|
| |
|
(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 |
| 5 |
(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”. |
| 10 |
(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 |
| 15 |
| |
(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— |
| 20 |
(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— |
| 25 |
“(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 |
| |
| |
(8) | After subsection (7) insert— |
| 30 |
“(8) | A scheme made by the IPSA under this section may amend or revoke |
| |
any previous scheme made by the IPSA under this section.” |
| |
39 (1) | Section 6 (block transfer into another pension scheme) is amended as |
| |
| |
| 35 |
(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 |
| |
| |
(b) | for “the order” substitute “the direction”. |
| |
| 40 |
(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 |
| 5 |
(c) | for “order is made” substitute “direction is given”. |
| |
40 (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. |
| 10 |
(3) | In subsection (1)(d) for “an order” substitute “a direction”. |
| |
41 (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 |
| 15 |
Standards Authority;”, and |
| |
(b) | omit the definition of “the Leader of the House of Commons”. |
| |
| |
House of Commons Members’ Fund and Parliamentary Pensions Act 1981 (c. 7) |
| |
42 | In section 1 (entitlement to payments out of House of Commons Members’ |
| 20 |
| |
(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 |
| |
| |
(b) | after subsection (5) insert— |
| 25 |
| |
(a) | the offices mentioned in paragraph 16(2)(a), (b), (d) or |
| |
(e) of Schedule 7 to the Constitutional Reform and |
| |
| |
(b) | the offices of Chairman of Ways and Means and |
| 30 |
Deputy Chairman of Ways and Means.” |
| |
Parliamentary and other Pensions Act 1987 (c. 45) |
| |
| |
| |
(b) | section 2(1) to (8) and (10), |
| 35 |
| |
| |
44 (1) | The existing regulations have effect (subject to any provision in an order |
| |
under section 94 of this Act)— |
| |
(a) | so far as they relate to matters which could be contained in a scheme |
| 40 |
made by the IPSA under paragraph 8, as if they were a scheme made |
| |
by the IPSA under that paragraph, |
| |
|
| |
|
| |
|
(b) | so far as they relate to matters which could be contained in a scheme |
| |
made by the IPSA under paragraph 12, as if they were a scheme |
| |
made by the IPSA under that paragraph, and |
| |
(c) | so far as they relate to matters which could be contained in a scheme |
| |
made by the Minister for the Civil Service under paragraph 16, as if |
| 5 |
they were a scheme made by the Minister under that paragraph. |
| |
(2) | An order under section 94 or 95 of this Act may provide for any provision of |
| |
the existing regulations which— |
| |
(a) | relates to one or more of the matters listed in paragraph 8(1), but |
| |
(b) | could not be contained in a scheme under paragraph 8, |
| 10 |
| to have effect as if contained in a scheme under that paragraph. |
| |
(3) | If it does so a scheme under paragraph 8 may— |
| |
(a) | revoke the provision; |
| |
(b) | amend it so that it makes provision which may be contained in a |
| |
scheme under that paragraph (but not otherwise amend it). |
| 15 |
(4) | An order under section 94 or 95 of this Act may provide for any provision of |
| |
the existing regulations which— |
| |
(a) | relates to service as a member of the House of Commons, but |
| |
(b) | could not be contained in a scheme under paragraph 12, |
| |
| to have effect as if contained in a scheme under that paragraph. |
| 20 |
(5) | If it does so a scheme under paragraph 12 may— |
| |
(a) | revoke the provision; |
| |
(b) | amend it so that it makes provision which may be contained in a |
| |
scheme under that paragraph (but not otherwise amend it). |
| |
(6) | An order under section 94 or 95 of this Act may provide for any provision of |
| 25 |
the existing regulations which— |
| |
(a) | relates to service to which paragraph 16 applies, but |
| |
(b) | could not be contained in a scheme under that paragraph, |
| |
| to have effect as if contained in a scheme under that paragraph. |
| |
(7) | If it does so a scheme under paragraph 16 may— |
| 30 |
(a) | revoke the provision; |
| |
(b) | amend it so that it makes provision which may be contained in a |
| |
scheme under that paragraph (but not otherwise amend it). |
| |
(8) | “The existing regulations” means the regulations under section 2 of the |
| |
Parliamentary and other Pensions Act 1987 (c. 45) in force immediately |
| 35 |
before the date specified in an order made by a Minister of the Crown by |
| |
| |
(9) | An order under sub-paragraph (8) may specify different dates for different |
| |
| |
Ministerial and other Pensions and Salaries Act 1991 (c. 5) |
| 40 |
| |
|
| |
|
| |
|
Pensions Act 2004 (c. 35) |
| |
