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Power to make consequential amendments
16 (1) The Minister for the Civil Service may by order make such modifications of any enactment or subordinate legislation (whenever passed or made) as the Minister considers appropriate in consequence of any provision of a scheme made by the IPSA or the Minister for the Civil Service under this Part of this Schedule.
(2) In sub-paragraph (1) the reference to subordinate legislation does not include a scheme made by the IPSA or the Minister for the Civil Service under this Part of this Schedule.
(3) An order under this paragraph is to be made by statutory instrument.
(4) A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
Interpretation etc17 (1) A scheme made by the IPSA under paragraph 3 or 7 may amend or revoke any previous scheme made by the IPSA under that paragraph.
(2) A scheme made by the Minister for the Civil Service under paragraph 11 may amend or revoke any previous scheme made by the Minister under that paragraph.
(3) In this Part of this Schedule-
"the Fund" means the Parliamentary Contributory Pension Fund;
"the IPSA" means the Independent Parliamentary Standards Authority;
"modifications" includes additions, alterations and omissions (and related expressions are to be read accordingly);
"subordinate legislation" has the same meaning as in the Interpretation Act 1978.
Introductory
18 (1) In this Part of this Schedule "relevant service"-
(a) for the purposes of paragraph 9(1)(a), means service as a member of
(b) for the purposes of paragraph 12(1)(a), means service to which
(2) Expressions defined in relation to Part 1 of this Schedule have the same meaning in this Part of this Schedule as in that Part.
Contributions19 Provision authorising or requiring contributions and other sums to be paid into the Fund by or on behalf of persons in relevant service, including provision for those contributions and sums to be paid-
(a) by deductions from salary;
(b) in the case of a person who does not draw a salary, out of money provided by Parliament.
Conditions etc(a) the circumstances in which there is to be entitlement to a pension payable out of the Fund;
(b) the conditions of any such entitlement;
(c) the persons to or for the benefit of whom such a pension is payable;
(d) the calculation of the amount of any such pension;
(e) the payment or commutation of any such pension.
Pensions not paid out of Fund
21 (1) Provision for the application of assets of the Fund in or towards the provision of pensions to be paid otherwise than out of the Fund.
(2) In connection with such provision, provision for the payment into the Fund out of money provided by Parliament of sums in addition to those paid into the Fund under paragraph 5.
Transfer values22 (1) Provision for the payment and receipt of transfer values by the trustees of the Fund (including provision for the payment of such values into the Consolidated Fund).
(2) Provision for the transfer and receipt by the trustees of the Fund of funds or policies of insurance in lieu of transfer values.
Service23 Provision authorising service other than relevant service to be taken into account, in addition to relevant service, for the purposes of any provision of the scheme.
Repayments24 (1) Provision as to the circumstances and manner in which amounts equal to some or all of the contributions and other sums paid by or on behalf of a person into the Fund may be repaid or paid to that person.
(2) Provision as to the circumstances and manner in which any such amounts are to be paid out of the Consolidated Fund in respect of transfer values paid into that Fund.
(3) Provision under sub-paragraph (1) or (2) may include provision as to whether any repayment or payment made under that provision is to be made with or without interest.
Assignment etc.(a) any assignment (or, in Scotland, assignation) of a pension which is payable or may become payable out of the Fund;
(b) any charge on such a pension;
(c) any agreement to assign or charge such a pension.
Functions26 Provision conferring functions under the scheme on persons specified in or determined under the scheme.
Approvals27 Provision making the approval, satisfaction or opinion of persons on whom functions are conferred by or under the scheme material for the purposes of any provision of the scheme.
Payments without probate28 Provision authorising (in relation to such cases, circumstances or persons as may be specified in or determined under the scheme) any sum due to be paid out of the Fund in respect of a person who has died to be paid without probate or other proof of title.
Application of other provisions29 Provision which (with or without modifications) applies in relation to a pension payable out of the Fund so much of any enactment or subordinate legislation (whenever passed or made) as relates to another pension, being a pension payable out of money provided by Parliament.
Pensions (Increase) Act 1971 (c. 56)
30 (1) Part 1 of Schedule 2 is amended as follows.
(2) For paragraph 3A substitute-
"3A A pension which, under a scheme under paragraph 7 or 11 of Schedule [Parliamentary and other pensions] to the Constitutional Reform and Governance Act 2010, is payable out of the Parliamentary Contributory Pension Fund."
(3) In paragraph 3B for "an order" substitute "a scheme".
Parliamentary and other Pensions Act 1972 (c. 48)31 (1) Section 27 (pensions for dependants of Prime Minister or Speaker) is amended as follows.
