Public Service Pensions Act (Northern Ireland) 2014

SCHEDULES

Section 1(3).

SCHEDULE 1 N.I. Persons in public service: definitions

Civil servants N.I.

1.  In this Act, “ civil servants” means persons employed in the civil service of Northern Ireland. N.I.

Commencement Information

I1 Sch. 1 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Holders of judicial office N.I.

2.—(1) In this Act, “ holders of judicial office” means holders of an office specified in an order made by the Department of Justice. N.I.

(2) An order under this paragraph is subject to negative resolution.

Commencement Information

I2 Sch. 1 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Local government workers N.I.

3.—(1) In this Act, “ local government workers” means persons employed in local government service and specified in scheme regulations. N.I.

(2) In this paragraph, “local government service” means service specified in scheme regulations.

Commencement Information

I3 Sch. 1 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Teachers N.I.

4.  In this Act, “ teachers” includes persons who are employed otherwise than as teachers— N.I.

(a) in a capacity connected with education which to a substantial extent involves the control or supervision of teachers, or

(b) in employment which involves the performance of duties in connection with the provision of education or services ancillary to education,

and who are specified in scheme regulations.

Commencement Information

I4 Sch. 1 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Health service workers N.I.

5.—(1) In this Act, “ health service workers” means persons engaged in health services and specified in scheme regulations. N.I.

(2) In this paragraph, “health services” means services specified in scheme regulations.

Commencement Information

I5 Sch. 1 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Fire and rescue workers N.I.

6.  In this Act, “ fire and rescue workers” means persons employed by the Northern Ireland Fire and Rescue Service Board. N.I.

Commencement Information

I6 Sch. 1 para. 6 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Members of the police service N.I.

7.  In this Act “ members of the police service” means— N.I.

(a) police officers, police trainees and police reserve trainees within the meaning of section 77 of the Police (Northern Ireland) Act 2000, and

(b) police cadets appointed under section 42 of that Act.

Commencement Information

I7 Sch. 1 para. 7 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(a)

Section 2(1).

SCHEDULE 2 N.I. Responsible authorities

Civil servants N.I.

1.  Scheme regulations for civil servants may be made by the Department of Finance and Personnel. N.I.

Commencement Information

I8 Sch. 2 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Holders of judicial office N.I.

2.  Scheme regulations for holders of judicial office may be made by the Department of Justice. N.I.

Commencement Information

I9 Sch. 2 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Local government workers N.I.

3.  Scheme regulations for local government workers may be made by the Department of the Environment. N.I.

Modifications etc. (not altering text)

C1 Sch. 2 para. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))

Commencement Information

I10 Sch. 2 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Teachers N.I.

4.  Scheme regulations for teachers may be made by the Department of Education. N.I.

Commencement Information

I11 Sch. 2 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Health service workers N.I.

5.  Scheme regulations for health service workers may be made by the Department of Health, Social Services and Public Safety. N.I.

Commencement Information

I12 Sch. 2 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Fire and rescue workers N.I.

6.  Scheme regulations for fire and rescue workers may be made by the Department of Health, Social Services and Public Safety. N.I.

Commencement Information

I13 Sch. 2 para. 6 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Members of the police service N.I.

7.  Scheme regulations for members of the police service may be made by the Department of Justice. N.I.

Commencement Information

I14 Sch. 2 para. 7 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(b)

Section 3(2)(a).

SCHEDULE 3 N.I. Scope of scheme regulations: supplementary matters

1.  Eligibility and admission to membership. N.I.

This includes—

(a) specifying who, of the persons in relation to whom the scheme regulations may be made, is eligible for membership;

(b) conditions of eligibility.

Commencement Information

I15 Sch. 3 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

2.  The benefits which must or may be paid under the scheme. N.I.

Those benefits may include—

(a) pensions and other benefits on leaving service to which the scheme relates (whether before, at or after normal pension age);

(b) benefits payable on death (in service or otherwise);

(c) compensation payments (including for death, injury or redundancy);

(d) discretionary payments and concessions.

Commencement Information

I16 Sch. 3 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

3.  The persons to whom benefits under the scheme are payable. N.I.

Those persons may include—

(a) active, deferred and pensioner members of the scheme;

(b) pension credit members of the scheme;

(c) widows, widowers, surviving civil partners and surviving dependants.

Commencement Information

I17 Sch. 3 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

4.  The conditions subject to which benefits are payable. N.I.

Commencement Information

I18 Sch. 3 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

5.  The assignment of benefits, including restrictions on assignment. N.I.

Commencement Information

I19 Sch. 3 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

6.  The forfeiture or suspension of benefits. N.I.

Commencement Information

I20 Sch. 3 para. 6 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

7.  The recovery of overpaid benefits. N.I.

Commencement Information

I21 Sch. 3 para. 7 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

8.  The exclusion of double recovery of compensation or damages. N.I.

This includes—

(a) exclusion or modification of rights to compensation or damages in respect of any matter in a case where benefits are paid under the scheme in respect of the same matter;

(b) exclusion or modification of rights to benefits under the scheme where compensation or damages are received in respect of the same matter from another source.

