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Public Service Pensions and Judicial Offices Act 2022

Type Public General Act

Publication 2022-03-10

Last updated 2026-08-12

State In force

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(b) the payment, if made, would be an unauthorised payment, and

(4) The payment may be made notwithstanding the rule mentioned in subsection (3)(c).

(5) In this section “unauthorised payment” means a payment that is an unauthorised payment for the purposes of Part 4 of FA 2004 (see section 160(5) of that Act).

Information statements

64

(1) The relevant authority must—

(a) prepare a statement in relation to any person (“P”) in respect of whom a legacy scheme election or a 2015 election may be made, and

(b) send it to the person who may make the election (see section 46).

(2) Subsection (1) must be complied with before the beginning of the election period in relation to P.

(3) The statement must contain—

(a) a description of the benefits that would be available in respect of P’s remediable service if a legacy scheme election were made in respect of P (specifying the judicial legacy scheme or schemes under which those benefits would be available),

(b) if a 2015 scheme election may be made in respect of P, a description of the benefits that would be available in respect of P’s remediable service if the election were made (specifying the judicial 2015 scheme or schemes under which those benefits would be available),

(c) a description of the benefits (if any) that would be available in respect of P’s remediable service if no legacy scheme election or 2015 scheme election is made in respect of P (specifying the judicial scheme or schemes under which any benefits would be available),

(d) a description of—

(i) the arrangements (if any) that, by virtue of section 60 (remedial arrangements to pay voluntary contributions to judicial schemes), may be entered into under judicial schemes, and

(ii) the circumstances in which, and the process by which, such arrangements may be entered into, and

(e) such other information as the relevant authority considers relevant to the decision as to whether to make a legacy scheme election or 2015 scheme election in respect of P.

Power to delegate

65

(1) The Lord Chancellor may delegate to another person any of the Lord Chancellor’s functions under this Chapter.

(2) The Department of Justice in Northern Ireland may delegate to another person any of its functions under this Chapter.

Section 61 of the Equality Act 2010 etc

66

(1) In determining for the purposes of this Chapter whether any service is pensionable service under a particular pension scheme, section 61 of EA 2010 and paragraph 2 of Schedule 1 to EEAR(NI) 2006 (non-discrimination rule) are to be disregarded.

(2) To the extent that section 61 of EA 2010 or paragraph 2 of Schedule 1 to EEAR(NI) 2006 has the effect (apart from this subsection) that any remediable service of a person—

(a) is not pensionable service under a judicial 2015 scheme, or

(b) is pensionable service under a judicial legacy scheme,

it ceases to have effect (to that extent) at the end of the election period.

Immediate detriment cases

Application of Chapter to immediate detriment cases

67

(1) Subject as follows, nothing in sections 40 to 66 applies in relation to a person’s remediable service in a judicial office if an immediate detriment remedy has been obtained in relation to the service.

(2) Scheme regulations for a judicial scheme may make provision for the purpose of putting persons who have rights in respect of remediable service in relation to which an immediate detriment remedy has been obtained, so far as possible, in the position that they would have been in if there had been no relevant breach of a non-discrimination rule in relation to the service.

(3) The provision that may be made under subsection (2) includes, in particular—

(a) provision corresponding to any provision of sections 40 to 66, or

(b) provision applying any provision of this Chapter in its application to persons of a description specified in the regulations,

with or without modifications.

(4) In this section “non-discrimination rule” means a rule that is, or at any time was, included in a judicial scheme by virtue of—

(a) section 61 of EA 2010, or

(b) paragraph 2 of Schedule 1 to EEAR(NI) 2006.

(5) For the purposes of this section a breach of a non-discrimination rule is “relevant” if it arises from the application of—

(a) an exception to section 18(1) of PSPA 2013 made under section 18(5) to (7) of that Act, or

(b) an exception to section 18(1) of PSPA(NI) 2014 made under section 18(5) to (8) of that Act.

Whether an “immediate detriment remedy” has been obtained

68

(1) For the purposes of section 67 an “immediate detriment remedy” has been obtained in relation to a person’s remediable service in a judicial office, if either of the following conditions is met.

(2) The first condition is that—

(a) a court or tribunal has determined that, as a result of a non-discrimination rule, any person has any rights under a judicial legacy scheme in respect of the remediable service, and

(b) the scheme manager of the scheme has—

(i) paid any benefits or compensation in accordance with the determination, or

(ii) taken any other step (for example, altering records) to implement the determination.

(3) The second condition is that—

(a) the scheme manager of a judicial legacy scheme and any person have agreed that, as a result of a non-discrimination rule, the person has any rights under the scheme in respect of the remediable service, and

(b) the scheme manager of the scheme has—

(i) paid any benefits or compensation in accordance with the agreement, or

(ii) taken any other step (for example, altering records) to implement the agreement.

(4) In this section “non-discrimination rule” means a rule that is, or at any time was, included in a judicial scheme by virtue of—

(a) section 61 of EA 2010, or

(b) paragraph 2 of Schedule 1 to EEAR(NI) 2006.

Interpretation

Meaning of “the election period”

69

(1) In this Chapter “the election period”, in relation to a person who has remediable service in a judicial office, means (subject to subsection (3)) the period of three months beginning with such date as is specified for the purposes of this section by the relevant authority.

(2) Different dates may be specified in relation to different descriptions of person.

(3) The relevant authority may extend the period mentioned in subsection (1) in relation to a particular person if the relevant authority considers it just and equitable to do so.

Meaning of “a judicial scheme” etc

70

(1) “A judicial scheme” means—

(a) a judicial 2015 scheme, or

(b) a judicial legacy scheme.

(2) “A judicial 2015 scheme” means—

(a) the Judicial Pensions Regulations 2015 (S.I. 2015/182), or

(b) the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76).

(3) “A judicial legacy scheme” means—

(a) a judicial legacy salaried scheme, or

(b) the judicial legacy fee-paid scheme.

