Public Service Pensions and Judicial Offices Bill [HL]

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

477 The provisions of this Bill extend and apply to England and Wales and Scotland and Northern Ireland with the following exceptions:

Does not extend to England

Clause 85 (Power of Department of Finance to make scheme for compensation)

Do not extend to Wales

Clause 85 (Power of Department of Finance to make scheme for compensation)

Clause 104 (Allowances for judicial office holders)

Schedule 2 (Allowances payable to judicial office holders

Does not extend to Scotland

Clause 85 (Power of Department of Finance to make scheme for compensation)

Provision

England

Wales

Scotland

Northern Ireland

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Legislative Consent Motion process engaged?

Extends and applies to Scotland?

Legislative Consent Motion process engaged?

Extends and applies to Northern Ireland?

Legislative Consent Motion process engaged?

Part 1 - Public Service Pension Schemes - Chapter 1

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Chapter 2

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Chapter 3

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 76

In part

In part

No

In part

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 77

In part

In part

No

In part

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 78

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 79

In part

In part

No

In part

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 80

In part

In part

No

In part

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 81

Yes

Yes

No

Yes

No

Yes

No

Part 1 - Public Service Pension Schemes - Clause 82

In part

In part

No

In part

Yes

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 83

Yes

Yes

No

Yes

No

Yes

No

Part 1 - Public Service Pension Schemes - Clause 84

Yes

Yes

No

Yes

No

Yes

No

Part 1 - Public Service Pension Schemes - Clause 85

No

No

No

No

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 86

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 87

Yes

Yes

No

Yes

No

Yes

No

Part 1 - Public Service Pension Schemes - Clause 88

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 89

Yes

Yes

No

Yes

No

Yes

No

Part 1 - Public Service Pension Schemes - Clause 90

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 91

Yes

Yes

No

Yes

No

Yes

Yes

Part 1 - Public Service Pension Schemes - Clause 92

Yes

Yes

No

Yes

No

Yes

Yes

Part 2 – Pensions and Banking (Special Provision) Act 2008 Bodies

Yes

Yes

No

Yes

No

Yes

No

Part 3 - Judicial Offices - Clause 103

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Part 3 - Judicial Offices - Clause 104

Yes

No

No

Yes

Yes

Yes

Yes

Part 3 - Judicial Offices - Clause 105

Yes

Yes

Yes

Yes

No

Yes

Yes

Part 3 - Judicial Offices - Clause 106

In part

In part

Yes

In part

No

In part

Yes

Part 3 - Judicial Offices - Clause 107

Yes

Yes

Yes

Yes

No

Yes

Yes

Part 3 - Judicial Offices - Clause 108

In part

In part

Yes

In part

No

Yes

Yes

Part 3 - Judicial Offices - Clause 109

Yes

Yes

Yes

Yes

No

Yes

Yes

Part 3 - Judicial Offices - Clause 110

Yes

Yes

Yes

Yes

No

Yes

Yes

Part 3 - Judicial Offices - Schedule 1

In part

In part

Yes

In part

Yes

In part

Yes

Part 3 - Judicial Offices - Schedule 2

Yes

No

No

Yes

Yes

Yes

Yes

Part 3 - Judicial Offices - Schedule 3

In part

In part

Yes

In part

No

In part

Yes

Part 3 - Judicial Offices - Schedule 4

In part

In part

Yes

In part

No

In part

Yes

Part 4 - General - Clause 111

Yes

Yes

No

Yes

No

Yes

Yes

Part 4 - General - Clause 112

Yes

Yes

No

Yes

No

Yes

Yes

Part 4 - General - Clause 113

Yes

Yes

No

Yes

No

Yes

Yes

Part 4 - General - Clause 114

Yes

Yes

No

Yes

No

Yes

Yes

Subject matter and legislative competence of devolved legislatures

478 In Part 1, Chapter 1:

Public service pensions are not devolved, with the exception of Northern Ireland. The Bill includes amendments to the relevant Northern Ireland legislation.

479 In Part 1, Chapter 2:

In terms of current legislation, pension provision for Welsh and most Scottish devolved (and reserved) judicial office holders is provided for in the UK judicial pension schemes and the remedy provisions as described will apply equally to them. In respect of Northern Ireland, while most office holders are members of the UK schemes, a small number of devolved judiciary were provided with a 2015 scheme under Northern Ireland legislation. The Bill includes equivalent amendments to the relevant Northern Ireland legislation which provided for a 2015 reformed scheme to implement fully the McCloud remedy.

480 In Part 1, Chapter 3:

The Local Government Pension Scheme is not devolved, with the exception of Northern Ireland.

481 In Part 1, Chapter 4:

The general provisions in Chapter 4 are not devolved to Scotland or Wales with the exception of Clause 82 (amendments related to the judiciary). The relevant aspects of pension provision are devolved to Northern Ireland, but there are some provisions that relate to the functions of UK Government (either where pensions are controlled by the UK Government or relate to the functions of the UK Government in administering the remedy). Those provisions that are not devolved to Northern Ireland are Clause 81, 83, 84, 87 and 89.

482 In Part 2:

None of the provisions detailed in Part 2 are devolved matters.

483 In Part 3:

The judicial allowances measure provides the power for the Lord Chancellor to determine allowances for posts reserved to the UK Government where this does not exist as well as for the Devolved Administrations in Scotland and Northern Ireland to determine allowances for judicial office holders where this power does not currently exist.

Provisions to raise the MRA to 75 for certain judicial offices apply UK-wide. Included are a number of judicial offices in Wales, Scotland and Northern Ireland, whose MRA is a devolved matter for Senedd Cymru, the Scottish Parliament and the Northern Ireland Assembly respectively.

Clauses 105 to 109, which make provision for the new sitting in retirement office, apply UK-wide. The judicial office holders in scope of this provision (set out in Schedule 3) include those whose terms of appointment are devolved matters for the Senedd Cymru and Northern Ireland Assembly. Judicial office holders whose terms of appointment are a devolved matter for the Scottish Parliament are not in scope of this provision.

484 In Part 4:

These provisions relate to the regulations and directions, extent, commencement and short title. These provisions are not devolved, with the exception of Northern Ireland.

 

19 July 2021