Commencement Information

I22 Sch. 3 para. 8 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

9.  Contributions, including— N.I.

(a) the making of contributions by employers and members;

(b) contribution rates;

(c) interest on late payment of contributions;

(d) the return of contributions (with or without interest).

Commencement Information

I23 Sch. 3 para. 9 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

10.  The payment or receipt of transfer values or other lump sum payments for the purpose of creating or restoring rights to benefits (under the scheme or otherwise). N.I.

Commencement Information

I24 Sch. 3 para. 10 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

11.  Pension funds (for schemes which have them). N.I.

This includes the administration, management and winding-up of any pension funds.

Commencement Information

I25 Sch. 3 para. 11 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

12.  The administration and management of the scheme, including— N.I.

(a) the giving of guidance or directions by the responsible authority to the scheme manager (where those persons are different);

(b) the person by whom benefits under the scheme are to be provided;

(c) the provision or publication of information about the scheme.

Commencement Information

I26 Sch. 3 para. 12 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

13.  The delegation of functions under scheme regulations, including— N.I.

(a) delegation of functions by the scheme manager or responsible authority;

(b) further delegation of functions by any delegatee.

Commencement Information

I27 Sch. 3 para. 13 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

14.  The payment by an employer of— N.I.

(a) any costs relating to the administration of the scheme;

(b) any costs incurred because of a failure by the employer to comply with the employer's obligations under the scheme;

(c) interest relating to payments to be made by virtue of this paragraph.

Commencement Information

I28 Sch. 3 para. 14 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

15.  The resolution of disputes and appeals (including the referral to a court of law of questions of law which under the scheme fall to be determined by the responsible authority). N.I.

Commencement Information

I29 Sch. 3 para. 15 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)

Section 17(1).

SCHEDULE 4 N.I. Regulatory oversight

1.  The Pensions (Northern Ireland) Order 2005 is amended as follows. N.I.

Commencement Information

I30 Sch. 4 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 4(e)

2.—(1) Article 2 (general interpretation) is amended as follows. N.I.

(2) In paragraph (2), after the definition of “occupational pension scheme” insert—

““pension board” has the same meaning as in the Public Service Pensions Act (Northern Ireland) 2014 (see section 5 of that Act);”.

(3) After the definition of “professional adviser” in that paragraph insert—

““public service pension scheme” means, subject to paragraph (6A)—

(a) a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 (new public service schemes);

(b) a new public body pension scheme (within the meaning of that Act);

(c) any statutory pension scheme which is connected with a scheme referred to in paragraph (a) or (b) (and for this purpose “statutory pension scheme” and “connected” have the meanings given in that Act);”.

(4) After the definition of “the Regulator” in that paragraph insert—

““scheme manager”, in relation to a public service pension scheme, has the same meaning as in the Public Service Pensions Act (Northern Ireland) 2014 (see section 4 of that Act);”.

(5) After paragraph (6) insert—

“(6A) A scheme which would otherwise fall within the definition of “public service pension scheme” in paragraph (2) does not fall within that definition if—

(a) it is an injury or compensation scheme (within the meaning of the Public Service Pensions Act (Northern Ireland) 2014), or

(b) it is specified in an order made by the Department after consulting the Department of Finance and Personnel.”.

Commencement Information

I31 Sch. 4 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 4(e)

3.—(1) Article 9 (improvement notices) is amended as follows. N.I.

(2) In paragraph (3)(a), after “85” insert “ or 85A ”.

(3) In paragraph (7)—

(a) in sub-paragraph (c), the final “or” is repealed;

(b) at the end insert

“or

(e) section 5(5) (pension board: conflicts of interest), 6 (pension board: information), 14 (information about benefits) or 16 (records) of the Public Service Pensions Act (Northern Ireland) 2014.”.

Commencement Information

I32 Sch. 4 para. 3 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

4.  After Article 10 insert— N.I.

“Appointment of skilled person to assist public service pension scheme N.I.

10A.— (1) 10A.—(1) The Regulator may, if it considers it desirable for the purpose of ensuring compliance with pensions legislation, appoint a person to assist the pension board of a public service pension scheme in the discharge of its functions.

(2) A person appointed under this Article may be any person appearing to the Regulator to have the necessary skills.

(3) The pension board of a public service pension scheme must have regard to the advice of a person appointed under this Article.

(4) The costs of a person appointed under this Article are to be met by the scheme manager of the scheme.

(5) In paragraph (1) “pensions legislation” has the same meaning as in Article 9.”.

Commencement Information

I33 Sch. 4 para. 4 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

5.—(1) In Article 13 (power of the Regulator to recover unpaid contributions), paragraph (3) is amended as follows. N.I.

(2) In the definition of “due date”—

(a) in paragraph (b), the final “and” is repealed;

(b) after paragraph (c) insert

“and

(d) in relation to employer contributions payable under a public service pension scheme, the date on which the contributions are due under the scheme;”.