(4) “A judicial legacy salaried scheme” means—

(a) an existing scheme (within the meaning of PSPA 2013) mentioned in any of paragraphs 2 to 11, or paragraph 15, of Schedule 5 to that Act (judicial schemes), or

(b) an existing scheme (within the meaning of PSPA(NI) 2014) mentioned in paragraph 2 of Schedule 5 to that Act (judicial schemes).

(5) “The judicial legacy fee-paid scheme” means the scheme constituted by Parts 1 to 11 of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522).

(6) This section has effect for the purposes of this Chapter.

Meaning of “judicial office” etc

71

(1) “Judicial office” means—

(a) an office specified in an order made under paragraph 2(1) of Schedule 1 to PSPA 2013,

(b) an office specified in regulation 3(2) of the Judicial Pensions Regulations 2015 (S.I. 2015/182), or

(2) “Salaried judicial office” means a judicial office held by a person whose service in that office is remunerated by the payment of salary.

(3) “Fee-paid judicial office” means a judicial office held by a person whose service in that office is remunerated by the payment of fees (as opposed to the payment of salary).

(4) This section has effect for the purposes of this Chapter.

Meaning of “the relevant authority”

72

In this Chapter “the relevant authority” means—

(a) in relation to a person who has remediable service in a judicial office within section 71(1)(a) or (b), the Lord Chancellor;

(b) in relation to any other person, the Department of Justice in Northern Ireland.

Meaning of “opted-out service” and “PPA opted-out service”

73

(1) A person’s remediable service in a judicial office is “opted-out service” if and to the extent that the service meets the second condition in section 39 by virtue of the application of paragraph (b) of subsection (4) of that section.

(2) A person’s remediable service in a judicial office is “PPA opted-out service” if—

(a) it is opted-out service, and

(b) the person has rights under a partnership pension account that are referable to pension contributions made in respect of it.

(3) This section has effect for the purposes of this Chapter.

Scheme regulations

74

(1) In this Chapter “scheme regulations”—

(a) in relation to a judicial scheme within section 70(2)(a), (4)(a) or (5) has the same meaning as in PSPA 2013 (see section 1(4) of that Act);

(b) in relation to a judicial scheme within section 70(2)(b) or (4)(b), has the same meaning as in PSPA(NI) 2014 (see section 1(4) of that Act).

(2) A power under this Chapter to make provision by means of scheme regulations for a judicial legacy scheme—

(a) is to be exercised by the responsible authority for the judicial 2015 scheme that is connected with the judicial legacy scheme, and

(b) may be exercised by amending the judicial legacy scheme.

(3) In subsection (2) “responsible authority”—

(a) in relation to a judicial scheme within section 70(2)(a), (4)(a) or (5) has the same meaning as in PSPA 2013 (see section 2 of that Act);

(b) in relation to a judicial scheme within section 70(2)(b) or (4)(b), has the same meaning as in PSPA(NI) 2014 (see section 2 of that Act).

Interpretation of Chapter

75

In this Chapter—

“2015 scheme election” has the meaning given by section 44(1);

“the election period” has the meaning given by section 69;

“fee-paid judicial office” has the meaning given by section 71;

“a judicial 2015 scheme” has the meaning given by section 70;

“the judicial legacy fee-paid scheme” has the meaning given by section 70;

“a judicial legacy salaried scheme” has the meaning given by section 70;

“a judicial legacy scheme” has the meaning given by section 70;

“judicial office” has the meaning given by section 71;

“a judicial scheme” has the meaning given by section 70;

“legacy scheme election” has the meaning given by section 40(1);

“opted-out service” has the meaning given by section 73;

“PPA opted-out service” has the meaning given by section 73;

“the relevant authority”, in relation to a person who has remediable service in a judicial office, has the meaning given by section 72;

“the relevant judicial legacy salaried scheme”, in relation to a person’s remediable service in a salaried judicial office, has the meaning given by section 43;

“remediable service” has the meaning given by section 39;

“salaried judicial office” has the meaning given by section 71;

“scheme regulations” has the meaning given by section 74;

“Treasury directions” means—in relation to a judicial scheme within section 70(2)(a), (4)(a) or (5), directions given by the Treasury;in relation to a judicial scheme within section 70(2)(b) or (4)(b), directions given by the Department of Finance in Northern Ireland.

Modifications of Chapter in relation to fee-paid judicial offices

76

(1) In this Chapter—

(a) a reference to a person’s service in an office is, in relation to a fee-paid judicial office, a reference to the person’s holding of the office;

(b) a reference to a period in which a person’s service in an office takes place is, in relation to a fee-paid judicial office, a reference to a period in which the person holds the office;

(c) a reference to a person accruing pensionable service under the judicial legacy fee-paid scheme is a reference to the person being an active member of the scheme in relation to any office;

(d) a reference to a person’s service in a fee-paid judicial office being “pensionable service” under the judicial legacy fee-paid scheme is a reference to the person being, during the period in which the service takes place, an active member of the scheme in relation to that office.

(2) Where, at any time in a specified period—

(a) a person holds a specified judicial fee-paid office, and

(b) the person was not (apart from this subsection) at that time an active member of the judicial legacy fee-paid scheme in relation to that office,

the person is treated for the purposes of this Chapter as having been, at that time, an active member of that scheme in relation to that office.

(3) In subsection (2) “specified” means specified by the Lord Chancellor by notice.

(4) The Lord Chancellor must publish any notice under subsection (3).

(5) In this section “active member” has the same meaning as in the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522) (see regulation 9(3) of those regulations).

CHAPTER 3 — Local government schemes

Remediable service

Meaning of “remediable service”

77

(1) For the purposes of this Chapter any continuous period of service of a person in an employment or office is “remediable service” in that employment or office if the following four conditions are met.

(2) In this section “the service in question” means the service mentioned in subsection (1).

(3) The first condition is that the service in question takes place in the period—

(a) beginning with the day after the closing date, and

(b) ending with 31 March 2022 or, if earlier, the date on which the person attains legacy scheme normal pension age.

(4) The second condition is that the service in question is pensionable service under a local government new scheme (including where the service is excess teacher service that is so pensionable by virtue of section 2(1)).

