Legislation – Public Service Pensions and Judicial Offices Act 2022

“(c)

consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.”

“(4A)

In subsection (2)(c)—

(a)

the reference to consequential provision includes consequential provision amending any primary legislation passed before or in the same session as PSPJOA 2022 (as well as consequential provision amending any secondary legislation);

(b)

the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation).

(4B)

See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.”

“(7)

A Treasury order may amend this section so as to add, remove or vary exceptions to the requirement in subsection (5).

(8)

A Treasury order under subsection (7) is subject to the negative procedure.”

“(4A)

The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).”

“(4)

Subsection (1) may, in relation to provision contained in scheme regulations—

(a)

under any provision contained in Part 1 of PSPJOA 2022, or

(b)

under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022),

be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).”

“(6)

This section does not apply in relation to provision contained in scheme regulations that is made—

(a)

under any provision contained in Part 1 of PSPJOA 2022, or

(b)

under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).”

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;”.

“(c)

consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.”

“(4A)

In subsection (2)(c)—

(a)

the reference to consequential provision includes consequential provision amending any primary legislation made or passed before or within the period of 12 months from the date on which PSPJOA 2022 receives Royal Assent (as well as consequential provision amending any secondary legislation);

(b)

the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation).

(4B)

See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.”

“(4A)

The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).”

“(4)

Subsection (1) may, in relation to provision contained in scheme regulations—

(a)

under any provision contained in Part 1 of PSPJOA 2022, or

(b)

under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022),

be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).”

“(6)

This section does not apply in relation to provision contained in scheme regulations that is made—

(a)

under any provision contained in Part 1 of PSPJOA 2022, or

(b)

under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).”

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;”.

“(2A)

Subsection (1) does not apply to a scheme under section 1 if—

(a)

the scheme is connected with another scheme under section 1, and

(b)

a pension board is provided for under subsection (1) in scheme regulations for that other scheme.”

“(1A)

Subsection (1) does not apply to a scheme under section 1 if—

(a)

the scheme is connected with another scheme under section 1, and

(b)

actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.”

“12ASections 11 and 12: restricted schemes

(1)

Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies.

(2)

Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies.

(3)

This section applies to a scheme under section 1 which—

(a)

is a restricted scheme, and

(b)

is specified for the purposes of this section in Treasury regulations.

(4)

For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any enactment restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time.

(5)

Treasury regulations under this section may include consequential or supplementary provision.

(6)

Treasury regulations under this section are subject to the negative Commons procedure.”

“(1A)

Subsection (1) does not apply to a scheme under section 1 if—

(a)

the scheme is connected with another scheme under section 1, and

(b)

actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.”

“12ASections 11 and 12: restricted schemes

(1)

Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies.

(2)

Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies.

(3)

This section applies to a scheme under section 1 which—

(a)

is a restricted scheme, and

(b)

is specified for the purposes of this section in regulations made by the Department of Finance.

(4)

For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any statutory provision restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time.

(5)

Regulations made by the Department of Finance under this section may include consequential or supplementary provision.

(6)

Regulations made by the Department of Finance under this section are subject to negative resolution.”

““statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;”.

“25AExtension of schemes where definition of “the judiciary” expanded

(1)

Subsection (2) applies where—

(a)

scheme regulations come into force establishing a scheme under section 1 for the judiciary, and

(b)

subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “the judiciary”).

(2)

Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force.

(3)

This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).”

“(2)

An order under sub-paragraph (1) that specifies a devolved office in or as regards Scotland or Northern Ireland may only be made at the request of the relevant national authority.

(3)

In sub-paragraph (2), “relevant national authority” means—

(a)

in relation to a devolved office within paragraph (a) of the definition of “devolved office” in section 37, the Department of Justice in Northern Ireland;

(b)

in relation to a devolved office within paragraph (b) of the definition of “devolved office” in section 37, the Scottish Ministers.

(4)

An order under sub-paragraph (1) is subject to the negative procedure.”

“25AExtension of schemes where definition of “the judiciary” expanded

(1)

Subsection (2) applies where—

(a)

scheme regulations come into force establishing a scheme under section 1 for holders of judicial office, and

(b)

subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “holders of judicial office”).

(2)

Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force.

(3)

This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).”

“(a)

persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and

(b)

persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).”

“(3)

For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account.

(4)

In this section—

“occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act 2015) that is an occupational pension scheme within the meaning of the Pension Schemes Act 1993 (see section 1 of that Act);

“partnership pension account”, in relation to a person in service in an employment or office, means—

(a)

a stakeholder pension scheme,

(b)

a personal pension scheme, or

(c)

an occupational defined contributions scheme,

to which the person’s employer is paying contributions;

“personal pension scheme” has the same meaning as in the Pension Schemes Act 1993 (see section 1 of that Act);

“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 of the Welfare Reform and Pensions Act 1999 (see section 1 of that Act).”

“(a)

persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and

(b)

persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).”

“(3)

For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account.

(4)

In this section—

“occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act (Northern Ireland) 2016) that is an occupational pension scheme within the meaning of Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act);

“partnership pension account”, in relation to a person in service in an employment or office, means—

(a)

a stakeholder pension scheme,

(b)

a personal pension scheme, or

(c)

an occupational defined contributions scheme,

to which the person’s employer is paying contributions;

“personal pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act);

“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 2 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (see Article 3 of that Order).”