(3) In the definition of “employer contribution”—

(a) in paragraph (a)—

(i) after “occupational pension scheme” insert “ other than a public service pension scheme ”;

(ii) the final “and” is repealed;

(b) after paragraph (b) insert

“and

(c) in relation to a public service pension scheme, means any contributions payable under the scheme by the employer.”.

Commencement Information

I34 Sch. 4 para. 5 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

6.  In Article 65 (duty to report breaches of the law), in paragraph (1)— N.I.

(a) after sub-paragraph (a) insert—

“(aa) a member of the pension board of a public service pension scheme;”;

(b) in sub-paragraph (b), for “such a scheme” substitute “ an occupational or personal pension scheme ”.

Commencement Information

I35 Sch. 4 para. 6 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

7.  After Article 65 insert— N.I.

“Reporting late payment of employer contributions N.I.

Duty to report late payment of employer contributions N.I.

65A.— (1) Where—

(a) any amount payable under a public service pension scheme by or on behalf of an employer in relation to the scheme by way of contributions is not paid on or before the date on which it is due under the scheme, and

(b) the scheme manager has reasonable cause to believe that the failure is likely to be of material significance to the Regulator in the exercise of any of its functions,

the scheme manager must give a written report of the matter to the Regulator as soon as reasonably practicable.

(2) Subject to Article 283 (protected items), no duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a written report under this Article.

(3) Article 10 of the 1995 Order (civil penalties) applies to any person who, without reasonable excuse, fails to comply with an obligation imposed on him by this Article.”.

Commencement Information

I36 Sch. 4 para. 7 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

8.—(1) Article 66 (reports by skilled persons) is amended as follows. N.I.

(2) In paragraph (1)—

(a) in sub-paragraph (b), the final “or” is repealed;

(b) after sub-paragraph (b) insert—

“(ba) in the case of a work-based scheme which is a public service pension scheme, a member of the pension board of the scheme, or”;

(c) in sub-paragraph (c), for “such a scheme” substitute “ a work-based pension scheme ”.

Commencement Information

I37 Sch. 4 para. 8 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

9.  In Article 67 (provision of information), in paragraph (2), after sub-paragraph (a) insert— N.I.

“(aa) a member of the pension board of a public service pension scheme,”.

Commencement Information

I38 Sch. 4 para. 9 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

10.  In Article 68 (inspection of premises), in paragraph (2)— N.I.

(a) after sub-paragraph (d) insert—

“(da) section 16 of the Public Service Pensions Act (Northern Ireland) 2014;”,

(b) in sub-paragraph (e), for “(d)” substitute “ (da) ”.

Commencement Information

I39 Sch. 4 para. 10 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

11.  In Article 84 (reports), at the end insert— N.I.

“(4) Before making a report under this Article which relates to a public service pension scheme, the Regulator must notify the scheme manager.”.

Commencement Information

I40 Sch. 4 para. 11 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

12.  After Article 84 insert— N.I.

“Reports about misappropriation, etc. in public service pension schemes N.I.

84A.— (1) If the Regulator has reasonable grounds to suspect or believe that a member of the pension board of a public service pension scheme—

(a) has misappropriated any assets of the scheme or is likely to do so, or

(b) has a conflict of interest in relation to investment of assets of the scheme,

the Regulator must report the matter to the scheme manager.

(2) For the purposes of the law of defamation, the reporting of any matter by the Regulator under paragraph (1) is privileged unless the reporting is shown to be made with malice.

(3) For the purposes of paragraph (1)(b) a person does not have a conflict of interest in relation to investment of assets merely by virtue of membership of the scheme.”.

Commencement Information

I41 Sch. 4 para. 12 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

13.—(1) Article 85 (codes of practice) is amended as follows. N.I.

(2) In paragraph (4), after “provision of a code of practice” insert “ issued under this Article ”.

(3) In paragraph (7), at the end insert “ under this Article ”.

(4) At the end of the Article insert—

“(8) The Regulator may not issue codes of practice under this Article in relation to a public service pension scheme (but see Article 85A).”.

Commencement Information

I42 Sch. 4 para. 13 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

14.  After Article 85 insert— N.I.

“Codes of practice: public service pension schemes N.I.

85A.— (1) The Regulator may, in relation to public service pension schemes, issue codes of practice—

(a) containing practical guidance in relation to the exercise of functions under relevant pensions legislation, and

(b) regarding the standards of conduct and practice expected from those who exercise such functions.

(2) The Regulator must issue one or more such codes of practice relating to the following matters—

(a) the discharge of the duties imposed by Articles 65 and 65A (duties to report breaches of the law and late payment of employer contributions);

(b) the obligations imposed by Article 225A (requirements for knowledge and understanding: pension boards of public service pension schemes);

(c) the discharge of the duty imposed by Article 226B (internal controls);

(d) the discharge of duties imposed under section 109 of the Pension Schemes Act (disclosure of information to members);

(e) the discharge of the duty imposed by Article 49(9)(b) of the 1995 Order (duty of trustees or managers of occupational pension schemes to report material failures by employers to pay contributions deducted from employee's earnings timeously);

(f) the discharge of the duty imposed by Article 50 of the 1995 Order (internal dispute resolution);

(g) the discharge of duties imposed under section 5(5) of the Public Service Pensions Act (Northern Ireland) 2014 (pension board: conflicts of interest and representation) and other duties relating to conflicts of interest;

(h) the discharge of duties imposed by virtue of section 6 (pension board: information) of that Act and other duties relating to the publication of information about governance and administration;

(i) the discharge of duties imposed under section 14 of that Act (information about benefits);

(j) the discharge of duties imposed under section 16 (records) of that Act and other duties relating to record-keeping;

(k) such other matters as may be prescribed for the purposes of this Article.

