2009 No. 1682 (S. 9)

Constitutional Law
Devolution, Scotland
Pensions

The Scottish Parliamentary Pensions Act 2009 (Consequential Modifications) Order 2009

Made

Coming into force

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(5) of the Scotland Act 19981.

In accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent1

1

This Order may be cited as the Scottish Parliamentary Pensions Act 2009 (Consequential Modifications) Order 2009 and shall come into force on 1st September 2009.

2

This Order extends to England and Wales and Scotland.

Modifications2

The modifications specified in the Schedule shall have effect.

ANN McKECHINParliamentary Under Secretary of State Scotland OfficeMinistry of JusticeDover House, Londson

SCHEDULEMODIFICATIONS OF PUBLIC GENERAL ACTS

Article 2

The Pensions Act 1995 (c.26)

1

In section 11(7)(b) of the Pensions Act 1995 (powers to wind up schemes) after “any enactment” insert “(including the Scottish Parliamentary Pensions Act 2009 (asp 1))”.

The Pensions Act 2004 (c.35)

2

In section 249A(3)2 of the Pensions Act 2004 (schemes exempt from requirement for internal controls), after paragraph (c) insert—

d

the Scottish Parliamentary Pension Scheme as defined in section 4 of the Scottish Parliamentary Pensions Act 2009 (asp 1).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in consequence of the Scottish Parliamentary Pensions Act 2009 (“the 2009 Act”). The Schedule to the Order makes modifications of primary legislation in consequence of the 2009 Act.

Paragraph 1 of the Schedule amends section 11(7) of the Pensions Act 1995 (“the 1995 Act”) so that the Pensions Regulator continues, in limited circumstances, to have the power to adapt, amend or repeal the legislation which contains the rules of the Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme. Section 11 of the 1995 Act applies to both schemes by virtue of their status as public service pension schemes for the purpose of the Pension Schemes Act 1993 (c.48) as conferred under the Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009 (S.I. 2009/1907).

Paragraph 2 of the Schedule amends section 249A(3) of the Pensions Act 2004 so that the Scottish Parliamentary Pension Scheme continues to be exempt from the requirement for internal controls in section 249A.