The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008

Statutory Instruments

2008 No. 1891

Pensions

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008

Made

16th July 2008

Laid before Parliament

22nd July 2008

Coming into force

1st September 2008

The Minister for the Civil Service in exercise of the powers conferred by section 1(5)(a), (b) and (c) and 1(8)(a) of the Superannuation Act 1972(1) and now vested in that Minister(2) makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008 and shall come into force on 1^st September 2008, but shall have effect, as appropriate, from the dates specified in this Order.

(2) In this Order—

“the Act” means the Superannuation Act 1972.

Employments

2.—(1) Section 1 of the Act shall apply to the following employments with effect from the dates specified below—

(a) employment by the Scottish Commission for Human Rights, with effect from 1st April 2008;

(b) employment by the Police Complaints Commissioner for Scotland, with effect from 1st August 2007;

(c) employment by the Scottish Road Works Commissioner, with effect from 1st December 2007;

(d) employment by the Trustees of the Independent Living Fund 2006, with effect from 1st October 2007; and

(e) employment by the Local Better Regulation Office, with effect from 1st September 2007.

(2) Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate places, with effect from the relevant dates specified in article 2(1):

(a) in the list of “Royal Commissions and other Commissions”, the entry—

“Scottish Commission for Human Rights”; and

(b)

in the list of “Other Bodies”, the entries—

“Employment by the Police Complaints Commissioner for Scotland”

“Employment by the Scottish Road Works Commissioner”

“Employment by the Trustees of the Independent Living Fund 2006”

“Local Better Regulation Office”.

Offices

3.—(1) Section 1 of the Act shall apply to the Scottish Road Works Commissioner, with effect from 23rd July 2007.

(2) Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate place in the list of “Offices” with effect from the date specified in article 3(1), the entry—

“the Scottish Road Works Commissioner”.

Removal from Schedule 1

4.—(1) The following entries are removed from Schedule 1 to the Act:

(a) in the list of “Other Bodies” in Schedule 1, the entries—

“Employment by the Trustees of the Independent Living (Extension) Fund and the Independent Living (1993) Fund”, with effect from 1st October 2007;

“Joint Nature Conservation Committee”, with effect from 1st April 2005;

“The Pensions Compensation Board”, with effect from 1st September 2005; and

(b)

in the list of “Offices” the entry—

“Chairman of the Criminal Injuries Compensation Board”, with effect from 31st March 2000.

Tom Watson

for the Minister for the Civil Service

16th July 2008

EXPLANATORY NOTE

(This note is not part of the Order)

1.  Section 1 of the Superannuation Act 1972 (“the Act”) permits the Minister for the Civil Service to make schemes which make provision for pensions and other benefits in respect of civil servants and persons serving in an employment or office listed in Schedule 1 to the Act. The Principal Civil Service Pension Scheme, the Civil Service Additional Voluntary Contribution Scheme, the Civil Service Compensation Scheme, the Partnership Pension Account Death Benefit Scheme, the Partnership Pension Account Ill Health Benefit Scheme the Civil Service Injury Benefits Scheme and the Unregistered Death Benefits Scheme are schemes which have been made under section 1 of the Act.

2.  This Order adds employment by the Scottish Commission for Human Rights, the Police Complaints Commissioner for Scotland, the Scottish Road Works Commissioner, the Trustees of the Independent Living Fund 2006 and the Local Better Regulation Office to employments currently listed in Schedule 1 to the Act.

3.  This Order also adds the office of the Scottish Road Works Commissioner to those listed in Schedule 1 to the Act.

4.  The addition of these employments and offices to Schedule 1 to the Act makes the persons serving in the employments or offices eligible to be members of the schemes made under section 1 of the Act, subject to the rules of those schemes.

5.  Employment by the Trustees of the Independent Living (Extension) Fund and the Independent Living (1993) Fund, the Joint Nature Conservation Committee and The Pensions Compensation Board is removed from those listed in Schedule 1 to the Act. The Order also removes the office of Chairman of the Criminal Injuries Compensation Board from Schedule 1 to the Act.

6.  The changes to Schedule 1 to the Act made by this Order have effect from dates that are before the date this Order is made. This is authorised by section 1(8)(a) of the Act.

(1)

1972 c. 11.

(2)

See article 2(1)(c) of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) and article 3 of the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 1995/269).