Public Service Pensions and Judicial Offices Bill [HL] (HL Bill 44)

Public Service Pensions and Judicial Offices Bill [HL]Page 70

(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,
5the 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
10example, 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)15Subsection (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)20requiring 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)25affecting any power of any person to amend a new public scheme.

96 Protection against adverse treatment: amendment of new public schemes

(1)The Treasury may not make regulations under section 93 amending a new
public scheme unless—

(a)in a case where the amendment, on coming into force, would or might
30adversely 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)35The 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
40regulations 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)45are not requirements for the purpose of obtaining the consent of, or
consulting, interested persons or their representatives.

Public Service Pensions and Judicial Offices Bill [HL]Page 71

(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
5a 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)10For 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,
15means persons who appear to the Treasury to be likely to be affected by the
amendment.

97 Transfer of assets and liabilities

(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)20a 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
93 have been made.

(3)25Regulations under this section may include provision for the making of
payments into the Consolidated Fund.

Other liabilities to pay pensions

98 Transfer of other pensions and benefits

(1)The Treasury may by regulations make provision for the transfer to the
30Treasury of any of the following—

(a)qualifying liabilities of Bradford & Bingley Plc 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
35as an employee or office-holder of Bradford & Bingley Plc, 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
40qualifying 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).

Public Service Pensions and Judicial Offices Bill [HL]Page 72

(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)5provide for the enactment to apply in relation to the arrangement
subject to modifications specified in the regulations.

Supplementary

99 Taxation

(1)The Treasury may by regulations make provision for varying the way in which
10any 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
15scheme in respect of the member;

(d)a company within section 97(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
20any 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)25members 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)30persons 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
35purposes 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)40In this section—

  • “relevant tax” means—

    (a)

    income tax;

    (b)

    capital gains tax;

    (c)

    corporation tax;

    (d)

    45inheritance tax;

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    (e)

    stamp duty and stamp duty reserve tax;

    (f)

    stamp duty land tax;

  • “registered pension scheme” has the meaning given in Part 4 of the
    Finance Act 2004;

  • 5“tax provision” means any provision made by or under an enactment
    relating to a relevant tax.

100 Information

(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
10information 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)15establishing 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
20be 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
25tribunal).

(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
30persons 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)35rights 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
40respect 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)45the Treasury;

(ii)UK Asset Resolution Limited;

(iii)a trustee of the BBS Pension Scheme;

Public Service Pensions and Judicial Offices Bill [HL]Page 74

(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)5For 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)10rights 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
15rights 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)20a 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
25administration 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 Plc
30may 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)35the Treasury;

(b)UK Asset Resolution Limited;

(c)Bradford & Bingley Plc;

(d)NRAM Limited.

(9)Except as provided by subsection (10), the disclosure of information in
40accordance 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
45imposed).

(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

Public Service Pensions and Judicial Offices Bill [HL]Page 75

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).

101 5Regulations

(1)The Treasury must consult the relevant trustees before making—

(a)regulations under section 93 which establish a new public scheme or
transfer qualifying accrued rights to a new public scheme, or

(b)regulations under section 97 which make provision for the transfer of
10assets 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
15have 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)20persons 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 93 are subject to the affirmative procedure if—

(a)the making of the regulations is subject to the consent requirements (see
25section 96(1)(a) and (2)), or

(b)the regulations make provision which has retrospective effect.

(4)Regulations under section 100(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 99 is subject to
30annulment in pursuance of a resolution of the House of Commons.

(6)Any other regulations under this Part are subject to the negative procedure.

102 Interpretation

In this Part—

  • “BBS Pension Scheme” means the Bradford & Bingley Staff Pension
    35Scheme;

  • “enactment” includes—

    (a)

    an enactment comprised in subordinate legislation (within the
    meaning given by section 21 of the Interpretation Act 1978),

    (b)

    an enactment comprised in, or in an instrument made under, a
    40Measure or Act of the National Assembly for Wales,

    (c)

    enactment comprised in, or in an instrument made under, an
    Act of the Scottish Parliament, and

    (d)

    an enactment comprised in, or in an instrument made under,
    Northern Ireland legislation;

Public Service Pensions and Judicial Offices Bill [HL]Page 76

  • “member” has the meaning given by section 124(1) of the Pensions Act
    1995;

  • “money purchase benefits” has the meaning given by section 181 of the
    Pension Schemes Act 1993;

  • 5“new public scheme” has the meaning given by section 93(1);

  • “occupational pension scheme” has the meaning given by section 1 of the
    Pension Schemes Act 1993;

  • “pension credit right” has the meaning given by section 124(1) of the
    Pensions Act 1995;

  • 10“qualifying liability” has the meaning given by section 98(2).

