SCHEDULE 8 continued
Public Service Pensions BillPage 50
the Lord Chancellor), in Part A of paragraph 4, at the end there is inserted—
Schedule 2, paragraph 1(2)”.
42
5In section 3 of the Parliament (Joint Departments) Act 2007 (staff), in
subsection (2)(c), after “kept in line with the provisions of” there is inserted
“, or provided under,”.
Section 26
1 The Superannuation Act 1972 is amended as follows.
2
In section 1 (superannuation schemes as respects civil servants, etc), after
subsection (4) there is inserted—
“(4A)
This section also applies to persons serving in employment or in an
15office, not being service in employment or in an office of a kind
mentioned in subsection (4), where the employment or office is
specified in a list produced for the purposes of this subsection (see
section 1A).”
3 After section 1 there is inserted—
(1)
The Minister may specify an employment or office in a list produced
for the purposes of section 1(4A) if subsection (2), (3) or (4) applies in
relation to the employment or office.
(2) This subsection applies to an employment or office if—
(a)
25at any time on or after the commencement of this section, the
employment or office ceases to be of a kind mentioned in
section 1(4), and
(b)
immediately before that time persons serving in the
employment or office are, or are eligible to be, members of a
30scheme under section 1 by virtue of section 1(4).
(3) This subsection applies to an employment or office if—
(a)
at any time before the commencement of this section, the
employment or office ceased to be of a kind mentioned in
section 1(4), and
(b)
35at that time persons serving in the employment or office
ceased to be members of a scheme under section 1 or to be
eligible for membership of such a scheme.
(4) This subsection applies to an employment or office if—
(a) it is of a description prescribed by regulations, and
Public Service Pensions BillPage 51
(b)
the Minister determines that it is appropriate for it to be
specified for the purposes of section 1(4A).
(5)
The power to specify an employment or office in reliance on
subsection (4) may be exercised so as to have retrospective effect.
(6) 5The Minister—
(a)
may at any time amend a list produced under this section,
and
(b) must publish the list (and any amendments to it).
(7)
The published list must comply with such requirements, and contain
10such information, as may be prescribed by regulations.
(8)
Regulations made under this section must be made by the Minister
by statutory instrument; and an instrument containing such
regulations is subject to annulment in pursuance of a resolution of
either House of Parliament.”
4 The Superannuation (Northern Ireland) Order 1972 is amended as follows.
5
In Article 3 (superannuation schemes as respects civil servants, etc), after
paragraph (3) there is inserted—
“(3A)
This Article also applies to persons serving in employment or in an
20office, not being service in employment or in an office of a kind
mentioned in paragraph (3), where the employment or office is
specified in a list produced for the purposes of this paragraph (see
Article 3A).”
6 After Article 3 there is inserted—
(1)
The Department may specify an employment or office in a list
produced for the purposes of Article 3(3A) if paragraph (2), (3) or (4)
applies in relation to the employment or office.
(2) This paragraph applies to an employment or office if—
(a)
30at any time on or after the commencement of this Article, the
employment or office ceases to be of a kind mentioned in
Article 3(3), and
(b)
immediately before that time persons serving in the
employment or office are, or are eligible to be, members of a
35scheme under Article 3 by virtue of Article 3(3).
(3) This paragraph applies to an employment or office if—
(a)
at any time before the commencement of this Article, the
employment or office ceased to be of a kind mentioned in
Article 3(3), and
(b)
40at that time persons serving in the employment or office
ceased to be members of a scheme under Article 3 or to be
eligible for membership of such a scheme.
(4) This paragraph applies to an employment or office if—
(a) it is of a description prescribed by regulations, and
Public Service Pensions BillPage 52
(b)
the Department determines that it is appropriate for it to be
specified for the purposes of Article 3(3A).
(5)
The power to specify an employment or office in reliance on
paragraph (4) may be exercised so as to have retrospective effect.
(6) 5The Department—
(a)
may at any time amend a list produced under this Article,
and
(b) must publish the list (and any amendments to it).
(7)
The published list must comply with such requirements, and contain
10such information, as may be prescribed by regulations.
(8)
Regulations made under this Article are subject to negative
resolution.”
Section 28(1)
1 15Arts and Humanities Research Council.
2 Biotechnology and Biological Sciences Research Council.
3 Civil Nuclear Police Authority.
4 Commissioners of Irish Lights.
5 Economic and Social Research Council.
6 20Engineering and Physical Sciences Research Council.
