The Constitutional Reform and Governance Act 2010 (Commencement No. 8 and Saving Provision) Order 2013

Statutory Instruments

2013 No. 2826 (C. 113)

Public Service Pensions

The Constitutional Reform and Governance Act 2010 (Commencement No. 8 and Saving Provision) Order 2013

Made

31st October 2013

The Minister for the Civil Service makes the following Order in exercise of the powers conferred by section 52(2) and (4) of the Constitutional Reform and Governance Act 2010(1):

Citation and interpretation

1.—(1) This Order may be cited as the Constitutional Reform and Governance Act 2010 (Commencement No. 8 and Saving Provision) Order 2013.

(2) In this Order—

(a) “the Act” means the Constitutional Reform and Governance Act 2010; and

(b) “the IPSA” means the Independent Parliamentary Standards Authority.

Commencement

2.  1st November 2013 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 40 (Parliamentary and other pensions) so far as it is not already in force;

(b) in Schedule 6 (Parliamentary and other pensions)—

(i) paragraph 35(3);

(ii) paragraphs 38 to 41; and

(iii) paragraph 47(2) so far as it is not already in force.

Saving

3.—(1) The European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994(2) and the European Parliamentary (United Kingdom Representatives) Pensions (Additional Voluntary Contributions Scheme) (No.2) Order 1995(3) (“the Schemes”) have effect as if they were schemes made by the IPSA under section 4 of the European Parliament (Pay and Pensions) Act 1979(4).

(2) References in the Schemes to the Leader of the House of Commons are, from 1st November 2013, to be construed as references to the IPSA.

Francis Maude

for the Minister for the Civil Service

Date 31st October 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of Schedule 6 to the Constitutional Reform and Governance Act 2010 (“the 2010 Act”) which make provision for the Independent Parliamentary Standards Authority (“the IPSA”) to make a scheme, under section 4 of the European Parliament (Pay and Pensions) Act 1979, with respect to pensions for certain Representatives to the European Parliament. The provisions brought into force by this Order come into force on 1st November 2013. As a result, section 40 of and Schedule 6 to the 2010 Act are fully in force as of that date.

Article 3 of the Order provides that the provisions of the existing pension schemes for the Representatives, which are contained in Orders made by the Leader of the House of Commons, have effect as if they were a scheme made by the IPSA.

This Order will have no effect on the costs of business and the voluntary sector. For that reason no impact assessment has been produced.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Constitutional Reform and Governance Act 2010 have been brought into force by commencement orders made before the date of this Order.

Provision	Date of Commencement	S.I. No.
Sections 1 to 25	11.11.2010	2010/2703
Section 26	19.4.2010	2010/1277
Section 27 and 28(1) to (3)	7.5.2010	2010/1277
Section 28(4)	27.7.2010	2010/1931
Section 29	24.5.2011	2011/1274
Section 30	7.5.2010	2010/1277
Section 31(1) to (5)	27.7.2010	2010/1931
Sections 31(6) and 32	7.5.2010	2010/1277
Sections 33 to 35	27.7.2010	2010/1931
Section 36	7.5.2010	2010/1277
Section 37	7.5.2010	2010/1277
Section 38, in part	19.4.2010 and 7.5.2010	2010/1277
Section 38, in part	27.7.2010	2010/1931
Section 38, so far as not already in force	24.5.2011	2011/1274
Section 39	24.5.2011	2011/1274
Section 40, in part	24.10.2011	2011/2485
Sections 43 and 44	11.11.2010	2010/2703
Section 45(1), in part	1.1.2013	2012/3001
Section 45(2) to (5)	30.11.2012	2012/3001
Section 46(1), in part	19.1.2011	2011/46
Section 46(1), so far as not already in force	1.1.2013	2012/3001
Section 46(2) to (5)	30.11.2012	2012/3001
Schedule 3	19.4.2010	2010/1277
Schedule 4	27.7.2010	2010/1931
Schedule 5, paragraphs 1, 2(b), 4(1) and (2)(a), 5(1) and (3), 7(1) and 7(4)(d) in part	19.4.2010	2010/1277
Schedule 5, paragraphs 2(a), 3, 4(2)(b), 5(2), 6 and 7(2), (3)(c) and (4)(c)	7.5.2010	2010/1277
Schedule 5, paragraphs 4(3), 7(3)(b), 4(b), 4(d) so far as not already in force and (5)	27.7.2010	2010/1931
Schedule 6: Part 1, Part 2 and paragraph 35(1) and (2), paragraphs 36, 37 and 42 to 46, paragraph 47(1), paragraph 47(2) in part, paragraph 47(3) and paragraphs 48 to 50	24.10.2011	2011/2485
Schedule 7, paragraphs 1 to 3, 5(2)(b) in part, 5(4) in part and paragraph 6 in part	19.1.2011	2011/46
Schedule 7, so far as not already in force	1.1.2013	2012/3001

(1)

2010 c.25.

(2)

S.I. 1994/1662 amended by S.I. 1996/1493, S.I. 1997/1291, S.I. 2003/1416, S.I. 2005/1924, S.I. 2006/919, S.I. 2010/909 and S.I. 2013/481.

(3)

S.I. 1995/739 amended by S.I. 1999/2101 and S.I. 2004/2418.

(4)

1979 c.50.