(3) The Regulator may from time to time revise the whole or any part of a code of practice issued under this Article and issue that revised code.

(4) Subject to Article 9(3)(a) and (8) (power for improvement notice to direct that person complies with code of practice and civil penalties for failure to comply), a failure on the part of any person to observe any provision of a code of practice issued under this Article does not of itself render that person liable to any legal proceedings.

(5) A code of practice issued under this Article is admissible in evidence in any legal proceedings (within the meaning of Article 85) and, if any provision of such a code appears to the court or tribunal concerned to be relevant to any question arising in the proceedings, it must be taken into account in determining that question.

(6) A code of practice issued under this Article may be—

(a) combined with a code of practice issued under Article 85;

(b) combined with one or more other codes of practice issued under this Article.

(7) A code of practice issued under this Article may relate to all public service pension schemes or any one or more of them.

(8) In this Article, “relevant pensions legislation” means—

(a) the statutory provisions constituting “pensions legislation” within the meaning of Article 85, and

(b) sections 5(5) (pension board: conflicts of interest and representation), 6 (pension board: information), 14 (information about benefits) and 16 (records) of the Public Service Pensions Act (Northern Ireland) 2014.

(9) Articles 86 and 87 make provision about the procedure to be followed when a code of practice is issued or revoked under this Article.”.

Commencement Information

I43 Sch. 4 para. 14 in operation at 28.4.2014 by S.R. 2014/123, art. 4(e)

15.—(1) Article 86 (procedure for codes) is amended as follows. N.I.

(2) In paragraph (1), after “code of practice” insert “ under Article 85 or 85A ”.

(3) In paragraphs (4)(a) and (9), after “85” insert “ or 85A ”.

Commencement Information

I44 Sch. 4 para. 15 in operation at 28.4.2014 by S.R. 2014/123, art. 4(e)

16.  In Article 87 (revocation of codes), in paragraph (1), after “code of practice” insert “ under Article 85 or 85A ”. N.I.

Commencement Information

I45 Sch. 4 para. 16 in operation at 28.4.2014 by S.R. 2014/123, art. 4(e)

17.  In Article 88 (procedure for regulatory functions), in paragraph (2), after sub-paragraph (b) insert— N.I.

“(ba) the power to appoint a skilled person in relation to a public service pension scheme under Article 10A,”.

Commencement Information

I46 Sch. 4 para. 17 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

18.  In Article 138 (requirement to wind up schemes with sufficient assets), in paragraph (14), after “public service pension scheme” insert “ (within the meaning of the Pension Schemes Act) ”. N.I.

Commencement Information

I47 Sch. 4 para. 18 in operation at 28.4.2014 by S.R. 2014/123, art. 4(e)

19.  After Article 225 insert— N.I.

“Requirement for knowledge and understanding: pension boards of public service pension schemes N.I.

225A.— (1) This Article applies to every individual who is a member of the pension board of a public service pension scheme.

(2) An individual to whom this Article applies must be conversant with—

(a) the rules of the scheme, and

(b) any document recording policy about the administration of the scheme which is for the time being adopted in relation to the scheme.

(3) An individual to whom this Article applies must have knowledge and understanding of—

(a) the law relating to pensions, and

(b) such other matters as may be prescribed.

(4) The degree of knowledge and understanding required by paragraph (3) is that appropriate for the purposes of enabling the individual properly to exercise the functions of a member of the pension board.”.

Commencement Information

I48 Sch. 4 para. 19 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

20.  In Article 226A (requirement for internal controls), in paragraph (3)— N.I.

(a) before sub-paragraph (a) insert—

“(za) a public service pension scheme;”;

(b) in sub-paragraph (a) for “a scheme” substitute “ any other scheme ”.

Commencement Information

I49 Sch. 4 para. 20 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

21.  After Article 226A insert— N.I.

“Requirement for internal controls: public service pension schemes N.I.

226B.— (1) The scheme manager of a public service pension scheme must establish and operate internal controls which are adequate for the purpose of securing that the scheme is administered and managed—

(a) in accordance with the scheme rules, and

(b) in accordance with the requirements of the law.

(2) Nothing in this Article affects any other obligations of the scheme manager to establish or operate internal controls, whether imposed by or by virtue of any statutory provision, the scheme rules or otherwise.

(3) In this Article “internal controls” has the same meaning as in Article 226A.”.

Commencement Information

I50 Sch. 4 para. 21 in operation at 1.4.2015 by S.R. 2015/3, art. 4(1)(b) (with art. 4(2))

Section 18.

