Constitutional Reform and Governance Act 2010

Parliamentary and other Pensions Act 1987 (c. 45)

44 (1) The existing regulations have effect (subject to any provision in an order under section 51 of this Act)—

(a) so far as they relate to matters which could be contained in a scheme 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 they were a scheme made by the Minister under that paragraph.

(2) An order under section 51 or 52 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,

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).

(4) An order under section 51 or 52 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.

(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 51 or 52 of this Act may provide for any provision of 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—

(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 in force immediately before the date specified in an order made by a Minister of the Crown by statutory instrument.

(9) An order under sub-paragraph (8) may specify different dates for different purposes.