(5) The third condition is that the person was, on 31 March 2012 or any earlier day, in pensionable service under—

(a) a Chapter 1 legacy scheme (within the meaning of Chapter 1),

(b) a judicial legacy scheme (within the meaning of Chapter 2), or

(6) The fourth condition is that there is no disqualifying gap in service falling within the period—

(a) beginning with the day after the most recent day in relation to which the third condition is met, and

(b) ending with the day before the first day of the service in question.

(7) In subsection (3)—

“the closing date” means—31 March 2014 in relation to service which is pensionable service under regulations under section 7 of SA 1972 which relate to persons in England and Wales;31 March 2015 in relation to service which is pensionable service under any other local government new scheme;

“legacy scheme normal pension age” means—in a case in which the person meets the third condition in relation to a local government legacy scheme, the person’s normal pension age under that scheme;otherwise, the age of 65.

(8) In subsection (6) “disqualifying gap in service” means a period longer than 5 years at no time during which is the person in service in an employment or office which—

(a) is pensionable service under—

(i) a Chapter 1 scheme (within the meaning of Chapter 1),

(ii) a judicial scheme (within the meaning of Chapter 2), or

(iii) a local government scheme,

(b) is, as a result of a Fair Deal transfer, pensionable service under a Fair Deal scheme, or

(c) is, as a result of a local government contracting-out transfer, pensionable service under a pension scheme that offers pension arrangements that are broadly comparable with those offered to the person before the transfer.

Power to pay final salary benefits

78

(1) Scheme regulations for a local government new scheme may make provision under which the benefits payable under the scheme, so far as they are determined by reference to a member’s remediable service in any employment or office, are final salary benefits.

(2) The reference in subsection (1) to remediable service includes—

(a) remediable service within the meaning of Chapter 1 that has been transferred in from a Chapter 1 scheme, and

(b) remediable service within the meaning of Chapter 2 that has been transferred in from a judicial scheme.

(3) Scheme regulations made by virtue of subsection (1) may, in particular, include provision under which final salary benefits are only payable under the scheme to or in respect of a person who has service in multiple employments or offices if—

(a) so much of the service as is otherwise pensionable under another local government scheme, or under a Chapter 1 scheme or a judicial scheme, is transferred in to the scheme, or

(b) the service is aggregated for the purposes of determining those benefits.

(4) Scheme regulations for a local government new scheme may make provision under which the benefits payable under the scheme, so far as they are determined by reference to a member’s final salary transferred-in service in any employment or office, are final salary benefits.

(5) For the purposes of subsection (4) a member’s service in an employment or office is “final salary transferred-in service” if—

(a) the service has been transferred in from another pension scheme, and

(b) before the transfer, the benefits payable under that other scheme, so far as determined by reference to the service, were final salary benefits.

(6) Except as provided by the preceding provisions of this section, scheme regulations for a local government new scheme may not make provision under which the benefits payable under the scheme that are determined by reference to a member’s pensionable service in an employment or office are final salary benefits.

Section 78: transitional provision

79

(1) Any provision of scheme regulations that—

(a) was, at any time before the coming into force of section 78(1), made (or purportedly made) in relation to a local government new scheme under—

(i) section 18 of PSPA 2013 or section 18 of PSPA(NI) 2014 (restriction of existing pension schemes), or

(ii) any other enactment, and

(b) could have been made under section 78(1) if it had been in force at that time,

is treated as having been made under section 78(1).

(2) Section 78(6) does not affect the continued operation of any scheme regulations made before the coming into force of that provision.

Power to make provision in relation to special cases

Pension credit members

80

(1) Scheme regulations for a local government new scheme may make provision about the benefits payable to or in respect of a relevant pension credit member and the corresponding pension debit member.

(2) In this section “relevant pension credit member”, in relation to a local government new scheme, means a member of the scheme who has rights under the scheme—

(a) which are attributable (directly or indirectly) to a pension credit, and

(b) the value of which was determined (to any extent) by reference to the value of benefits payable in respect of the remediable service in an employment or office of another member.

(3) In this section “the corresponding pension debit member”, in relation to a relevant pension credit member, means the member mentioned in subsection (2)(b).

(4) The provision that may be made by scheme regulations under this section includes, in particular—

(a) provision modifying any provision of this Chapter in its application to persons of a description specified in the regulations;

(b) provision corresponding to, or applying, any provision of this Chapter, with or without modifications.

(5) In this section—

“modifying” includes disapplying or supplementing (and cognate expressions are to be construed accordingly);

“pension debit” means a debit under section 29(1)(a) of WPRA 1999 or Article 26(1)(a) of WRP(NI)O 1999;

“pension credit” means a credit under section 29(1)(b) of WPRA 1999 or Article 26(1)(b) of WRP(NI)O 1999.

Further powers to make provision about special cases

81

(1) Scheme regulations for a local government new scheme may make further provision relating to a member who has remediable service in an employment or office.

(2) The provision that may be made under subsection (1) includes, in particular, provision about cases in which a person has remediable service in an employment or office any of which is excess teacher service.

(3) Scheme regulations for a local government new scheme may make provision about injury and compensation benefits payable under a relevant injury and compensation scheme to or in respect of a member who has remediable service in an employment or office.

(4) Provision made under subsection (3) may in particular be made by amending the relevant injury and compensation scheme.

(5) In subsections (3) and (4) and this subsection—

(a) “injury and compensation scheme” means a pension scheme that is listed in Schedule 6 to PSPA 2013 or Schedule 6 to PSPA(NI) 2014 (existing injury and compensation schemes);

(b) an injury and compensation scheme is “relevant”, in relation to a local government new scheme, if it is connected with the local government new scheme;

(i) in the case of an injury and compensation scheme in relation to which Schedule 6 to PSPA 2013 or Schedule 6 to PSPA(NI) 2014 specifies particular benefits, those benefits;

(ii) in the case of any other injury and compensation scheme, any benefits payable under the scheme.

(6) The provision that may be made by scheme regulations under this section includes, in particular—

(a) provision modifying any provision of this Chapter in its application to persons of a description specified in the regulations;

(b) provision corresponding to, or applying, any provision of this Chapter, with or without modifications.

(7) In this section “modifying” includes disapplying or supplementing (and cognate expressions are to be construed accordingly).