Part 3 Judicial offices

Judicial pay and conditions

103 Retirement date for holders of judicial offices etc

15Schedule 1 makes provision about the retirement date for holders of judicial
offices.

104 Allowances for judicial office holders

Schedule 2 makes provision in respect of allowances payable to certain judicial
office holders.

20Sitting in retirement offices

105 Sitting in retirement offices

(1)For each judicial office listed in Schedule 3 (an “original office”) there is to be a
corresponding office (a “sitting in retirement office”).

(2)A sitting in retirement office is to have the name of the corresponding original
25office followed by the words “(sitting in retirement)”.

(3)In this Part, “original office” and “sitting in retirement office” have the meaning
given in subsection (1).

106 Appointment to sitting in retirement offices

(1)The appointing authority may appoint an eligible person to a sitting in
30retirement office if —

(a)it appears to the appointing authority that it is expedient to make the
appointment to facilitate the disposal of business in any court or
tribunal to which a person appointed to the office in question may be
deployed, and

(b)35the person is qualified for appointment to the corresponding original
office.

(2)“The appointing authority”, in relation to a sitting in retirement office, means—

Public Service Pensions and Judicial Offices Bill [HL]Page 77

(a)where the corresponding original office is listed in Part 1 of Schedule 3,
the Lord Chief Justice;

(b)where the corresponding original office is listed in Part 2 of Schedule 3,
the Senior President of Tribunals;

(c)5where the corresponding original office is listed in Part 3 of Schedule 3,
the Lord Chief Justice of Northern Ireland;

(d)where the corresponding original office is listed in Part 4 of Schedule 3,
the Northern Ireland Judicial Appointments Commission;

(e)where the corresponding original office is listed in Part 5 of Schedule 3,
10the President of Welsh Tribunals;

(f)where the corresponding original office is listed in Part 6 of Schedule 3,
the Lord President of the Court of Session.

(3)“An eligible person”, in relation to an appointment to a sitting in retirement
office, means a person who—

(a)15holds or has held a prescribed office, and

(b)is a person of such further description as may be prescribed.

(4)In subsection (3), “prescribed” means prescribed by regulations made by—

(a)where the corresponding original office is listed in Part 1 of Schedule 3,
the Lord Chancellor with the concurrence of the Lord Chief Justice;

(b)20where the corresponding original office is listed in Part 2 of Schedule 3,
the Lord Chancellor with the concurrence of the Senior President of
Tribunals;

(c)where the corresponding original office is listed in Part 3 of Schedule 3,
the Lord Chancellor with the concurrence of the Lord Chief Justice of
25Northern Ireland;

(d)where the corresponding original office is listed in Part 4 of Schedule 3,
the Department of Justice in Northern Ireland;

(e)where the corresponding original office is listed in Part 5 of Schedule 3,
the Welsh Ministers with the concurrence of the President of Welsh
30Tribunals;

(f)where the corresponding original office is listed in Part 6 of Schedule 3,
the Lord Chancellor with the concurrence of the Lord President of the
Court of Session.

(5)Before making an appointment under this section, the Lord Chief Justice, the
35Senior President of Tribunals or the Lord Chief Justice of Northern Ireland
must obtain the agreement of the Lord Chancellor.

(6)Before making an appointment under this section, the Northern Ireland
Judicial Appointments Commission must obtain the agreement of the
Department of Justice in Northern Ireland.

(7)40Before making an appointment under this section, the President of Welsh
Tribunals must obtain the agreement of—

(a)where the appointment is to an office to which subsection (8) applies,
the Welsh Ministers, or

(b)in any other case, the Lord Chancellor.

(8)45This subsection applies to—

(a)the office of Member of the Adjudication Panel for Wales (sitting in
retirement), and

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(b)the office of Legal member of the Welsh Language Tribunal (sitting in
retirement).

