Legal Aid, Sentencing and Punishment of Offenders Act 2012

Pension schemes and compensation schemes E+W

4 (1) On and after the transfer day, the terms and conditions of employment of an individual who is employed in the civil service of the State by virtue of paragraph 1(1) do not include any term or condition that was part of the individual's contract of employment immediately before the transfer day and that relates to— E+W

(a) an occupational pension scheme,

(b) a compensation scheme, or

(c) rights, powers, duties or liabilities under or in connection with such a scheme.

(2) Accordingly, paragraph 1(3) does not apply in relation to rights, powers, duties or liabilities under or in connection with an occupational pension scheme or a compensation scheme.

(3) The Lord Chancellor may make one or more schemes providing for the transfer to the Lord Chancellor or the Secretary of State of the LSC's rights, powers, duties and liabilities under or in connection with—

(a) an occupational pension scheme, or

(b) a compensation scheme,

whether the rights, powers, duties and liabilities arise under the occupational pension scheme or compensation scheme, under an enactment, under a contract of employment or otherwise.

(4) A transfer scheme may provide that anything done (or having effect as if done) before the day on which the transfer scheme takes effect—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,

is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the transferee.

(5) A transfer scheme may provide that anything which is in the process of being done immediately before the day on which the transfer scheme takes effect—

(a) by or in relation to the LSC, and

(b) for the purposes of, or in connection with, anything transferred by virtue of the transfer scheme,

may be continued by or in relation to the transferee.

(6) A transfer scheme may provide that a reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of the scheme is to have effect, so far as is necessary for giving effect to that scheme, as a reference to the transferee.

(7) A transfer scheme may, so far as is necessary for giving effect to that scheme, provide that an enactment that applies in relation to compensation schemes or occupational pension schemes applies to a compensation scheme or occupational pension scheme that is the subject of the transfer scheme, the members of such a scheme or the transferee with modifications specified in the transfer scheme.

(8) A transfer scheme may—

(a) amend or otherwise modify a compensation scheme that is the subject of the transfer scheme, and

(b) create, modify or remove rights, powers, duties or liabilities under or in connection with such a scheme.

(9) The powers under sub-paragraph (8) include power to amend or otherwise modify any instrument relating to the constitution, management or operation of a compensation scheme.

(10) Transfer schemes amending or otherwise modifying a compensation scheme have effect in spite of any provision (of any nature) which would otherwise prevent or restrict the amendment or modification.

(11) A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision.

[F1 (11A) Where an individual—

(a) was a member of a relevant LSC scheme immediately before the transfer day,

(b) had been a member of that scheme immediately before 1 April 2012, and

(c) becomes, on or after the transfer day, a member of a civil service scheme by virtue of employment in the civil service of the State,

the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pensions Act 2013 (transitional protection under existing schemes), as having been a member of the civil service scheme immediately before 1 April 2012.

(11B) In sub-paragraph (11A)—

(a) “relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;

(b) “civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.]

(12) In this paragraph—

• “compensation scheme” means so much of any scheme as makes provision for payment by way of compensation on or in respect of termination of employment;

• “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993;

• “transfer scheme” means a scheme made under sub-paragraph (3).

Textual Amendments

F1 Sch. 4 para. 4(11A)(11B) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 31 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(o)