Compensation

Power to pay compensation

82

(1) The scheme manager for a local government new scheme may pay amounts by way of compensation in respect of compensatable losses incurred by members or, in the case of deceased members, their personal representatives.

(2) Scheme regulations for a local government new scheme may make provision under which an employer in relation to the scheme is required to reimburse the scheme manager for amounts paid under subsection (1).

(3) For the purposes of this section a loss incurred by a member, or by a member’s personal representatives, is “compensatable” if and to the extent that—

(a) either of the following conditions is met, and

(b) the loss is of a description specified in Treasury directions.

(4) The first condition is that the loss is attributable to, or is reasonably regarded as attributable to, a relevant breach of a non-discrimination rule.

(5) The second condition is that the loss is attributable to the application of any provision of, or made under, this Chapter.

(6) In this section (subject to subsection (8)) “loss” includes a loss of any kind including, in particular, a Part 4 tax loss.

(7) In this section “Part 4 tax loss”, in relation to a member, means a loss arising as a result of the member—

(a) incurring a charge, or incurring an increased charge, under Part 4 of FA 2004, or

(b) not being entitled to a relief, or being entitled to less relief, under that Part of that Act.

(8) In this section “loss” does not include an amount that is payable under this Chapter or under regulations made by virtue of this Chapter.

(9) In this section “non-discrimination rule” means a rule that is, or at any time was, included in a local government scheme by virtue of—

(a) section 61 of EA 2010, or

(b) paragraph 2 of Schedule 1 to EEAR(NI) 2006.

(10) For the purposes of this section a breach of a non-discrimination rule is “relevant” if it arises from the application of a provision of scheme regulations made before 1 April 2022 under which the benefits payable under the scheme that are determined by reference to a member’s pensionable service in an employment or office are final salary benefits.

(11) Subsection (1) does not confer power to pay amounts by way of compensation in respect of compensatable losses so far as—

(a) any person has already received amounts by way of compensation in respect of them, or

(b) amounts that any person has paid the scheme have been reduced by amounts in respect of them,

whether pursuant to an order of a court or tribunal or otherwise.

Indirect compensation

83

(1) Scheme regulations for a local government new scheme may make provision under which, where a member has incurred a compensatable loss that is a Part 4 tax loss—

(a) the member is not paid an amount under section 82 by way of compensation in respect of the loss, and

(b) the member is instead paid such additional benefits under the scheme as may be determined in accordance with the regulations.

(2) In this section “compensatable loss” and “Part 4 tax loss” have the same meaning as in section 82.

Further provision about final salary benefits, special cases and compensation

Interest and process

84

(1) Scheme regulations for a local government new scheme may make provision—

(a) under which interest is required to be calculated and paid on relevant amounts;

(b) about the process by which relevant amounts (and any interest on them) are to be paid.

(2) Scheme regulations made by virtue of subsection (1)(b) may, in particular, include provision—

(a) about when relevant amounts (and any interest on them) are to be paid (including provision under which they are paid in instalments);

(b) under which relevant amounts (and any interest on them) may be paid only on the making of an application;

(3) In this section “relevant amounts” means any amounts that are payable by the scheme to a person under or by virtue of this Chapter.

Treasury directions

85

(1) The powers mentioned in subsection (2) must be exercised in accordance with Treasury directions.

(2) The powers are—

(a) the power to make scheme regulations by virtue of section 80 (pension credit members) and any powers exercisable by virtue of such regulations;

(b) the power to make scheme regulations by virtue of section 81 (further powers to make provision about special cases) and any powers exercisable by virtue of such regulations;

(d) the power to make scheme regulations by virtue of section 82(2) (power to require employer to reimburse compensation paid by scheme manager) and any powers exercisable by virtue of such regulations;

(e) the power to make scheme regulations by virtue of section 83(1) (indirect compensation) and any powers exercisable by virtue of such regulations;

(f) the power to make scheme regulations by virtue of section 84(1) (interest and process) and any powers exercisable by virtue of such regulations.

(3) Treasury directions under this section may provide for amounts that are to be paid by a scheme in relation to a member to be determined—

(a) taking into account the particular circumstances of the member and (if different) the person to whom the amount is to be paid, or

(b) without taking into account any or all of the particular circumstances of that person or those persons.

(4) Treasury directions under this section that relate to the calculation and payment of interest, and variations and revocations of such directions, may only be made after consultation with the Government Actuary.

(5) For the definition of “Treasury directions”, see section 87(1).

Interpretation

Meaning of “local government scheme” etc

86

(1) In this Chapter “local government scheme” means—

(a) a local government new scheme, or

(b) a local government legacy scheme.

(2) In this Chapter “local government new scheme” means—

(a) a scheme under section 1 of PSPA 2013 (schemes for persons in public service) which is a defined benefits scheme for local government workers (within the meaning of that Act), or

(b) a scheme under section 1 of PSPA(NI) 2014 (schemes for persons in public service) which is a defined benefits scheme for local government workers (within the meaning of that Act).

(3) In this Chapter “local government legacy scheme” means—

(a) an existing scheme (within the meaning of PSPA 2013) mentioned in paragraph 16 or 17 of Schedule 5 to PSPA 2013 (local government workers), or

(b) an existing scheme (within the meaning of PSPA(NI) 2014) mentioned in paragraph 3 of Schedule 5 to PSPA(NI) 2014 (local government workers).

Interpretation of Chapter

87

(1) In this Chapter—

“Chapter 1 scheme” has the same meaning as in Chapter 1;

“final salary benefits” has the meaning given by subsection (2);

“judicial scheme” has the same meaning as in Chapter 2;

“local government legacy scheme” has the meaning given by section 86(3);

“local government new scheme” has the meaning given by section 86(2);

“local government scheme” has the meaning given by section 86(1);

“scheme regulations”—in relation to a local government new scheme within section 86(2)(a) has the same meaning as in PSPA 2013 (see section 1(4) of that Act);in relation to a local government new scheme within section 86(2)(b) has the same meaning as in PSPA(NI) 2014 (see section 1(4) of that Act);

“Treasury directions” means—in relation to a local government scheme within section 86(2)(a) or (3)(a), directions given by the Treasury;in relation to a local government scheme within section 86(2)(b) or (3)(b), directions given by the Department of Finance in Northern Ireland.

