The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2017

Statutory Instruments

2017 No. 1261

Public Service Pensions

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2017

Made

14th December 2017

Laid before Parliament

14th December 2017

Coming into force

4th January 2018

The Minister for the Civil Service, in exercise of the powers conferred by section 1(5), (7) and (8)(a) of the Superannuation Act 1972(1) and now vested in her(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 2017.

(2) This Order comes into force on 4th January 2018, 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 April 2014, employment by the Parliamentary Information and Communications Technology Service;

(b) with effect from 1st April 2015, employment by the Parliamentary Digital Service; and

(c) with effect from 1st April 2016, employment by UK Government Investments Limited.

(2) Accordingly, in Schedule 1 to the Act, at the appropriate place in the list of “Other Bodies”, insert—

(a) With effect from 1st April 2014, the entry “Parliamentary Information and Communications Technology Service”;

(b) with effect from 1st April 2015, the entry “Employment by the Parliamentary Digital Service”; and

(c) with effect from 1st April 2016, the entry “Employment by UK Government Investments Limited”.

Offices

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

(a) with effect from 3rd July 2013, the office of deputy traffic commissioner for England and Wales;

(b) with effect from 1st April 2015, the office of Her Majesty’s Chief Inspector of the Crown Prosecution Service; and

(c) with effect from 8th January 2018, the office of the Director General of the Independent Office for Police Conduct.

(2) Accordingly, in Schedule 1 to the Act, at the appropriate place in the list of “Offices”, insert—

(a) with effect from 3rd July 2013, the entry “deputy traffic commissioner for England and Wales”;

(b) with effect from 1st April 2015, the entry “Her Majesty’s Chief Inspector of the Crown Prosecution Service”; and

(c) with effect from 8th January 2018, the entry “The Director General of the Independent Office for Police Conduct”.

Scottish employments

4.—(1) Section 1 of the Act applies to the following employments remunerated out of the Scottish Consolidated Fund—

(a) with effect from 1st November 2016, employment by the Scottish Land Commission; and

(b) with effect from 1st April 2017—

(i) employment by Crown Estate Scotland (Interim Management), and

(ii) employment by Community Justice Scotland.

(2) Accordingly, in Schedule 1 to the Act, at the appropriate place in the list of “Other Bodies”, insert—

(a) with effect from 1st November 2016, the entry “Employment by the Scottish Land Commission”; and

(b) with effect from 1st April 2017, the entries—

(i) “Employment by Crown Estate Scotland (Interim Management)”, and

(ii) “Employment by Community Justice Scotland”.

Welsh employments

5.—(1) Section 1 of the Act applies to the following employments remunerated out of the Welsh Consolidated Fund—

(a) with effect from 6th August 2015, employment by Qualification Wales; and

(b) with effect from 1st June 2015, employment by the Future Generations Commissioner for Wales.

(2) Accordingly, in Schedule 1 to the Act, at the appropriate place in the list of “Other Bodies”, insert—

(a) with effect from 6th August 2015, the entry “Employment by Qualification Wales”; and

(b) with effect from 1st June 2015, the entry “Employment by the Future Generations Commissioner for Wales”.

Welsh offices

6.—(1) Section 1 of the Act applies to the following offices remunerated out of the Welsh Consolidated Fund—

(a) with effect from 29th April 2015, the office of the Ministerial Adviser on Gender-based Violence, Domestic Abuse and Sexual Violence; and

(b) with effect from 1st June 2015, the office of the Future Generations Commissioner for Wales.

(2) Accordingly, in Schedule 1 to the Act, at the appropriate place in the list of “Other Bodies”, insert—

(a) with effect from 29th April 2015, the entry “The Ministerial Adviser on Gender-based Violence, Domestic Abuse and Sexual Violence”; and

(b) with effect from 1st June 2015, the entry “The Future Generations Commissioner for Wales”.

