The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2015

Statutory Instruments

2015 No. 919

Public Service Pensions

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2015

Made

25th March 2015

Laid before Parliament

26th March 2015

Coming into force

16th April 2015

The Minister for the Civil Service, in exercise of the powers conferred by sections 1(5) and (8)(a) of the Superannuation Act 1972(1) and now vested in him(2), makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2015.

(2) This Order comes into force on 16th April 2015, but has effect, as appropriate, from the dates specified in this Order.

(3) In this Order, “the Act” means the Superannuation Act 1972.

Employments

2.—(1) Section 1 of the Act applies to the following employments—

(a) with effect from 1st December 2012—

(i) employment by the College of Policing Limited;

(ii) employment by JISC Limited;

(b) with effect from 1st April 2014—

(i) employment by the British-American Parliamentary Group;

(ii) employment by the Crofting Commission;

(iii) employment by Radioactive Waste Management Ltd;

(c) with effect from 17th November 2014, employment by NHS Confederation Limited;

(d) with effect from 1st April 2015—

(i) employment by the Royal Household;

(ii) employment as a member of the House of Lords staff; and

(iii) employment by Historic Environment Scotland.

(2) Accordingly, Schedule 1 to the Act is amended by inserting, with effect from 1st April 2014 and in the appropriate place in the list of “Royal Commissions and other Commissions”, the entry “Employment by the Crofting Commission”.

(3) Accordingly, Schedule 1 to the Act is amended by inserting, in the appropriate places in the list of “Other Bodies”—

(a) with effect from 1st December 2012, the entries—

(i) “Employment by the College of Policing Limited”;

(ii) “Employment by JISC Limited”;

(b) with effect from 1st April 2014, the entries—

(i) “Employment by the British-American Parliamentary Group”;

(ii) “Employment by Radioactive Waste Management Ltd”;

(c) with effect from 17th November 2014, the entry “Employment by NHS Confederation Ltd”;

(d) with effect from 1st April 2015, the entries—

(i) “Employment by the Royal Household”;

(ii) “Employment as a member of the House of Lords staff”; and

(iii) “Employment by Historic Environment Scotland”.

Offices

3.—(1) Section 1 of the Act applies to the following offices:

(a) with effect from 12th November 2012, to the office of Adjudicator for HM Revenue & Customs, the Valuation Office Agency, and the Insolvency Service; and

(b) with effect from 1st January 2015, to the office of the Service Complaints Commissioner.

(2) Accordingly, Schedule 1 to the Act is amended by inserting, in the appropriate place in the list of “Offices”—

(a) with effect from 12th November 2012, the entry “Adjudicator for HM Revenue & Customs, the Valuation Office Agency, and the Insolvency Service”; and

(b) with effect from the 1st January 2015, the entry “Service Complaints Commissioner”.

Removals

4.  The following entries are removed from the list of “Other Bodies” in Schedule 1 to the Act—

(a) with effect from 31st March 2012, the entry “Partnerships for Schools Limited”;

(b) with effect from 30th June 2012, the entry “Employment by Resource: The Council for Museums, Archives and Libraries”;

(c) with effect from 31st July 2013, the entry “Learning and Skills Improvement Service”;

(d) with effect from 30th September 2013, the entry “BRB (Residuary) Limited”;

(e) with effect from 1st October 2013, the entry “Capital for Enterprise Limited”; and

(f) with effect from 17th November 2014, the entry “the NHS Confederation (Employers) Company Limited”.

The British Library: correction

5.  With effect from 1st August 2002, the entry in the list of “Other Bodies” in Schedule 1 to the Act reading “The British Library” is removed, and replaced with an entry reading “The British Library Board”.

Signed

Francis Maude

Minister for the Cabinet Office

25th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Section 1 of the Superannuation Act 1972 (“the Act”) permits the Minister for the Civil Service to make schemes which make provision for pension and other benefits in respect of civil servants and persons serving in an office or employment listed in Schedule 1 to the Act. The Principal Civil Service Pension Scheme, the Civil Service Additional Voluntary Contribution Scheme, the Civil Service Compensation Scheme and the Civil Service Injury Benefit Scheme are some of the schemes which have been made under section 1 of the Act.

Articles 2 and 3 of this Order add to the list of employments and offices in Schedule 1 to the Act. Employment by the Crofting Commission, the College of Policing Limited, JISC Limited, the British-American Parliamentary Group, Radioactive Waste Management Ltd, NHS Confederation Limited, the Royal Household, the House of Lords, and Historic Environment Scotland are all added to the list of employment in Schedule 1 to the Act. The offices of Adjudicator for HM Revenue & Customs, the Valuation Office Agency, and the Insolvency Service and the Service Complaints Commissioner are also added to the list of offices in Schedule 1 to the Act. The addition of these employments and offices to Schedule 1 to the Act makes the persons serving in those employments or holding those offices eligible to be members of schemes made under section 1 of the Act, subject to the rules of those schemes.

Article 4 removes employment by Partnerships for Schools Limited, Resource: The Council for Museums, Archives and Libraries, the Learning and Skills Improvement Service, BRB (Residuary) Limited, Capital for Enterprise Limited, and NHS Confederation (Employers) Company Limited from those employments listed in Schedule 1 to the Act.

Article 5 of this Order corrects an error made by the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2003 (S.I. 2003/1073). That Order intended to enable British Library staff to be eligible for membership of schemes under section 1 of the Act by adding the British Library to Schedule 1 to the Act. However, British Library staff are not employed by the British Library (a national library established under section 1(1) of the British Library Act 1972 (c.54)) but by the British Library Board (a board established under section 1(2) of the British Library Act 1972). Article 5 corrects this error.

The changes to Schedule 1 to the Act made by this Order have effect from dates that are before the date this Order is made. This is authorised by section 1(8)(a) of the Act.

An impact assessment has not been produced for this instrument as no impact upon the costs of business or the voluntary sector is foreseen.

(1)

1972 c.11. The power to make retrospective provision is contained in section 1(8)(a).

(2)

See article 2(1)(c) of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) and article 3 of the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 1995/269).