SCHEDULE 5 N.I. Existing pension schemes

Civil servants N.I.

1.  A scheme under Article 3 of the Superannuation Order. N.I.

Exceptions: injury benefits and compensation benefits

Commencement Information

I51 Sch. 5 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Holders of judicial office N.I.

2.  A scheme constituted by or made under any provision of Part 1 or section 19 of the Judicial Pensions and Retirement Act 1993 so far as relating to payment of pension benefits to or in respect of— N.I.

(a) the President of appeals tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order, or a member of a panel constituted under Article 7(1) of that Order who is appointed to serve as a member of that panel and is a barrister or solicitor;

(b) the President or Vice-President of the Industrial Tribunals and the Fair Employment Tribunal, appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998;

[F1 [F2 ( ba) a member of a panel of employment judges appointed in accordance with regulation 7(1)(a) of the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020;]

(bb) a member of a panel of chairmen appointed under Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998]

(c) the President or other member of the Lands Tribunal.

Textual Amendments

F1 Sch. 5 para. 2(ba)(bb) inserted (28.2.2015) by The Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. 2015/76), reg. 1(2), Sch. 3 para. 12(2)

F2 Sch. 5 para. 2(ba) substituted (27.1.2020) by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020 (S.R. 2020/3), reg. 1(2), Sch. 4 Pt. 2 para. 10

Commencement Information

I52 Sch. 5 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Local government workers N.I.

3.  Regulations under Article 9 of the Superannuation Order. N.I.

Exception: injury benefits

Commencement Information

I53 Sch. 5 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Teachers N.I.

4.  Regulations under Article 11 of the Superannuation Order. N.I.

Exception: injury benefits

Commencement Information

I54 Sch. 5 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Health service workers N.I.

5.  Regulations under Article 12 of the Superannuation Order. N.I.

Exception: injury benefits

Commencement Information

I55 Sch. 5 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Fire and rescue workers N.I.

6.  An order under Article 10 of the Fire Services (Northern Ireland) Order 1984 (continued by Article 60 of the Fire and Rescue Services (Northern Ireland) Order 2006). N.I.

Exceptions: injury benefits and compensation benefits

Commencement Information

I56 Sch. 5 para. 6 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Members of the police service N.I.

7.  A scheme under section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998. N.I.

Exception: injury benefits

Commencement Information

I57 Sch. 5 para. 7 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(i)

Section 19.

SCHEDULE 6 N.I. Existing injury and compensation schemes

Civil servants N.I.

1.  A scheme under Article 3 of the Superannuation Order. N.I.

Specified benefits: injury benefits and compensation benefits

Commencement Information

I58 Sch. 6 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

Local government workers N.I.

2.  Regulations under Article 9 of the Superannuation Order. N.I.

Specified benefits: injury benefits

Commencement Information

I59 Sch. 6 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

Teachers N.I.

3.  Regulations under Article 11 of the Superannuation Order. N.I.

Specified benefits: injury benefits

Commencement Information

I60 Sch. 6 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

Health service workers N.I.

4.  Regulations under Article 12 of the Superannuation Order. N.I.

Specified benefits: injury benefits

Commencement Information

I61 Sch. 6 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

Fire and rescue workers N.I.

5.  Article 10 of the Fire Services (Northern Ireland) Order 1984. N.I.

Specified benefits: injury benefits and compensation benefits

Commencement Information

I62 Sch. 6 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

Members of the police service N.I.

6.  A scheme under section 25(2) or 26(2) of the Police (Northern Ireland) Act 1998. N.I.

Specified benefits: injury benefits

Commencement Information

I63 Sch. 6 para. 6 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

Compensation schemes for loss of office, etc. N.I.

7.  Regulations under Article 19 of the Superannuation Order. N.I.

Commencement Information

I64 Sch. 6 para. 7 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(j)

32.

SCHEDULE 7 N.I. Final salary link

Modifications etc. (not altering text)

C2 Sch. 7 restricted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 16

Persons who remain in an old scheme for past service N.I.

1.—(1) This paragraph applies in a case where— N.I.

(a) a person is a member of an existing scheme to which section 18(1) applies or a scheme to which section 32(2) applies (the “old scheme”) by virtue of his or her pensionable service for that scheme (“the old scheme service”), and

(b) the person is also a member of a scheme under section 1 or a new public body pension scheme (“the new scheme”) by virtue of his or her pensionable service for that scheme (“the new scheme service”).

(2) If, in a case where this paragraph applies—

(a) the old scheme service and the new scheme service are continuous, and

(b) the person's employer in relation to the old scheme service is the person's employer in relation to the new scheme service (or any other employer in relation to the new scheme),

then, in determining the person's final salary for any purpose of the old scheme—

(i) the old scheme service is to be regarded as having ended when the new scheme service ended, and

(ii) such earnings as scheme regulations for the new scheme may specify, being earnings derived by the person from the new scheme, are to be regarded as derived from the old scheme service (subject to sub-paragraph (3)).

(3) The amount of the earnings that are to be regarded as derived from the old scheme service must not be materially less than the amount of the earnings that would have been the person's pensionable earnings derived from that service had the new scheme service been old scheme service.