(2) For the purposes of this Chapter, benefits payable under a pension scheme to or in respect of a member are “final salary benefits” if they are determined by reference to the member’s pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to—

(a) the time when the member’s pensionable service in relation to the scheme ends, or

(b) the time when the member attains normal pension age under a local government legacy scheme.

(3) Where—

(a) a member of a pension scheme has service in multiple employments or offices that is pensionable service under the scheme, and

(b) the service is aggregated for the purpose of determining the amount of any benefit under the scheme,

the service is treated for the purposes of this Chapter as service in a single employment or office (and references to the employment or office in relation to the service are to be read accordingly).

CHAPTER 4 — General

Restriction of schemes from 31 March 2022

Restriction of existing schemes

88

(1) PSPA 2013 is amended in accordance with subsections (2) and (3).

(2) In section 18 (restriction of existing pension schemes)—

(a) in subsection (4), omit the words after paragraph (b);

(b) after subsection (4) insert—

(4A) Subsection (1) does not apply, and is treated as never having applied, in relation to a person’s service that is pensionable service under an existing scheme by virtue of— (a) section 2(1) of PSPJOA 2022 (remediable service treated as pensionable service under Chapter 1 legacy scheme), or (b) section 42(2) of that Act (remediable service treated as pensionable service under judicial legacy scheme). For further provision affecting the application of subsection (1), see section 89(1) of that Act.

(3) In section 31 (restriction of certain existing public body pension schemes) in subsection (4) omit the words from “, and section 18(6) and (7)” to the end.

(4) PSPA(NI) 2014 is amended in accordance with subsections (5) and (6).

(5) In section 18 (restriction of existing pension schemes)—

(a) in subsection (4), omit “This is subject to subsection (8).”;

(b) after subsection (4) insert—

(4A) Subsection (1) does not apply, and is treated as never having applied, in relation to a person’s service that is pensionable service under an existing scheme by virtue of— (a) section 2(1) of PSPJOA 2022 (remediable service treated as pensionable service under Chapter 1 legacy scheme), or (b) section 42(2) of that Act (remediable service treated as pensionable service under judicial legacy scheme). For further provision affecting the application of subsection (1), see section 89(4) of that Act.

(6) In section 32 (restriction of certain existing public body pension schemes), in subsection (4) omit the words from “and section 18(7) and (8)” to the end.

(7) In consequence of the amendments made by the preceding provisions of this section, in JUPRA 1993, in section 18A (pension scheme for fee-paid judges), omit subsections (4) and (5).

Restriction of existing schemes: savings and transitional provision

89

(1) The repeal made by section 88(2)(c) of section 18(5) to (8) of PSPA 2013 (which removes the power to provide for exceptions to section 18(1) of that Act and which, accordingly, has the effect that any exceptions previously provided for under the power lapse) is subject to the following savings and transitional provision.

(2) The repeal does not affect—

(a) the continued operation of any scheme regulations made before the coming into force of the repeal so far as they provide for benefits to be provided under an existing scheme to or in respect of a person in relation to the person’s service before 1 April 2022;

(b) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service on or after 1 April 2022 which is transferred in from a pension scheme which is not a scheme under section 1 of PSPA 2013 or section 1 of PSPA(NI) 2014;

(c) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service before 1 April 2022 where the accrual rate is affected by the length of the person’s period of service (including a period after that date).

(3) In subsection (2)—

“existing scheme” has the same meaning as in PSPA 2013 (see section 18(2) of that Act);

“scheme regulations” has the same meaning as in PSPA 2013 (see section 1(4) of that Act).

(4) The repeal made by section 88(5)(c) of section 18(5) to (9) of PSPA(NI) 2014 (which removes the power to provide for exceptions to section 18(1) of that Act and which, accordingly, has the effect that any exceptions previously provided for under the power lapse) is subject to the following savings and transitional provision.

(5) The repeal does not affect—

(a) the continued operation of any scheme regulations made before the coming into force of the repeal so far as they provide for benefits to be provided under an existing scheme to or in respect of a person in relation to the person’s service before 1 April 2022;

(b) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service on or after 1 April 2022 which is transferred in from a pension scheme which is not a scheme under section 1 of PSPA(NI) 2014 or section 1 of PSPA 2013;

(c) any power to make scheme regulations under which benefits are provided to or in respect of a person in relation to service before 1 April 2022 where the accrual rate is affected by the length of the person’s period of service (including a period after that date).

(6) In subsection (5)—

“existing scheme” has the same meaning as in PSPA(NI) 2014 (see section 18(2) of that Act);

“scheme regulations” has the same meaning as in PSPA(NI) 2014 (see section 1(4) of that Act).

Restriction of other schemes

90

(1) No benefits are to be provided under a relevant scheme to or in respect of a person in relation to the person’s service after 31 March 2022.

(2) In subsection (1), “relevant scheme” means—

(a) the Judicial Pensions Regulations 2015 (S.I. 2015/182),

(b) the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76),

(c) the scheme constituted by Parts 1 to 11 of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 (S.I. 2017/522), or

(d) the pension scheme established for certain employees of the Secret Intelligence Service which came into operation on 1 January 1946 and was amended on 1 September 1957 and 1 July 1964.

(3) In subsection (1), the reference to benefits in relation to a person’s service includes benefits relating to the person’s death in service.

Prohibition of new arrangements to pay voluntary contributions

91

(1) No arrangements are to be entered into after 31 March 2022 under which voluntary contributions are payable by a member of a relevant scheme to the scheme.

(2) In subsection (1) “relevant scheme” means—

(a) a Chapter 1 legacy scheme (within the meaning of Chapter 1),

(b) a judicial legacy salaried scheme (within the meaning of Chapter 2),

(d) the Judicial Pensions Regulations 2015 (S.I. 2015/182),

(e) the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76), or

(f) the pension scheme established for certain employees of the Secret Intelligence Service which came into operation on 1 January 1946 and was amended on 1 September 1957 and 1 July 1964.