Removals

7.—(1) The following entries are omitted from the list of “Other Bodies” in Schedule 1 to the Act—

(a) with effect from 1st April 2013, “The Olympic Lottery Distributor”;

(b) with effect from 1st April 2014—

(i) “National Consumer Council”, and

(ii) “The National Consumer Council established under the Consumers, Estate Agents and Redress Act 2007”; and

(c) with effect from 1st April 2015, “The Royal Household”.

(2) With effect from 1st October 2015, the entry “Royal Commission on Ancient and Historical Monuments of Scotland” is omitted from the list of “Royal Commissions and other Commissions” in Schedule 1 to the Act.

Amendments to Schedule 1 to the Act to reflect changes of name

8.  In Schedule 1 to the Act—

(a) with effect from 30th July 2013—

(i) the entry “Local Government Boundary Commission for Wales” is omitted from the list of “Royal Commissions and other Commissions”, and

(ii) at the appropriate place in the list of “Royal Commissions and other Commissions” insert the entry “The Local Democracy and Boundary Commission for Wales”; and

(b) with effect from 1st April 2015—

(i) the entry “General Teaching Council for Wales” is omitted from the list of “Other Bodies”, and

(ii) at the appropriate place in the list of “Other Bodies” insert the entry “The Education Workforce Council”.

Signed

Caroline Nokes

Minister for Government Resilience and Efficiency

Cabinet Office

14th December 2017

EXPLANATORY NOTE

(This note is not part of the Order)

Section 1 of the Superannuation Act 1972 (c.11) (“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.

The addition of an employment or office to Schedule 1 to the Act makes a person serving in that employment or holding that office eligible to be a member of schemes made under section 1 of the Act, subject to the rules of those schemes.

Article 2 of this Order provides that section 1 of the Act applies to employment by the Parliamentary Information and Communications Technology Service with effect from 1st April 2014. The Parliamentary Information and Communications Technology Service was renamed the Parliamentary Digital Service with effect from 1st April 2015 and, accordingly, the article also provides that section 1 of the Act applies to employment by the Parliamentary Digital Service with effect from that date. Article 2 also provides that section 1 of the Act applies to employment by UK Government Investments Limited.

Article 3 of this Order adds the office of deputy traffic commissioner for England and Wales, the office of Her Majesty’s Chief Inspector of the Crown Prosecution Service and the office of the Director General of the Independent Office for Police Conduct to the list of offices in Schedule 1 to the Act.

Article 4 of this Order adds certain employments remunerated out of the Scottish Consolidated Fund to Schedule 1 to the Act. Employment by the Scottish Land Commission, Crown Estate Scotland (Interim Management) and Community Justice Scotland are added to the list of employments in Schedule 1 to the Act.

Articles 5 and 6 of this Order add certain employments and offices remunerated out of the Welsh Consolidated Fund to Schedule 1 to the Act. Employment by Qualification Wales and the Future Generations Commissioner for Wales are added to the list of employments in Schedule 1 to the Act. The offices of Ministerial Adviser on Gender-based Violence, Domestic Abuse and Sexual Violence and the Future Generations Commissioner for Wales are added to the list of offices in Schedule 1 to the Act. The addition of employments and offices remunerated out of the Welsh Consolidated Fund is authorised by section 1(7) of the Act.

Article 7 removes employment by the Olympic Lottery Distributor, the National Consumer Council, the National Consumer Council established under the Consumers, Estate Agents and Redress Act 2007, the Royal Household and the Royal Commission on Ancient and Historical Monuments of Scotland from those employments listed in Schedule 1 to the Act.

Article 8 amends Schedule 1 to the Act to reflect the fact that the Local Government Boundary Commission for Wales has been renamed the Local Democracy and Boundary Commission for Wales and that the General Teaching Council for Wales has been renamed the Education Workforce Council.

A number of changes to Schedule 1 to the Act made by this Order have effect from dates 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).