(a) in paragraph (a) for the words from "in respect" to the end substitute "under a scheme made by the Minister for the Civil Service under paragraph 11 of Schedule [ Parliamentary and other pensions] to the Constitutional Reform and Governance Act 2010 to receive a pension payable out of the Parliamentary Contributory Pension Fund in respect of service to which that paragraph applies", and
(b) in paragraph (c) for "Treasury" substitute "Minister for the Civil Service".
(a) for "the Parliamentary pension scheme" substitute "a scheme made by the Minister for the Civil Service under paragraph 11 of Schedule [ Parliamentary and other pensions] to the Constitutional Reform and Governance Act 2010",
(b) in paragraph (a) for "as a Member of the House of Commons"
substitute "to which that paragraph applies", and
(c) in paragraph (b), for "Leader of the House of Commons" substitute "Minister for the Civil Service".
(4) In subsection (5), omit from ""the Leader" to the end.
32 (1) The amendments made by paragraph 31 do not apply in relation to a person who, having held office as Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, died before that paragraph comes into force.
(2) In relation to such a person section 27 of the Parliamentary and other Pensions Act 1972, and the provisions designated under that section, have effect as if this Act had not been passed.
European Parliament (Pay and Pensions) Act 1979 (c. 50)33 (1) Section 4 (pensions) is amended as follows.
(a) for "Leader of the House of Commons may by order make" substitute "IPSA may make a scheme containing", and
(b) for "by the order" substitute "in the scheme".
(a) for "orders" substitute "a scheme", and
(b) for "order" substitute "scheme".
(a) for "an order" substitute "a scheme", and
(b) in paragraphs (d) and (g) for "order" substitute "scheme".
(5) In subsection (3A), for "An order" substitute "A scheme".
(6) For subsection (4) substitute-
"(4) Before making a scheme under this section the IPSA must consult-
(b) the Minister for the Civil Service,
(c) persons it considers to represent those likely to be affected by the scheme,
(d) the Government Actuary, and
(e) any other person it considers appropriate.
(4A) The IPSA must send to the Speaker of the House of Commons for laying before both Houses of Parliament-
(a) any scheme made by it under this section, and
(b) a statement of the reasons for making the scheme.
(4B) When the scheme and the statement of reasons have been laid, the IPSA must publish them in a way it considers appropriate."
(7) For subsection (5) substitute-
"(5) The IPSA must from time to time prepare a report on the operation of any provisions in force under this section, and send it to the Speaker of the House of Commons for laying before both Houses of Parliament."
(8) After subsection (7) insert-
"(8) A scheme made by the IPSA under this section may amend or revoke any previous scheme made by the IPSA under this section."
34 (1) Section 6 (block transfer into another pension scheme) is amended as follows.
(a) for "Leader of the House of Commons may by order" substitute "IPSA may, with the consent of the Treasury and the Minister for the Civil Service", and
(b) for "the order" substitute "the direction".
(a) for "making an order" substitute "giving a direction",
(b) for "Leader of the House of Commons" substitute "IPSA",
(c) for "he" (in both places) substitute "it",
(d) for "make such an order" substitute "give such a direction", and
(e) for "the order" substitute "the direction".
(4) In subsection (4), in the definition of "the relevant pension provisions"-
(a) for "an order" substitute "a direction",
(b) for "orders" substitute "a scheme", and
(c) for "order is made" substitute "direction is given".
35 (1) Section 7 (expenses and receipts) is amended as follows.
(2) In subsection (1)(c) (expenses and receipts)-
(a) for "any order" substitute "a scheme", and
(b) omit the words from "or of any" to the end.
(3) In subsection (1)(d) for "an order" substitute "a direction".
36 (1) Section 8 is amended as follows.
(2) In subsection (1) (interpretation)-
(a) after the definition of "electoral region" insert-
"the IPSA" means the Independent Parliamentary Standards
(b) omit the definition of "the Leader of the House of Commons".
House of Commons Members' Fund and Parliamentary Pensions Act 1981 (c. 7)37 In section 1 (entitlement to payments out of House of Commons Members' Fund)-
(a) in subsection (5)(b) for "paragraph (b), (c) or (d) of section 2(2) of the Parliamentary and other Pensions Act 1987" substitute "subsection (5A)", and
(b) after subsection (5) insert-
(a) the offices mentioned in paragraph 11(2)(a), (b), (d) or (e) of Schedule [ Parliamentary and other pensions] to the Constitutional Reform and Governance Act 2010;
(b) the offices of Chairman of Ways and Means and Deputy Chairman of Ways and Means."
Parliamentary and other Pensions Act 1987 (c. 45)(b) section 2(1) to (8) and (10),
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