The Railway Pensions (Designation, Substitution and Miscellaneous Provisions) Order 2001

Article 8

SCHEDULE 3 AMENDMENTS OF THE RAILWAY PENSIONS (SUBSTITUTION AND MISCELLANEOUS PROVISIONS) ORDER 1995

1.  In this Schedule, unless the context otherwise requires, any reference to a numbered paragraph is to the paragraph in Schedule 2 to the 1995 Order which bears that number.

2.  Schedule 2 to the 1995 Order shall be amended in accordance with paragraphs 3 to 7 of this Schedule.

3.  In paragraph 1(1) before the definition of “outstanding balance” there shall be inserted the following—

““the 2001 Order” means the Railway Pensions (Designation, Substitution and Miscellaneous Provisions) Order 2001”.

4.  In paragraph 2(3), for the definition of “relevant amounts”, there shall be substituted the following—

• ““relevant amounts”, in relation to any specified amount, means—

  (a)

  the specified amount and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1); and

  (b)

  any amount specified in column 2 of Table B below the specified amount in relation to which there is no subsisting duty to make payments under this paragraph or paragraph 3 (or, where more than nine such amounts are so specified, the nine such amounts immediately following the specified amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1); and

  (c)

  (i)

  the amount (if any) specified in column 2 of Table B of Schedule 2 to the 1994 Order in relation to the relevant year (in so far as it remains unpaid) (“the relevant amount”) and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1) of Schedule 2 to that Order; and

  (ii)

  any amount specified in column 2 of Table B of that Schedule below the relevant amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule (or, where more than nine such amounts are so specified, the nine such amounts immediately following the relevant amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) of that Schedule; and

  (d)

  (i)

  the amount (if any) specified in column 2 of Table B of Schedule 1 to the 2001 Order in relation to the relevant year (in so far as it remains unpaid) (“the relevant amount”) and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1) of Schedule 1 to that Order; and

  (ii)

  any amount specified in column 2 of Table B of that Schedule below the relevant amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule (or, where more than nine such amounts are so specified, the nine such amounts immediately following the relevant amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) of that Schedule;

  excluding any part of any such amount or interest which has been paid; and for the purposes of sub-paragraph (d) of this definition Table B of Schedule 1 to the 2001 Order shall be treated as if, in column 1, before the year first specified, the years 2005 to 2010 were specified, and as if, in column 2, in relation to each such year, the amount specified were zero;”.

5.  In paragraph 3(7), for the definition of “relevant amounts”, there shall be substituted the following—

• ““relevant amounts” means—

  (a)

  the amount specified in column 2 of Table B in relation to the relevant year “the specified amount” and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1); and

  (b)

  any amount specified in column 2 of Table B below the specified amount in relation to which there is no subsisting duty to make payments under paragraph 2 or this paragraph (or, where more than nine such amounts are so specified, the nine such amounts immediately following the specified amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1); and

  (c)

  (i)

  the amount (if any) specified in column 2 of Table B of Schedule 2 to the 1994 Order in relation to the relevant year (in so far as it remains unpaid) (“the relevant amount”) and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1) of Schedule 2 to that Order; and

  (ii)

  any amount specified in column 2 of Table B of that Schedule below the relevant amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule (or, where more than nine such amounts are so specified, the nine such amounts immediately following the relevant amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) of that Schedule; and

  (d)

  (i)

  the amount (if any) specified in column 2 of Table B of Schedule 1 to the 2001 Order in relation to the relevant year (in so far as it remains unpaid) (“the relevant amount”) and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1) of Schedule 1 to that Order; and

  (ii)

  any amount specified in column 2 of Table B of that Schedule below the relevant amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule (or, where more than nine such amounts are so specified, the nine such amounts immediately following the relevant amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) of that Schedule;

  excluding any part of any such amount or interest which has been paid; and for the purposes of sub-paragraph (d) of this definition Table B of Schedule 1 to the 2001 Order shall be treated as if, in column 1, before the years first specified, the years 2005 to 2010 were specified, and as if, in column 2, in relation to each such year, the amount specified were zero;”.

6.  In paragraph 4, for sub-paragraphs (4) and (5) there shall be substituted the following—

“(4) Where, by virtue of sub-paragraph (2), a duty to make payments has arisen in relation to a Table B amount which is comprised in a composite amount, then thereafter, in paragraphs 2 and 3 (including paragraph 3 as it applies for the purposes of paragraph 11)—

(a) in sub-paragraph (b) of each of the definitions of “relevant amounts” the reference to any amount specified in column 2 of Table B in relation to which there is no subsisting duty to make payments shall be taken to include a reference to a composite amount in relation to any part of which there is no subsisting duty to make payments under paragraph 2 or 3;

(b) in sub-paragraphs (c)(ii) and (d)(ii) of each of the definitions of “relevant amounts” the reference to any amount specified in column 2 of Table B of Schedule 2 to the 1994 Order or of Schedule 1 to the 2001 Order, as the case may be, in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of the relevant Schedule shall be taken to include a reference to a composite amount in relation to any part of which there is no subsisting duty to make payments under either of those paragraphs;