46 | In section 249A(3)(c) (schemes to which section 249A does not apply) for |
| |
“section 2 of the Parliamentary and other Pensions Act 1987 (c. 45)” |
| |
substitute “paragraph 8, 12 or 16 of Schedule 7 to the Constitutional Reform |
| |
and Governance Act 2010”. |
| 5 |
Parliamentary Standards Act 2009 (c. 13) |
| |
47 (1) | In section 5(9) (MPs’ allowances scheme does not affect pensions) for “the |
| |
Parliamentary and other Pensions Act 1987 (c. 45)” substitute “Schedule 7 to |
| |
the Constitutional Reform and Governance Act 2010”. |
| |
(2) | In paragraph 18 of Schedule 1 (IPSA’s administration and regulation |
| 10 |
functions), after sub-paragraph (2) insert— |
| |
“(3) | The IPSA’s functions under the following provisions are also |
| |
| |
(a) | sections 3, 4 and 6 of the European Parliament (Pay and |
| |
Pensions) Act 1979 (but not any function relating to the |
| 15 |
administration of a scheme under section 3 or 4); |
| |
(b) | paragraphs 2 to 5, 8, 9, 11, 12 and 15 of Schedule 7 to the |
| |
Constitutional Reform and Governance Act 2010 (but not |
| |
any function relating to the administration of a scheme |
| |
under paragraph 8 or 12).” |
| 20 |
(3) | In paragraph 29(2) of Schedule 1 (interpretation) in the definition of |
| |
“regulation functions” after “18(2)” insert “and (3)”. |
| |
48 (1) | An order under section 13 of the Parliamentary Standards Act 2009 may |
| |
make the provision mentioned in section 13(6) (provision for transfer |
| |
schemes) in connection with this Schedule (as well as in connection with that |
| 25 |
| |
(2) | But for this purpose— |
| |
(a) | the reference in section 13(6)(a) to matters dealt with by the rules is |
| |
to be treated as a reference to matters which could be dealt with by a |
| |
scheme under paragraph 8 or 12; |
| 30 |
(b) | section 13(6)(b) and (c) does not apply to property, rights and |
| |
liabilities, or documents and information, held by or on behalf of the |
| |
| |
(3) | Section 13(7) of that Act applies to a scheme made by virtue of section 13(6) |
| |
| 35 |
| |
49 (1) | This paragraph applies if, under an order under section 95, paragraph 2 |
| |
comes into force for the purpose of making an appointment under |
| |
paragraph 2(1)(a) or (b) before it comes into force for other purposes. |
| |
(2) | The reference in paragraph 2(1)(a) or (b) to the persons who are already |
| 40 |
trustees of the Fund is to the persons who are trustees of the Fund by virtue |
| |
of section 1 of the Parliamentary and other Pensions Act 1987 (c. 45). |
| |
|
| |
|
| |
|
50 (1) | In this paragraph “the transitional period” means the period of six months |
| |
beginning with the day on which paragraph 2 comes into force (other than |
| |
for the purpose of making an appointment under paragraph 2(1)(a) or (b)). |
| |
(2) | During the transitional period— |
| |
(a) | paragraph 2(1) applies as if for paragraph (c) there were |
| 5 |
| |
“(c) | the persons who (by virtue of section 1 of the |
| |
Parliamentary and other Pensions Act 1987) are the |
| |
trustees of the Fund immediately before the |
| |
beginning of the transitional period.”, and |
| 10 |
(b) | paragraph 5 applies to persons who are trustees of the Fund because |
| |
of paragraph (a) as if they were member-nominated trustees. |
| |
(3) | But if a person who is a trustee of the Fund immediately before the |
| |
beginning of the transitional period is appointed under paragraph 2(1)(a) or |
| |
(b) that person is not to be treated as being a trustee of the Fund because of |
| 15 |
| |
(4) | The trustees of the Fund must make arrangements (the “transitional |
| |
arrangements”) for 8 persons to be nominated and selected as member- |
| |
nominated trustees before the end of the transitional period. |
| |
(5) | Those persons become member-nominated trustees immediately after the |
| 20 |
end of the transitional period. |
| |
(6) | Only persons who are trustees of the Fund immediately before the |
| |
beginning of the transitional period may be nominated and selected as |
| |
member-nominated trustees under the transitional arrangements. |
| |
(7) | But if it is not possible to secure 8 member-nominated trustees from among |
| 25 |
those persons, the deficiency may be supplied by other persons. |
| |
(8) | At the end of the transitional period any persons who— |
| |
(a) | immediately before the end of that period, are trustees of the Fund |
| |
because of sub-paragraph (2)(a), but |
| |
(b) | have not been nominated and selected as member-nominated |
| 30 |
| |
| cease to be trustees of the Fund. |
| |
| |
| |
Conditions for removal of members of the House of Lords etc |
| |
| 35 |
| |
Condition 1: serious criminal offence |
| |
1 (1) | Condition 1 is met if a person— |
| |
(a) | is convicted of an offence committed after section 54 comes into |
| |
| 40 |
|
| |
|
| |
|
