The Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision) Regulations (Northern Ireland) 2019

Regulations made by the Department for Communities and laid before the Assembly under section 85(2)(b) and (3) of the Pension Schemes Act 2015 for approval of the Assembly before the expiration of 6 months from the date of their coming into operation

Statutory Rules of Northern Ireland

2019 No. 17

Public Service Pensions

The Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision) Regulations (Northern Ireland) 2019

Made

13th February 2019

Coming into operation

15th February 2019

The Department for Communities(1) makes the following Regulations in exercise of the power conferred by section 83 of the Pension Schemes Act 2015(2).

Citation and commencement N.I.

1.  These Regulations may be cited as the Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision) Regulations (Northern Ireland) 2019 and shall come into operation on 15th February 2019.

Commencement Information

I1 Reg. 1 in operation at 15.2.2019, see reg. 1

Provision consequential on section 78 of the Pension Schemes Act 2015 N.I.

2.  In section 31(4) of the Public Service Pensions Act (Northern Ireland) 2014(3) (new public body pension schemes) in the definition of “public body pension scheme” after “an existing scheme” insert “or a scheme established under section 18A of the Judicial Pensions and Retirement Act 1993(4)”.

Commencement Information

I2 Reg. 2 in operation at 15.2.2019, see reg. 1

Revocation N.I.

3.  The Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision No. 2) Regulations (Northern Ireland) 2018(5) are revoked.

Commencement Information

I3 Reg. 3 in operation at 15.2.2019, see reg. 1

Sealed with the Official Seal of the Department for Communities on 13th February 2019

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and re-enact the Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision No. 2) Regulations (Northern Ireland) 2018 which would otherwise cease to have effect by virtue of section 85(3)(b) of the Pension Schemes Act 2015. The Regulations make a consequential amendment to section 31 of the Public Service Pensions Act (Northern Ireland) 2014 (“the 2014 Act”) following the enactment of section 18A of the Judicial Pensions and Retirement Act 1993 (“the 1993 Act”). Section 18A of the 1993 Act enables the creation of a pension scheme for certain fee-paid judges including, in particular, making provision corresponding or similar to that made by or under Part 1 or section 20 of, or Schedule 2 or 2A to, the 1993 Act for salaried judges. Section 18A of the 1993 Act was inserted by section 78 of the Pension Schemes Act 2015. This amendment will ensure that the relationship between the 2014 Act and a scheme created under section 18A of the 1993 Act will be the same as the relationship between the 2014 Act and other judicial pension schemes established by or under the 1993 Act.

(1)

See section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

(2)

2015 c. 8

(3)

2014 c. 2 (N.I.)

(4)

1993 c. 8; section 18A was inserted by section 78(1) of the Pension Schemes Act 2015

(5)

S.R. 2018 No. 147