(c) in sub-paragraphs (a) and (b) of each of the definitions of “relevant amounts” there shall be excluded from the amounts referred to in those sub-paragraphs any Table B amount comprised in a composite amount and in relation to which there is a subsisting duty to make payment; and

(d) in sub-paragraphs (c) and (d) of each of the definitions of “relevant amounts” there shall be excluded from the amounts referred to in those sub-paragraphs any amount specified in column 2 of Table B of Schedule 2 to the 1994 Order or of Schedule 1 to the 2001 Order, as the case may be, comprised in a composite amount and in relation to which there is a subsisting duty to make payment under the relevant Schedule.

(5) In this paragraph—

(a) except in sub-paragraphs (4)(b) and (d), “composite amount” means a substituted amount which comprises more than one Table B amount, and

(b) in sub-paragraphs (4)(b) and (d) “composite amount” means a composite amount within the meaning of paragraph 4(5)(a) of Schedule 2 to the 1994 Order or of Schedule 1 to the 2001 Order, as the case may be.”.

7.  In paragraph 7—

(a) in sub-paragraph (2), for the definition of “Y” there shall be substituted the following—

• ““Y” means, subject to sub-paragraph (2A), the sum of—

  (a)

  the amount specified in column 2 of Table B in relation to the year in which the valuation date of the relevant actuarial valuation in relation to the relevant year occurs (“the specified amount”) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1); and

  (b)

  any amount specified in column 2 of Table B below the specified amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 (or, where more than nine such amounts are so specified, the nine such amounts immediately following the specified amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1); and

  (c)

  (i)

  the amount (if any) specified in column 2 of Table B of Schedule 2 to the 1994 Order in relation to the year in which the valuation date of the relevant actuarial valuation in relation to the relevant year occurs (in so far as it remains unpaid) (“the relevant amount”) and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1) of Schedule 2 to that Order; and

  (ii)

  any amount specified in column 2 of Table B of that Schedule below the relevant amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule (or, where more than nine such amounts are so specified, the nine such amounts immediately following the relevant amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) of that Schedule; and

  (d)

  (i)

  the amount (if any) specified in column 2 of Table B of Schedule 1 to the 2001 Order in relation to the year in which the valuation date of the relevant actuarial valuation in relation to the relevant year occurs (in so far as it remains unpaid) (“the relevant amount”) and any interest added to the outstanding balance of that amount under paragraph 5(1) or (3) or 7(1) of Schedule 1 to that Order; and

  (ii)

  any amount specified in column 2 of Table B of that Schedule below the relevant amount in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of that Schedule (or, where more than nine such amounts are so specified, the nine such amounts immediately following the relevant amount) and any interest added to the outstanding balance of any such amount under paragraph 5(1) or (3) or 7(1) of that Schedule;

  excluding any part of any such amount or interest which has been paid.”; and

(b) for sub-paragraph (3), there shall be substituted the following—

“(3) For the purposes of calculating Y—

(a) in sub-paragraph (b) of the definition of Y the reference to any amount specified in column 2 of Table B in relation to which there is no subsisting duty to make payments shall be taken to include a reference to a composite amount in relation to any part of which there is no subsisting duty to make payments under paragraph 2 or 3;

(b) in sub-paragraphs (c)(ii) and (d)(ii) of the definition of Y the reference to any amount specified in column 2 of Table B of Schedule 2 to the 1994 Order or of Schedule 1 to the 2001 Order, as the case may be, in relation to which there is no subsisting duty to make payments under paragraph 2 or 3 of the relevant Schedule shall be taken to include a reference to a composite amount in relation to any part of which there is no subsisting duty to make payments under either of those paragraphs;

(c) in sub-paragraphs (a) and (b) of the definition of Y there shall be excluded from the amounts referred to in those sub-paragraphs any Table B amount comprised in a composite amount and in relation to which there is a subsisting duty to make payment;

(d) in sub-paragraphs (c) and (d) of the definition of Y there shall be excluded from the amounts referred to in the relevant sub-paragraph any amount specified in column 2 of Table B of Schedule 2 to the 1994 Order or of Schedule 1 to the 2001 Order, as the case may be, comprised in a composite amount and in relation to which there is a subsisting duty to make payment under the relevant Schedule;

(e) Table B shall be treated as if—

(i) in column 1, before the year first specified, the years 1998 to 2004 were each specified, and

(ii) in column 2, in relation to each of those years, the amount specified were zero; and

(f) Table B of Schedule 2 to the 1994 Order and of Schedule 1 to the 2001 Order shall be treated as if—

(i) in column 1, before the year first specified, the years 1998 to 2003 and 1998 to 2010 respectively were each specified, and

(ii) in column 2, in relation to each of those years, the amount specified were zero.”.