2 Pensions Increase (Civil Service Injury
Benefits Scheme) Regulations 2004: defective drafting
Pensions Increase (Civil Service Injury Benefits
Scheme) Regulations 2004 (S.I. 2004/1711)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted.
2.2 These Regulations apply the provisions of the
Pensions (Increase) Act 1971 to any pension payable under the
Civil Service Injury Benefits Scheme. It is clear from the explanatory
memorandum laid with the instrument that the Regulations are intended
to have retrospective effect from 1 October 2002 (as permitted
by the enabling power).
2.3 Regulation 4, which is intended to have this
effect, states that "any increase of a pension payable by
virtue of these Regulations shall take effect in respect of any
pension beginning on or after 1 October 2002". This limits
the application of the Regulations to pensions which began on
or after that date, but does not apply the 1971 Act to them retrospectively.
2.4 In a memorandum printed at Appendix 2, the Treasury
agrees that the wording of regulation 4 is ambiguous, and undertakes
to substitute provisions having effect from 1 October 2002. The
Committee accordingly reports these Regulations for defective
drafting, acknowledged by the Department.
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