(3) Subsection (1)—

(a) does not affect the continued operation after 31 March 2022 of any arrangements entered into on or before that date;

(b) does not apply to arrangements entered into by virtue of section 25 or 60 (remedial arrangements to pay voluntary contributions).

Employer cost cap

Amendments relating to employer cost cap

92

(1) Section 12 of PSPA 2013 (employer cost cap) is amended in accordance with subsections (2) to (9).

(2) After subsection (1) insert—

(1A) Subsection (1) must be complied with before the end of the period of one year beginning with the day on which the scheme’s first valuation under section 11 is completed.

(3) For subsection (2) substitute—

(2) A reference in this section to “the employer cost cap” of a scheme under section 1 is a reference to the rate set by virtue of subsection (1) in relation to the scheme.

(4) In subsection (3)—

(a) after “cap” insert “of a scheme under section 1”;

(b) after “set” insert “, and the changes in the cost of such a scheme are to be measured,”.

(5) In subsection (4)—

(a) in paragraph (a), for “the cap” substitute “the employer cost cap of the scheme”;

(b) in paragraph (b)—

(i) for “subsequent valuations” insert “the second or any subsequent valuation”;

(ii) for “the cap” substitute “the employer cost cap of the scheme”;

(i) for “the extent to which” substitute “whether and if so to what extent”;

(ii) for “of this section” substitute “mentioned in paragraph (b)”;

(d) after paragraph (c) insert—

(d) that the data, methodologies and assumptions that are to be used for the purposes mentioned in paragraph (b) are to relate, to any extent, to— (i) the growth in the economy, or any sector of the economy, of the United Kingdom or any part of the United Kingdom, (ii) the growth in earnings of any group of persons over any period, or (iii) the rate of inflation (however measured) over any period.

(6) After subsection (4) insert—

(4A) The power to give directions by virtue of subsection (4)(d) is not affected by any statement made before 27 May 2021 by the Treasury, or any Minister of the Crown, relating to the data, methodologies and assumptions that are, or are not, to be used for the purposes mentioned in subsection (4)(b).

(7) In subsection (5)(a) for “(and any connected scheme)” substitute “(determined, if and so far as provided for by virtue of subsection (4)(c), taking into account the costs of any connected scheme)”.

(8) In subsection (6), in the opening words—

(a) for “the scheme” substitute “a scheme under section 1”;

(b) for “the margins” substitute “either of the margins specified under subsection (5)(a)”.

(9) After subsection (7) insert—

(7A) Treasury directions may specify the time at which any increase or decrease of members’ benefits or contributions that is provided for under subsection (6) is to take effect. (7B) Treasury directions may require that provision contained in scheme regulations under subsection (6) permits steps to be— (a) agreed by virtue of paragraph (a) of that subsection, or (b) determined by virtue of paragraph (b) of that subsection, only after the scheme actuary has certified that the steps would, if taken, achieve the target cost for the scheme. (7C) Treasury directions under subsection (7B) may specify— (a) the costs or changes in costs that are to be taken into account, or (b) the data, methodologies and assumptions that are to be used, for the purposes of determining whether any steps would, if taken, achieve the target cost for the scheme. (7D) In subsection (7B) “the scheme actuary”, in relation to a scheme under section 1, means the actuary who carried out, or is for the time being exercising actuarial functions in relation to, the valuation under section 11 by reference to which it has been determined that the costs of the scheme have gone, or may go, beyond either of the margins specified under subsection (5)(a).

(10) Section 12 of PSPA(NI) 2014 (employer cost cap) is amended in accordance with subsections (11) to (19).

(11) After subsection (1) insert—

(1A) Subsection (1) must be complied with before the end of the period of one year beginning with the day on which the scheme’s first valuation under section 11 is completed.

(12) For subsection (2) substitute—

(2) A reference in this section to “the employer cost cap” of a scheme under section 1 is a reference to the rate set by virtue of subsection (1) in relation to the scheme.

(13) In subsection (3)—

(a) after “cap” insert “of a scheme under section 1”;

(b) after “set” insert “, and the changes in the cost of such a scheme are to be measured,”.

(14) In subsection (4)—

(a) in paragraph (a), for “the cap” substitute “the employer cost cap of the scheme ”;

(b) in paragraph (b)—

(i) for “subsequent valuations” insert “the second or any subsequent valuation”;

(ii) for “the cap” substitute “the employer cost cap of the scheme”;

(i) for “the extent to which” substitute “whether and if so to what extent”;

(ii) for “of this section” substitute “mentioned in paragraph (b)”;

(d) after paragraph (c) insert—

(d) that the data, methodologies and assumptions that are to be used for the purposes mentioned in paragraph (b) are to relate, to any extent, to— (i) the growth in the economy, or any sector of the economy, of the United Kingdom or any part of the United Kingdom, (ii) the growth in earnings of any group of persons over any period, or (iii) the rate of inflation (however measured) over any period.

(15) After subsection (4) insert—

(4A) The power to give directions by virtue of subsection (4)(d) is not affected by any statement made before 27 May 2021 by the Department of Finance, or any other department, relating to the data, methodologies and assumptions that are, or are not, to be used for the purposes mentioned in subsection (4)(b).

(16) In subsection (5)(a), for “(and any connected scheme)” substitute “(determined, if and so far as provided for by virtue of subsection (4)(c), taking into account the costs of any connected scheme)”.

(17) In subsection (6), in the opening words—

(a) for “the scheme” substitute “a scheme under section 1”;

(b) for “the margins” substitute “either of the margins specified under subsection (5)(a)”.