Commencement Information

I65 Sch. 7 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(k)

Persons whose benefits under an old scheme are transferred to another closed scheme N.I.

2.—(1) This paragraph applies in a case where— N.I.

(a) a person has been a member of an existing scheme to which section 18(1) applies or a scheme to which section 32(2) applies (“the old scheme”) by virtue of his or her pensionable service for that scheme (“the old scheme service”),

(b) the person is also a member of a scheme under section 1 or a new public body pension scheme (“the new scheme”) by virtue of his or her pensionable service for that scheme (“the new scheme service”),

(c) the person's rights to benefit under the old scheme have been transferred after the date referred to in section 18(1) or section 32(2) to an existing scheme to which section 18(1) applies or a scheme to which section 32(2) applies (“the transfer scheme”), and

(d) the old scheme service is treated, by virtue of that transfer, as pensionable service of the person for the transfer scheme (“the deemed transfer scheme service”).

(2) If, in a case where this paragraph applies—

(a) the deemed transfer scheme service and the new scheme service are continuous, and

(b) the person's employer in relation to the new scheme service is an employer in relation to the transfer scheme,

then, in determining the person's final salary for any purpose of the transfer scheme—

(i) the deemed transfer scheme service is to be regarded as having ended when the new scheme service ended, and

(ii) such earnings as scheme regulations for the new scheme may specify, being earnings derived by the person from the new scheme service, are to be regarded as derived from the deemed transfer scheme service (subject to sub-paragraph (3)).

(3) The amount of the earnings that are to be regarded as derived from the deemed transfer scheme service must not be materially less than the amount of the earnings that would have been the person's pensionable earnings derived from that service had the new scheme service been deemed transfer scheme service.

(4) In sub-paragraph (1)(c), the reference to a transfer of rights to benefit includes the making of a transfer payment in respect of such rights.

Commencement Information

I66 Sch. 7 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(k)

Continuity of employment N.I.

3.—(1) For the purposes of paragraphs 1(2)(a) and 2(2)(a), there are to be disregarded— N.I.

(a) any gap in service where the person was in pensionable public service;

(b) a single gap of service where the person was not in pensionable public service, if that gap does not exceed 5 years;

(c) two or more gaps in service where the person was not in pensionable public service, if none of the gaps exceeds 5 years.

(2) In this paragraph, “pensionable public service” means service which is pensionable service in relation to—

(a) a scheme under section 1, or

(b) a new public body pension scheme.

Commencement Information

I67 Sch. 7 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(k)

Movement between new schemes N.I.

4.  Where the condition in sub-paragraph (1)(b) of paragraph 1 or 2 applies by virtue of periods of pensionable service for two or more different schemes— N.I.

(a) identify the last period of pensionable service by virtue of which that paragraph applies and the scheme to which that service relates, and

(b) disregard, for the purposes of that sub-paragraph, periods of pensionable service relating to other schemes.

Commencement Information

I68 Sch. 7 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(k)

Final salary link not to apply again to a pension in payment N.I.

5.—(1) Scheme regulations may provide that where a pension in payment under a scheme to which section 18(1) or 32(2) applies has been calculated by reference to this Schedule, the pension cannot be recalculated by reference to this Schedule where there is a subsequent period of pensionable public service (within the meaning of paragraph 3). N.I.

(2) Provision made under sub-paragraph (1) may in particular be made by amending the scheme under which the pension is in payment.

Commencement Information

I69 Sch. 7 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(k)

Section 27.

SCHEDULE 8 N.I. Consequential and minor amendments

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29) N.I.

1.  In section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (terms of appointment and remuneration, etc., of members), for subsection (5A) substitute— N.I.

“(5A) Subsection (5), so far as relating to allowances and gratuities by way of superannuation, shall not have effect in relation to persons—

(a) to whom Part 1 of the Judicial Pensions and Retirement Act 1993 applies, or

(b) to whom a pension is payable under a scheme made by the Department of Justice under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1 (2)(b) (holders of judicial office),

except to the extent provided by or under those Acts.”.

Commencement Information

I70 Sch. 8 para. 1 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Pensions (Increase) Act (Northern Ireland) 1971 (c. 35) N.I.

2.  After section 8 of the Pensions (Increase) Act (Northern Ireland) 1971 insert— N.I.

“8A.    Section 8(2): references to “service”

(1) In a case where—

(a) paragraph 1 or 2 of Schedule 7 to the 2014 Act (final salary link for persons who remain in old scheme for past service) applies in relation to a person, and

(b) the person's final salary falls to be determined by reference to that paragraph,

references in section 8(2) above to the service in respect of which a pension is payable include the person's new scheme service (within the meaning of Schedule 7 to the 2014 Act).

(2) In a case where—

(a) a person is a member of a relevant old scheme by virtue of pensionable service for that scheme (“the relevant old scheme service”),

(b) the person is also a member of a scheme under section 1 of the 2014 Act or a new public body pension scheme (“the new scheme”) by virtue of pensionable service for that scheme (“the new scheme service”),

(c) the relevant old scheme service and the new scheme service are continuous, and

(d) the person's employer in relation to the relevant old scheme service is the person's employer in relation to the new scheme service (or any other employer in relation to the new scheme),

references in section 8(2) above to the service in respect of which a pension is payable include the person's new scheme service.

