b) any document recording policy about the administration of
10the scheme which is for the time being adopted in relation to
the scheme.

(3) An individual to whom this Article applies must have knowledge
and understanding of—

(a) the law relating to pensions, and

(b) 15such other matters as may be prescribed.

(4) The degree of knowledge and understanding required by paragraph
(3) is that appropriate for the purposes of enabling the individual
properly to exercise the functions of a member of the pension board.”

42 In Article 226A (requirement for internal controls), in paragraph (3)—

(a) 20before sub-paragraph (a) there is inserted—

“(za) a public service pension scheme;”;

(b) in sub-paragraph (a) for “a scheme” there is substituted “any other
scheme”.

43 After Article 226A there is inserted—

“226B 25 Requirement for internal controls: public service pension schemes

(1) The scheme manager of a public service pension scheme must
establish and operate internal controls which are adequate for the
purpose of securing that the scheme is administered and managed—

(a) in accordance with the scheme rules, and

(b) 30in accordance with the requirements of the law.

(2) Nothing in this Article affects any other obligations of the scheme
manager to establish or operate internal controls, whether imposed
by or by virtue of any statutory provision, the scheme rules or
otherwise.

(3) 35In this Article “internal controls” has the same meaning as in Article
226A.”

Section 16

SCHEDULE 5 Existing pension schemes

Civil servants

1 40A scheme under section 1 of the Superannuation Act 1972.

2 A scheme under Article 3 of the Superannuation (Northern Ireland) Order
1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Judiciary

3 A scheme constituted by section 20 of the Sheriff Courts (Scotland) Act 1907.

4 45A scheme constituted by paragraph 23 of Schedule 9 to the Agriculture Act
1947, so far as relating to payment of pension benefits.

5 A scheme constituted by or made under any provision of Part XIII of the
County Courts Act (Northern Ireland) 1959.

6 A scheme constituted by or made under any provision of District Judges
50(Magistrates’ Courts) Pensions Act (Northern Ireland) 1960.

7 A scheme constituted by or made under any provision of the Sheriffs’
Pensions (Scotland) Act 1961.

8 A scheme constituted by or made under any provision of the Judicial
Pensions Act 1981.

9 55A scheme constituted by paragraph 9 of Schedule 4 to the Rent (Scotland)
Act 1984.

10 A scheme constituted by or made under any provision of Part 1 or section 19
of the Judicial Pensions and Retirement Act 1993.

11 A scheme constituted by paragraph 4(1) of Schedule 1 to the Scottish Land
60Court Act 1993.

12 A scheme constituted by or made under paragraph 6 of Schedule 2 to the
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)2003 (asp 13).

13 A scheme constituted by or made under paragraph 9 of Schedule 1 to the
Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)2004 (asp 4).

14 65A scheme constituted by paragraph 2(1)(b) of Schedule 2 to the Charities and
Trustee Investment (Scotland) Act 2005 (asp 10)2005 (asp 10), so far as relating to
payment of pension benefits.

15 A scheme constituted by paragraph 6(3) of Schedule 11 to the Welsh
Language (Wales) Measure 2011 (nawm 1).

70Local government workers

16 A scheme constituted by paragraph 2 of Schedule 1 to the Coroners Act 1988.

17 Regulations under section 7 of the Superannuation Act 1972.

18 Regulations under Article 9 of the Superannuation (Northern Ireland) Order
1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Teachers

19 Regulations under section 9 of the Superannuation Act 1972.

20 Regulations under Article 11 of the Superannuation (Northern Ireland)
Order 1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

5Health service workers

21 Regulations under section 10 of the Superannuation Act 1972.

22 Regulations under Article 12 of the Superannuation (Northern Ireland)
Order 1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Fire and rescue workers

23 10A scheme under section 26 of the Fire Services Act 1947.

24 An order under Article 10 of the Fire Services (Northern Ireland) Order 1984
(S.I. 1984/1821 (N.I. 11)S.I. 1984/1821 (N.I. 11)) (continued by Article 60 of the Fire and Rescue
Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)S.I. 2006/1254 (N.I. 9))).

25 A scheme under section 34 of the Fire and Rescue Services Act 2004.

15Members of police forces

26 Regulations under section 1 of the Police Pensions Act 1976.

27 A scheme under section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland)
Act 1998.

Armed forces

28 20The scheme constituted by the Royal Warrant of 19 December 1949 (see
Army Order 151 of 1949).

29 An Order in Council under section 3 of the Naval and Marine Pay and
Pensions Act 1865.

30 An order under section 2 of the Pensions and Yeomanry Pay Act 1884.

31 25An order under section 2 of the Air Force (Constitution) Act 1917.

32 Orders or regulations under section 4 of the Reserve Forces Act 1996
containing provision made under section 8 of that Act.

33 A scheme under section 1(1) of the Armed Forces (Pensions and
Compensation) Act 2004.

Section 17

5SCHEDULE 6 Existing injury and compensation schemes

Civil servants

1 A scheme under section 1 of the Superannuation Act 1972.

2 A scheme under Article 3 of the Superannuation (Northern Ireland) Order
101972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Judiciary

3 A scheme constituted by or made under Part 3 of Schedule 1 to the Judicial
Pensions Act 1981.

4 A scheme constituted by section 11(b) of the Judicial Pensions Act 1981.

15Local government workers

5 Regulations under section 7 of the Superannuation Act 1972.

6 Regulations under Article 9 of the Superannuation (Northern Ireland) Order
1972.

Teachers

7 20Regulations under section 9 of the Superannuation Act 1972.

8 Regulations under Article 11 of the Superannuation (Northern Ireland)
Order 1972.

Health service workers

9 Regulations under section 10 of the Superannuation Act 1972.

10 25Regulations under Article 12 of the Superannuation (Northern Ireland)
Order 1972.

Fire and rescue workers

11 Article 10 of the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821S.I. 1984/1821
(N.I. 11)).

12 30A scheme under section 34 of the Fire and Rescue Services Act 2004.

Members of police forces

13 Regulations under section 1 of the Police Pensions Act 1976.

14 A scheme under section 25(2) or 26(2) of the Police (Northern Ireland) Act
1998.

35Armed forces

15 The scheme constituted by the Royal Warrant of 19 December 1949 (see
Army Order 151 of 1949).

16 An Order in Council under section 3 of the Naval and Marine Pay and
Pensions Act 1865.

17 40An order under section 2 of the Pensions and Yeomanry Pay Act 1884.

18 An order under section 2 of the Air Force (Constitution) Act 1917.

19 An order or regulations under section 4 of the Reserve Forces Act 1996
containing provision made under section 8 of that Act.

20 A scheme under section 1(1) of the Armed Forces (Pensions and
45Compensation) Act 2004.

21 A scheme under section 1(2) of the Armed Forces (Pensions and
Compensation) Act 2004.

Compensation schemes for loss of office

22 Regulations under section 24 of the Superannuation Act 1972.

23 50Regulations under Article 19 of the Superannuation (Northern Ireland)
Order 1972.