7 Natural Environment Research Council.
8 Commissioners of Northern Lighthouses.
9 Science and Technology Facilities Council.
10 Secret Intelligence Service.
11 25Security Service.
12 Technology Strategy Board.
13 Trinity House Lighthouse Service.
14 United Kingdom Atomic Energy Authority.
Section 30
1
(1)
Schedule 6 to the Constitutional Reform and Governance Act 2010
(parliamentary and other pensions) is amended as follows.
Public Service Pensions BillPage 53
(2)
Paragraph 12(2) to (5) (exclusion from MPs’ scheme of persons with service
as Lord Chancellor, Prime Minister or Commons Speaker) is repealed.
(3) In paragraph 16 (Ministers’ etc pension scheme)—
(a) in sub-paragraph (2), after paragraph (b) there is inserted—
“(ba) 5Lord Chancellor,
(bb) Speaker of the House of Commons,”;
(b)
sub-paragraph (3) (exclusion from scheme of persons with service as
Lord Chancellor, Prime Minister or Commons Speaker) is repealed.
2
In section 4 of the Ministerial and other Pensions and Salaries Act 1991
10(grants to persons ceasing to hold ministerial and other offices), in
subsection (6)—
(a)
in paragraph (a), “, other than that of Prime Minister and First Lord
of the Treasury,” is repealed;
(b) after paragraph (ba) there is inserted—
“(bb) 15the office of Lord Chancellor;
(bc) the office of Speaker of the House of Commons;”.
3 (1) The Ministerial and other Salaries Act 1975 is amended as follows.
(2)
In section 1 (salaries), in subsection (2), for the words from “at such rate” to
20the end there is substituted “of—
“(a)
£68,827, where the Lord Chancellor is a member of the House
of Commons;
(b) otherwise, £101,038.”
(3) In that section, after subsection (5) there is inserted—
“(6)
25Where a person who holds office as Lord Chancellor (and to whom
a salary is accordingly payable under subsection (2)) is also the
holder of one or more other offices in respect of which a salary is
payable under this section, he shall only be entitled to one of those
salaries.
(7)
30If, in the case of a person mentioned in subsection (6), there is a
difference between the salaries payable in respect of the offices held
by him, the office in respect of which a salary is payable to him shall
be that in respect of which the highest salary is payable.”
(4)
In section 1A (alteration of salaries), in subsection (1), after “section 1(1),”
35insert “(2)(a) or (b),”.
4 The Lord Chancellor’s Pension Act 1832 is repealed.
5
Sections 26 to 28 of the Parliamentary and other Pensions Act 1972 (pensions
of Prime Minister, Commons Speaker and Lord Chancellor etc) are repealed.
6 40In the Judicial Pensions Act 1981—
(a)
in section 16 (application and interpretation of Part 2 of Act), in the
Table, the entry relating to the office of Lord Chancellor is repealed;
Public Service Pensions BillPage 54
(b)
section 26 (references to retirement, in relation to Lord Chancellor, to
be read as resignation from office) is repealed.
7
The provisions listed in the following table (which includes spent
provisions) are repealed—
Act | 5Extent of repeal |
---|---|
Pensions (Increase) Act 1971 (c. 56) |
In Schedule 2, paragraphs 1 to 3. |
Parliamentary and other Pensions Act 1972 (c. 48) |
Sections 31, 36 and 37. |
Ministerial and other Pensions and Salaries Act 1991 (c. 5) |
Sections 1 and 3(1). |
Parliamentary and other Pensions Act 1987 (c. 45) |
10In Schedule 3, paragraph 4. |
Pensions Act 1995 (c. 26) | Section 170. |
Civil Partnership Act 2004 (c. 33) |
In Schedule 25, paragraph 3. |
Constitutional Reform and Governance Act 2010 (c. 25) |
In Schedule 6, paragraphs 36 and 37. |
8
(1)
15Subject to sub-paragraph (2), this Schedule does not have effect in relation to
any term of service as Prime Minister and First Lord of the Treasury, Lord
Chancellor, or Speaker of the House of Commons beginning before the day
on which section 30 comes into force.
(2)
In relation to a term of service as Lord Chancellor beginning on or after 4
20September 2012 (but before the day on which section 30 comes into force),
the amendments made by paragraph 1 have effect from—
(a) the day on which section 30 comes into force, or
(b) if later, the day after that on which the term of service ceases.