(3) In this section—

(a) “relevant old scheme” means a career average revalued earnings scheme (within the meaning of the 2014 Act) to which section 18(1) or 32(2) of that Act applies (restriction of benefits under existing schemes);

(b) “employer”, “new public body pension scheme” and “pensionable service” have the same meanings as in that Act.

(4) For the purposes of subsection (2)—

(a) paragraphs 3 and 4 of Schedule 7 to the 2014 Act (continuity of employment, etc.) apply as they apply for the purposes of paragraphs 1(2) and 2(2) of that Schedule;

(b) regulations under section 1 of the 2014 Act (in the case of a new scheme under that section) or rules (in the case of a new public body pension scheme) may provide that where a pension is in payment under a relevant old scheme, references in section 8(2) above to the service in respect of which a pension is payable do not include any subsequent period of pensionable service in relation to a scheme under section 1 of the 2014 Act or a new public body pension scheme.

(5) Provision made under subsection (4)(b) may in particular be made by amending the relevant old scheme.

(6) In this section, “the 2014 Act” means the Public Service Pensions Act (Northern Ireland) 2014.”.

Commencement Information

I71 Sch. 8 para. 2 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

3.  Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971 (official pensions) is amended as follows. N.I.

Commencement Information

I72 Sch. 8 para. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

4.  After paragraph 2 insert— N.I.

“2A.   A pension payable under a scheme made by the Department of Finance and Personnel under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1(2)(a) of that Act (civil servants).”.

Commencement Information

I73 Sch. 8 para. 4 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

5.  After paragraph 3A insert— N.I.

“3B.   A pension payable by the Department of Education under a scheme made by the Department under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1(2)(d) of that Act (teachers).”.

Commencement Information

I74 Sch. 8 para. 5 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

6.  Before paragraph 6 insert— N.I.

“5A.   A pension payable by the Department of Justice under a scheme made by the Department under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1(2)(g) of that Act (members of police service).

5B.   A pension payable under a scheme made by the Department of Justice under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1(2)(b) of that Act (holders of judicial office).”.

Commencement Information

I75 Sch. 8 para. 6 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

7.  After paragraph 7A there is inserted— N.I.

“7B.   A pension payable by the Department of Health, Social Services and Public Safety under a scheme made by the Department under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1(2)(e) of that Act (health service workers).”.

Commencement Information

I76 Sch. 8 para. 7 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

8.  After paragraph 14A insert— N.I.

“14B.   A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act (Northern Ireland) 2014, made by the Department of the Environment under section 1 of that Act by virtue of section 1(2)(c) of that Act (local government workers).”.

Commencement Information

I77 Sch. 8 para. 8 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

9.  After paragraph 16 insert— N.I.

“16A.   A pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act (Northern Ireland) 2014, made by the Department of Health, Social Services and Public Safety under section 1 of that Act by virtue of section 1(2)(f) of that Act (fire and rescue workers).”.

Commencement Information

I78 Sch. 8 para. 9 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Superannuation (Northern Ireland) Order 1972 (NI 10) N.I.

10.  The Superannuation Order is amended as follows. N.I.

Commencement Information

I79 Sch. 8 para. 10 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

11.  In Article 3 (superannuation schemes as respects civil servants, etc.), after paragraph (1A) insert— N.I.

“(1B) Paragraph (1) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I80 Sch. 8 para. 11 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

12.  In Article 9 (superannuation of persons employed in local government service, etc.), after paragraph (1) insert— N.I.

“(1A) Paragraph (1) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I81 Sch. 8 para. 12 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

13.  In Article 11 (superannuation of teachers), after paragraph (1) insert— N.I.

“(1A) Paragraph (1) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I82 Sch. 8 para. 13 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

14.  In Article 12 (superannuation of persons engaged in health services, etc.), after paragraph (1) insert— N.I.

“(1A) Paragraph (1) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I83 Sch. 8 para. 14 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

15.  In Article 19 (compensation for loss of office, etc.), after paragraph (1) insert— N.I.

“(1A) Paragraph (1) is subject to section 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I84 Sch. 8 para. 15 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Fire Services (Northern Ireland) Order 1984 (NI 11) N.I.

16.  In Article 10 of the Fire Services (Northern Ireland) Order 1984 (continued by Article 60 of the Fire and Rescue Services (Northern Ireland) Order 2006 (2006 NI 9)), after paragraph (3) insert— N.I.

“(3A) Paragraphs (1) to (3) are subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I85 Sch. 8 para. 16 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Judicial Pensions and Retirement Act 1993 (c. 8) N.I.

17.  In section 1 of the Judicial Pensions and Retirement Act 1993, after subsection (1A) (as inserted by Schedule 8 to the Public Service Pensions Act 2013), insert— N.I.

“(1B) This Part is subject to section 18 of the Public Service Pensions Act (Northern Ireland) 2014 (Northern Ireland provision restricting benefits provided under existing schemes).”.

