Instruments of interest
NATIONAL HEALTH SERVICE PENSION SCHEME REGULATIONS
2008 (SI 2008/653)
NATIONAL HEALTH SERVICE PENSION SCHEME (AMENDMENT)
REGULATIONS 2008 (SI 2008/654)
NATIONAL HEALTH SERVICE PENSION SCHEME (ADDITIONAL
VOLUNTARY CONTRIBUTIONS) AND NATIONAL HEALTH SERVICE (INJURY BENEFITS
AND COMPENSATION FOR PREMATURE RETIREMENT) AMENDMENT REGULATIONS
2008 (SI 2008/655)
1. Following extensive negotiations these Regulations[1]
introduce a new pension scheme for new NHS staff employed from
1 April 2008 and amend the current pension scheme for existing
staff. The new scheme introduces a normal pension age of 65, however
the rights of existing staff, including normal pension age 60,
are protected. This scheme introduces risk sharing between employers
and employees into the NHS pension arrangements and is an important
part of the continuing reform of public service pensions. In respect
of both schemes, staff will retain final salary pension arrangements.
The regulations also enhance the flexibility of the pension scheme
and include improved benefits such as a two tier ill-health provision
and enhanced death in service provision for the beneficiary's
family.
SEX DISCRIMINATION ACT 1975 (AMENDMENT) REGULATIONS
2008 (SI 2008/656)
2. The Government Equalities Office (GEO) have
laid the Sex Discrimination Act 1975 (Amendment) Regulations 2008
(SI 2008/656), which amend the provisions of the Sex Discrimination
Act 1975 ("SDA") in relation to the definition of sex
harassment; the definition of discrimination on grounds of pregnancy
or maternity leave; and the exceptions applicable to claims of
discrimination on grounds of maternity leave. SI 2008/656 has
been made to comply with a High Court ruling that Regulations
made in 2005, in order to amend the SDA to implement the Equal
Treatment Amendment Directive (2002/73/EC), did not comply with
the requirements of European law or adequately reflect the Government's
interpretation of the domestic provisions set out in guidance.
The House may recall that, on 6 March 2008, the GEO laid the draft
Sex Discrimination (Amendment of Legislation) Regulations 2008,
which were considered in Grand Committee on 25 March. The effect
of those draft Regulations was to extend the new definition of
sex harassment provided for by SI 2008/656 to the provision of
goods, facilities, services and premises.
GREATER LONDON AUTHORITY (LIMITATION OF SALARIES)
(AMENDMENT) ORDER 2008 (SI 2008/724).
3. The Department for Communities and Local Government
(DCLG) have laid the Greater London Authority (Limitation of Salaries)
(Amendment) Order 2008 (SI 2008/724). Currently, the salary payable
to the Mayor of London or an Assembly member of the Greater London
Authority is abated by one-third if a salary is also payable to
that person by virtue of membership of either House of Parliament
or of the European Parliament. The Order increases the abatement
from one-third to two-thirds of the salary in relation to a term
of office (as the Mayor or an Assembly member) which begins on
or after 1 May 2008. DCLG have said that the Government originally
proposed this increased abatement in July 2006, but decided to
wait until after Royal Assent was given to the Greater London
Authority Act 2007 before proceeding with the Order. Further information
received from the Department is printed at the Appendix.
CIVIL ENFORCEMENT OF PARKING CONTRAVENTIONS (PENALTY
CHARGE NOTICES, ENFORCEMENT AND ADJUDICATION) (WALES) (AMENDMENT)
REGULATIONS 2008 (SI 2008/913)
4. These regulations correct a discrepancy noted
by a Committee member in the operative dates set out in Schedule
1 of the Civil Enforcement of Parking Contraventions (Penalty
Charge Notices, Enforcement and Adjudication) (Wales) Regulations
2008 (SI 2008/609). As originally drafted the instrument treated
those receiving penalties direct (eg affixed to their windscreen)
more favourably than those receiving them through the post (eg
from a speed camera) which was not the policy intention.
1 See also National Health Service Pension Scheme (Correction
to Amendment) Regulations 2008 (SI 2008/906) Back
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