(18) After subsection (7) insert—

(7A) Directions given by the Department of Finance may specify the time at which any increase or decrease of members’ benefits or contributions that is provided for under subsection (6) is to take effect. (7B) Directions given by the Department of Finance may require that provision contained in scheme regulations under subsection (6) permits steps to be— (a) agreed by virtue of paragraph (a) of that subsection, or (b) determined by virtue of paragraph (b) of that subsection, only after the scheme actuary has certified that the steps would, if taken, achieve the target cost for the scheme. (7C) Directions under subsection (7B) may specify— (a) the costs or changes in costs that are to be taken into account, or (b) the data, methodologies and assumptions that are to be used, for the purposes of determining whether any steps would, if taken, achieve the target cost for the scheme. (7D) In subsection (7B) “the scheme actuary”, in relation to a scheme under section 1, means the actuary who carried out, or is for the time being exercising actuarial functions in relation to, the valuation under section 11 by reference to which it has been determined that the costs of the scheme have gone, or may go, beyond either of the margins specified under subsection (5)(a).

(19) In subsections (3), (4), (5), (8), (9) and (10) omit “and Personnel”.

Operation of employer cost cap in relation to 2016/17 valuation

93

(1) The requirement in provision made under section 12(5)(a) of PSPA 2013 that the cost of a section 1 scheme must remain within a margin above the employer cost cap of the scheme does not apply, and is treated as never having applied, in relation to the cost of the scheme that is calculated by reference to the scheme’s 2016/17 valuation.

(2) Accordingly, provision made under section 12(6) of that Act does not apply, and is treated as never having applied, in relation to a case in which the cost of a section 1 scheme that is calculated by reference to the scheme’s 2016/17 valuation goes beyond a margin above the employer cost cap of the scheme.

(3) In subsections (1) and (2) and this subsection—

(a) “section 1 scheme” means a scheme under section 1 of PSPA 2013;

(b) “the employer cost cap”, in relation to a section 1 scheme, has the same meaning as in section 12 of PSPA 2013;

(c) a reference to a section 1 scheme’s “2016/17 valuation” is to the scheme’s valuation under section 11 of PSPA 2013 the effective date of which is a date in 2016 or 2017.

(4) The requirement in provision made under section 12(5)(a) of PSPA(NI) 2014 that the cost of a section 1 scheme must remain within a margin above the employer cost cap of the scheme does not apply, and is treated as never having applied, in relation to the cost of the scheme that is calculated by reference to the scheme’s 2016/17 valuation.

(5) Accordingly, provision made under section 12(6) of that Act does not apply, and is treated as never having applied, in relation to a case in which the cost of a section 1 scheme that is calculated by reference to the scheme’s 2016/17 valuation goes beyond a margin above the employer cost cap of the scheme.

(6) In subsections (4) and (5) and this subsection—

(a) “section 1 scheme” means a scheme under section 1 of PSPA(NI) 2014;

(b) “the employer cost cap”, in relation to a section 1 scheme, has the same meaning as in section 12 of PSPA(NI) 2014;

(c) a reference to a section 1 scheme’s “2016/17 valuation” is to the scheme’s valuation under section 11 of PSPA(NI) 2014 the effective date of which is a date in 2016 or 2017.

(7) The actuarial valuation with an effective date of 31 March 2016 that was signed on 18 December 2018 under regulation 123 of the Local Government Pension Scheme Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No. 188) is of no effect.

Other amendments of PSPA 2013 and PSPA(NI) 2014

Amendments relating to scheme regulations

94

(1) Section 3 of PSPA 2013 (scheme regulations) is amended in accordance with subsections (2) to (6).

(2) In subsection (1) after “this Act” insert “and Part 1 of PSPJOA 2022”.

(3) In subsection (2), after paragraph (b) insert—

(c) consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.

(4) After subsection (4) insert—

(4A) In subsection (2)(c)— (a) the reference to consequential provision includes consequential provision amending any primary legislation passed before or in the same session as PSPJOA 2022 (as well as consequential provision amending any secondary legislation); (b) the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation). (4B) See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.

(5) In subsection (6) omit paragraph (b).

(6) After subsection (6) insert—

(7) A Treasury order may amend this section so as to add, remove or vary exceptions to the requirement in subsection (5). (8) A Treasury order under subsection (7) is subject to the negative procedure.

(7) In section 8 of PSPA 2013 (types of scheme), after subsection (4) insert—

(4A) The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).

(8) In section 21 of PSPA 2013 (consultation), after subsection (3) insert—

(4) Subsection (1) may, in relation to provision contained in scheme regulations— (a) under any provision contained in Part 1 of PSPJOA 2022, or (b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022), be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).

(9) In section 23 of PSPA 2013 (procedure for retrospective provision), after subsection (5) insert—

(6) This section does not apply in relation to provision contained in scheme regulations that is made— (a) under any provision contained in Part 1 of PSPJOA 2022, or (b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).

(10) In section 37 of PSPA 2013 (general interpretation), at the appropriate place insert—

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

(11) Section 3 of PSPA(NI) 2014 (scheme regulations) is amended in accordance with subsections (12) to (14).

(12) In subsection (1), after “this Act” insert “and Part 1 of PSPJOA 2022”.

(13) In subsection (2), after paragraph (b) insert—

(c) consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.

(14) After subsection (4) insert—

(4A) In subsection (2)(c)— (a) the reference to consequential provision includes consequential provision amending any primary legislation made or passed before or within the period of 12 months from the date on which PSPJOA 2022 receives Royal Assent (as well as consequential provision amending any secondary legislation); (b) the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation). (4B) See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.

(15) In section 8 of PSPA(NI) 2014 (types of scheme), after subsection (4) insert—

(4A) The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).

(16) In section 21 of PSPA(NI) 2014 (consultation), after subsection (3) insert—

(4) Subsection (1) may, in relation to provision contained in scheme regulations— (a) under any provision contained in Part 1 of PSPJOA 2022, or (b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022), be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).

(17) In section 23 of PSPA(NI) 2014 (procedure for retrospective provision), after subsection (5) insert—

(6) This section does not apply in relation to provision contained in scheme regulations that is made— (a) under any provision contained in Part 1 of PSPJOA 2022, or (b) under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).

(18) In section 34 of PSPA(NI) 2014 (general interpretation), at the appropriate place insert—

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

Amendments relating to the establishment or restriction of schemes

95

(1) PSPA 2013 is amended in accordance with subsections (2) to (7).

(2) In section 4 (scheme manager)—

(a) after subsection (3) insert—

(3A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1, and (b) a scheme manager is provided for under subsection (1) in scheme regulations for that other scheme.