(b) | is sentenced or ordered to be imprisoned or detained for that offence |
| |
indefinitely or for more than one year, and |
| |
(c) | is imprisoned or detained in pursuance of that sentence or order or |
| |
would have been were the person not unlawfully at large. |
| |
(2) | This condition is met when the person is first imprisoned or detained after |
| 5 |
conviction in pursuance of the sentence or order or would have been were |
| |
the person not unlawfully at large. |
| |
(3) | The cases covered by this condition include cases in which— |
| |
(a) | a person is convicted of an offence committed outside the United |
| |
| 10 |
(b) | anything mentioned in sub-paragraph (1)(a) to (c) occurs outside the |
| |
| |
(4) | An act punishable under the law of a country or territory outside the United |
| |
Kingdom constitutes an offence for the purposes of this Schedule (however |
| |
it is described in that law). |
| 15 |
Condition 2: bankruptcy restrictions orders etc |
| |
2 | Condition 2 is met if and when— |
| |
(a) | a bankruptcy restrictions order or undertaking (but not an interim |
| |
order) under any of the following comes into force in relation to a |
| |
| 20 |
(i) | Schedule 4A to the Insolvency Act 1986 (c. 45); |
| |
(ii) | section 56A or 56G of the Bankruptcy (Scotland) Act 1985 |
| |
| |
(iii) | Schedule 2A to the Insolvency (Northern Ireland) Order 1989 |
| |
(S.I. 1989/2405 (N.I. 19)), or |
| 25 |
(b) | a debt relief restrictions order or undertaking (but not an interim |
| |
order) under Schedule 4ZB to the 1986 Act comes into force in |
| |
| |
| |
Supplementary provision for section 54(2) |
| 30 |
Supplementary provision relating to excepted hereditary peers |
| |
3 (1) | This paragraph applies if P is an excepted hereditary peer. |
| |
(2) | P is no longer excepted from section 1 of the House of Lords Act 1999 (c. 34). |
| |
(3) | If P counted towards the limit under section 2(2) of the 1999 Act, that limit is |
| |
| 35 |
Supplementary provision relating to life peers |
| |
4 (1) | This paragraph applies if P is a life peer. |
| |
(2) | P ceases to be disqualified by virtue of P’s peerage for— |
| |
(a) | voting at elections to the House of Commons, or |
| |
(b) | being, or being elected as, a member of that House. |
| 40 |
|
| |
|
| |
|
Representation of the People Act 1985 (c. 50) |
| |
5 | In relation to P, any reference in section 1(3) or (4)(b) of the Representation |
| |
of the People Act 1985 to a register of parliamentary electors is to be read as |
| |
| |
(a) | any register of local government electors in Great Britain, and |
| 5 |
(b) | any register of local electors in Northern Ireland, |
| |
| which was required to be published on any date before the relevant event |
| |
| |
| |
6 (1) | Sub-paragraph (2) applies if, after the relevant event occurs, a peerage under |
| 10 |
the Life Peerages Act 1958 (c. 21) is conferred on P. |
| |
(2) | Section 54(2) does not stop P being entitled to receive writs of summons to |
| |
attend the House of Lords by virtue of that peerage. |
| |
(3) | Sub-paragraph (4) applies if, after the relevant event occurs, P becomes the |
| |
person who is to hold the office of Earl Marshal or perform the office of Lord |
| 15 |
| |
(4) | Section 54(2) does not stop P being entitled to receive writs of summons to |
| |
attend the House of Lords by virtue of the peerage that led to P becoming |
| |
the person who is to hold or perform the office in question. |
| |
| 20 |
Reversal of effect of section 54(2) |
| |
| |
7 (1) | If the relevant event is the meeting of condition 1, P may make a claim for |
| |
the effect of section 54(2) to be reversed if— |
| |
(a) | the conviction is overturned or quashed, or |
| 25 |
(b) | as a result of a determination that P should not have been sentenced |
| |
or ordered to be imprisoned or detained for the offence indefinitely |
| |
or for more than one year, the sentence or order is changed so that |
| |
the requirements of paragraph 1(1)(b) are no longer met. |
| |
(2) | If the relevant event is the meeting of condition 2, P may make a claim for |
| 30 |
the effect of section 54(2) to be reversed if (as the case may be)— |
| |
(a) | the bankruptcy restrictions order or undertaking is annulled |
| |
| |
(i) | paragraph 9(3)(a) or 10 of Schedule 4A to the Insolvency Act |
| |
| 35 |
(ii) | section 56E(3)(a), 56G(5)(a) or 56J of the Bankruptcy |
| |
(Scotland) Act 1985 (c. 66), or |
| |
(iii) | paragraph 9(3)(a) or 10 of Schedule 2A to the Insolvency |
| |
(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), |
| |
(b) | the bankruptcy restrictions order or the debt relief restrictions order |
| 40 |
is annulled on an appeal against the making of the order, |
| |
(c) | the debt relief restrictions order or undertaking is annulled by a |
| |
direction under paragraph 10 of Schedule 4ZB to the 1986 Act, or |
| |
|
| |
|