Commencement Information

I86 Sch. 8 para. 17 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

18.  In section 11 of that Act (provision against pensions under two or more judicial pension schemes), after subsection (5) (as inserted by Schedule 8 to the Public Service Pensions Act 2013), add— N.I.

“(6) This section does not prevent a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 having effect in relation to a person.”.

Commencement Information

I87 Sch. 8 para. 18 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Pension Schemes (Northern Ireland) Act 1993 (c. 49) N.I.

19.  The Pension Schemes (Northern Ireland) Act 1993 is amended as follows. N.I.

Commencement Information

I88 Sch. 8 para. 19 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

20.—(1) Section 67 (short service benefit) is amended as follows. N.I.

(2) In subsection (3), for “subsection (4)” substitute “ subsections (4) and (5A) ”.

(3) After subsection (5) insert—

“(5A) Subsection (3) does not apply in relation to a scheme under section 1 of the Public Service Pensions Act (Northern Ireland) 2014.”.

Commencement Information

I89 Sch. 8 para. 20 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

21.  In section 79 (scope of Chapter 2: revaluation of accrued benefits), after subsection (1A) insert— N.I.

“(1B) The reference in subsection (1)(a)(iii) to normal pension age is to be read, in relation to a person who is an active or deferred member of a scheme under section 1 or section 32(7) of the Public Service Pensions Act (Northern Ireland) 2014, as—

(a) the member's normal pension age within the meaning of that Act, or

(b) the member's deferred pension age within the meaning of that Act, if that is later.

In this subsection “active member” and “deferred member”, in relation to such a scheme, have the meanings given by Article 121(1) of the Pensions (Northern Ireland) Order 1995.”.

Commencement Information

I90 Sch. 8 para. 21 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Police (Northern Ireland) Act 1998 (c. 32) N.I.

22.  The Police (Northern Ireland) Act 1998 is amended as follows. N.I.

Commencement Information

I91 Sch. 8 para. 22 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

23.  In section 25 (regulations for Police Service of Northern Ireland), after subsection (2) insert— N.I.

“(2A) Subsection (2)(k) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I92 Sch. 8 para. 23 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

24.  In section 26 (regulations for reserve constables in Northern Ireland), after subsection (2) insert— N.I.

“(2A) Subsection (2)(g) is subject to sections 18 and 19 of the Public Service Pensions Act (Northern Ireland) 2014 (restrictions on benefits provided under existing schemes).”.

Commencement Information

I93 Sch. 8 para. 24 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Social Security (Northern Ireland) Order 1998 (NI 10) N.I.

25.  In Schedule 1 to the Social Security (Northern Ireland) Order 1998 (appeals tribunals: supplementary provisions), after paragraph 3 insert— N.I.

“(3A) Paragraph 2 and 3, so far as relating to pensions and allowances by way of superannuation, shall not have effect in relation to persons to whom a pension is payable under a scheme made by the Department of Justice under section 1 of the Public Service Pensions Act (Northern Ireland) 2014 by virtue of section 1(2)(b) (holders of judicial office), except to the extent provided by or under that Act.”.

Commencement Information

I94 Sch. 8 para. 25 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(r)

Section 29.

SCHEDULE 9 N.I. Existing schemes for civil servants: extension of access

1.  The Superannuation Order is amended as follows. N.I.

2.  In Article 3 (superannuation schemes as respects civil servants, etc.), after paragraph (3) insert— N.I.

“(3A) This Article also applies to persons serving in employment or in an office, not being service in employment or in an office of a kind mentioned in paragraph (3), where the employment or office is specified in a list produced for the purposes of this paragraph (see Article 3A).”.

3.  After Article 3 insert— N.I.

“List of employments and offices for purposes of Article 3 N.I.

3A.— (1) The Department may specify an employment or office in a list produced for the purposes of Article 3(3A) if paragraph (2), (3) or (4) applies in relation to the employment or office.

(2) This paragraph applies to an employment or office if—

(a) at any time on or after the commencement of this Article, the employment or office ceases to be of a kind mentioned in Article 3(3), and

(b) immediately before that time persons serving in the employment or office are, or are eligible to be, members of a scheme under Article 3 by virtue of Article 3(3).

(3) This paragraph applies to an employment or office if—

(a) at any time before the commencement of this Article, the employment or office ceased to be of a kind mentioned in Article 3(3), and

(b) at that time persons serving in the employment or office ceased to be members of a scheme under Article 3 or to be eligible for membership of such a scheme.

(4) This paragraph applies to an employment or office if—

(a) it is of a description prescribed by regulations, and

(b) the Department determines that it is appropriate for it to be specified for the purposes of Article 3(3A).

(5) The power to specify an employment or office in reliance on paragraph (4) may be exercised so as to have retrospective effect.

(6) The Department—

(a) may at any time amend a list produced under this Article, and

(b) must publish the list (and any amendments to it).

(7) The published list must comply with such requirements, and contain such information, as may be prescribed by regulations.

(8) Regulations made under this Article are subject to negative resolution.”.