(b) after subsection (6) insert—

(6A) The reference in subsection (6) to a statutory pension scheme includes a statutory pension scheme established (under section 1 or otherwise) after the establishment of the scheme under section 1 mentioned in that subsection.

(3) In section 5 (pension board), after subsection (2) insert—

(2A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1, and (b) a pension board is provided for under subsection (1) in scheme regulations for that other scheme.

(4) In section 7 (scheme advisory board)—

(a) in subsection (1), for “on the desirability of changes to the scheme” substitute

on— (a) the desirability of changes to the scheme, or (b) the desirability of changes to any other scheme under section 1 which— (i) is connected with it, and (ii) is not an injury or compensation scheme.

(b) after subsection (1) insert—

(1A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1 which is not an injury or compensation scheme, and (b) a scheme advisory board is provided for under subsection (1) in scheme regulations for that other scheme.

(5) In section 11 (valuations), after subsection (1) insert—

(1A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1, and (b) actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.

(6) After section 12 insert—

(12A) (1) Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies. (2) Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies. (3) This section applies to a scheme under section 1 which— (a) is a restricted scheme, and (b) is specified for the purposes of this section in Treasury regulations. (4) For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any enactment restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time. (5) Treasury regulations under this section may include consequential or supplementary provision. (6) Treasury regulations under this section are subject to the negative Commons procedure.

(7) In section 30 (new public body pension schemes), in subsection (1)(e), for “and 12” substitute “to 12A”.

(8) PSPA(NI) 2014 is amended in accordance with subsections (9) to (15).

(9) In section 4 (scheme manager)—

(a) after subsection (3) insert—

(3A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1, and (b) a scheme manager is provided for under subsection (1) in scheme regulations for that other scheme.

(b) after subsection (6) insert—

(6A) The reference in subsection (6) to a statutory pension scheme includes a statutory pension scheme established (under section 1 or otherwise) after the establishment of the scheme under section 1 mentioned in that subsection.

(10) In section 5 (pension board)—

(a) in subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”;

(b) after subsection (2) insert—

(2A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1, and (b) a pension board is provided for under subsection (1) in scheme regulations for that other scheme.

(11) In section 7 (scheme advisory board)—

(a) in subsection (1), for “on the desirability of changes to the scheme” substitute

on— (a) the desirability of changes to the scheme, or (b) the desirability of changes to any other scheme under section 1 which— (i) is connected with it, and (ii) is not an injury or compensation scheme.

(b) after subsection (1) insert—

(1A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1 which is not an injury or compensation scheme, and (b) a scheme advisory board is provided for under subsection (1) in scheme regulations for that other scheme.

(12) In section 11 (valuations), after subsection (1) insert—

(1A) Subsection (1) does not apply to a scheme under section 1 if— (a) the scheme is connected with another scheme under section 1, and (b) actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.

(13) After section 12 insert—

(12A) (1) Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies. (2) Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies. (3) This section applies to a scheme under section 1 which— (a) is a restricted scheme, and (b) is specified for the purposes of this section in regulations made by the Department of Finance. (4) For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any statutory provision restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time. (5) Regulations made by the Department of Finance under this section may include consequential or supplementary provision. (6) Regulations made by the Department of Finance under this section are subject to negative resolution.

(14) In section 31 (new public body pension schemes), in subsection (1)(e), for “and 12” substitute “to 12A”.

(15) In section 34 (general interpretation), at the appropriate place insert—

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

Amendments relating to the Secret Intelligence Service etc

96

(1) PSPA 2013 is amended in accordance with subsections (2) to (4).

(2) In section 18 (restriction of existing pension schemes)—

(a) in subsection (4), after paragraph (a) insert—

(aa) 31 March 2016 for an existing scheme which is a relevant Agency scheme, and

(b) in subsection (10) after “subsection (4)” insert

— - “relevant Agency scheme” means regulations under section 1 of the Superannuation Act 1972 which relate to staff of the Secret Intelligence Service or Security Service;

(3) In Schedule 5 (existing schemes), in paragraph 1 omit “other than a scheme which relates to staff of the Secret Intelligence Service or Security Service”.

(4) In Schedule 10 (public bodies whose pension schemes must be restricted) omit paragraphs 10 and 11.

(5) In consequence of the amendment made by subsection (3), in PSA 2015 omit section 80 (public service pension schemes).

(6) Any provision of subordinate legislation that—

(a) was, at any time before the coming into force of this section, made (or purportedly made) in relation to a relevant Agency scheme under—

(i) section 18 of PSPA 2013 (restriction of existing pension schemes), or

(ii) section 31 of that Act (restriction of certain existing public body pension schemes), and

(b) could have been made under section 18 of that Act if the amendments made by subsections (1) to (4) had been in force at that time,

is treated as having been made under section 18 of that Act.

(7) In subsection (6) “relevant Agency scheme” means regulations under section 1 of SA 1972 which relate to staff of the Secret Intelligence Service or Security Service.

Amendments relating to the judiciary

97

(1) PSPA 2013 is amended in accordance with subsections (2) and (3).

(2) After section 25 (extension of schemes) insert—

(25A) (1) Subsection (2) applies where— (a) scheme regulations come into force establishing a scheme under section 1 for the judiciary, and (b) subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “the judiciary”). (2) Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force. (3) This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).

(3) In Schedule 1 (persons in public service: definitions), in paragraph 2 (judiciary), for sub-paragraphs (2) and (3) substitute—

(2) An order under sub-paragraph (1) that specifies a devolved office in or as regards Scotland or Northern Ireland may only be made at the request of the relevant national authority. (3) In sub-paragraph (2), “relevant national authority” means— (a) in relation to a devolved office within paragraph (a) of the definition of “devolved office” in section 37, the Department of Justice in Northern Ireland; (b) in relation to a devolved office within paragraph (b) of the definition of “devolved office” in section 37, the Scottish Ministers. (4) An order under sub-paragraph (1) is subject to the negative procedure.

(4) PSPA(NI) 2014 is amended in accordance with subsection (5).

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