(9)The Lord Chief Justice may nominate a judicial office holder as defined in
section 109(4) of the Constitutional Reform Act 2005 to exercise functions of the
5Lord Chief Justice under this section.

(10)The Lord Chief Justice of Northern Ireland may nominate either of the
following persons to exercise functions of the Lord Chief Justice of Northern
Ireland under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice
10(Northern Ireland) Act 2002;
a Lord Justice of Appeal (as defined in section 88 of that Act).

(11)Regulations under this section are subject to the negative procedure.

107 Appointment to sitting in retirement offices: further provision

(1)This section applies to an appointment of a person under section 106.

(2)15Subject to subsection (3), the person appointed is to be treated for all purposes
as, and accordingly may perform any of the functions of, a person appointed
to the corresponding original office.

(3)Subsection (2) does not apply for the purposes of any enactment relating to—

(a)the appointment, removal or disqualification of office holders of the
20corresponding original office;

(b)the tenure of office or oaths to be taken by such office holders;

(c)the remuneration, allowances or pensions of such office holders.

(4)Subject as follows, the person appointed is to hold and vacate office in
accordance with the terms of the person’s appointment, which are to be such
25as the appropriate person may determine.

(5)The appointment may not extend beyond the day on which the person
appointed attains the age of 75.

(6)The person appointed is to be paid such remuneration and such allowances as
the appropriate person may determine.

(7)30A determination under subsection (6) is subject to any approval that is required
in respect of the equivalent determination in relation to the corresponding
original office.

(8)In this section, in relation to the exercise of a power in respect of a sitting in
retirement office, “the appropriate person” means the person who may
35exercise the equivalent power in relation to the corresponding original office.

(9)In this section, “enactment” includes—

(a)an enactment comprised in subordinate legislation (within the meaning
given by section 21 of the Interpretation Act 1978),

(b)an enactment comprised in, or in an instrument made under, a Measure
40or Act of the National Assembly for Wales,

(c)an enactment comprised in, or in an instrument made under, an Act of
the Scottish Parliament, and

(d)an enactment comprised in, or in an instrument made under, Northern
Ireland legislation.

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108 Discipline and removal from office

(1)A person appointed to a relevant sitting in retirement office may be removed
from that office only on a qualifying ground and—

(a)if the corresponding original office is the office of High Court Judge
5(England and Wales) or Lord Justice of Appeal (England and Wales), by
the Lord Chancellor with the agreement of the Lord Chief Justice, or

(b)in any other case, by the appropriate person.

(2)The exercise of the power under subsection (1)(b) is subject to any approval
that is required in relation to the exercise of the equivalent power in relation to
10the corresponding original office.

(3)In subsection (1), a “qualifying ground” is—

(a)a ground specified in the person’s terms of appointment, or

(b)the ground of inability or misbehaviour.

(4)Subsection (5) applies to a sitting in retirement office if—

(a)15the corresponding original office is listed in Schedule 14 to the
Constitutional Reform Act 2005, or

(b)the corresponding original office is an office listed in section 109(5) of
that Act (senior judges).

(5)Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (discipline) applies
20to the sitting in retirement office as it would apply if the office were listed in
Schedule 14 to that Act.

(6)Subsection (7) applies to a sitting in retirement office if the corresponding
original office is listed in Part 3 or 4 of Schedule 3 to this Act.

(7)Section 7 of the Justice (Northern Ireland) Act 2002 (removal from listed
25judicial offices) applies to the sitting in retirement office as it would apply if the
office were listed in Schedule 1 to that Act.

(8)In this section, a “relevant sitting in retirement office” is a sitting in retirement
office for which the corresponding original office is listed in Part 1, 2, 5 or 6 of
Schedule 3 to this Act.

(9)30In this section, “the appropriate person” has the meaning given by section 107.

109 Power to add new offices

(1)The appropriate national authority may by regulations amend Schedule 3 so as
to add a judicial office apart from an excluded Scottish office.

(2)In this section, “the appropriate national authority” means—

(a)35where the office is to be added to Part 4 of Schedule 3 and provision to
add the office to that Part of the Schedule would be within the
legislative competence of the Northern Ireland Assembly if it were
included in an Act of that Assembly, the Department of Justice in
Northern Ireland;

(b)40where the office is to be added to Part 5 of Schedule 3 and provision to
add the office to that Part of the Schedule would be within the