Public Service Pensions and Judicial Offices Act 2022

• (5) 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 holders of judicial office, 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 “holders of judicial office”). (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).

Amendments relating to non-scheme benefits

98

• (1) Section 26 of PSPA 2013 (non-scheme benefits) is amended in accordance with subsections (2) and (3).

• (2) In subsection (1), for paragraphs (a) and (b) substitute—

(a) persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and (b) persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).

• (3) After subsection (2) insert—

(3) For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account. (4) In this section— - “occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act 2015) that is an occupational pension scheme within the meaning of the Pension Schemes Act 1993 (see section 1 of that Act); - “partnership pension account”, in relation to a person in service in an employment or office, means—a stakeholder pension scheme,a personal pension scheme, oran occupational defined contributions scheme,to which the person’s employer is paying contributions; - “personal pension scheme” has the same meaning as in the Pension Schemes Act 1993 (see section 1 of that Act); - “stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 of the Welfare Reform and Pensions Act 1999 (see section 1 of that Act).

• (4) Section 26 of PSPA(NI) 2014 (non-scheme benefits) is amended in accordance with subsections (5) and (6).

• (5) In subsection (1), for paragraphs (a) and (b) substitute—

(a) persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and (b) persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).

• (6) After subsection (2) insert—

(3) For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account. (4) In this section— - “occupational defined contributions scheme” means a defined contributions scheme (within the meaning given by section 4 of the Pension Schemes Act (Northern Ireland) 2016) that is an occupational pension scheme within the meaning of Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act); - “partnership pension account”, in relation to a person in service in an employment or office, means—a stakeholder pension scheme,a personal pension scheme, oran occupational defined contributions scheme,to which the person’s employer is paying contributions; - “personal pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (see section 1 of that Act); - “stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 2 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (see Article 3 of that Order).

Amendments relating to pension schemes for members of the Senedd

99

In section 30 of PSPA 2013 (new public body pension schemes), after subsection (4) insert—

(4A) The following provisions of this section do not apply to a new public body pension scheme which is made under section 20(3) of the Government of Wales Act 2006 (remuneration of members of the Senedd: pensions)— (a) subsection (1)(e) (cost control); (b) subsection (3) (Treasury consent).

Guidance to public service pension scheme managers on investment decisions

100

• (1) The Public Service Pensions Act 2013 is amended in accordance with subsection (2).

• (2) In Schedule 3, in paragraph 12(a), at end insert “including guidance or directions on investment decisions which it is not proper for the scheme manager to make in light of UK foreign and defence policy”.

Miscellaneous

Power of Treasury to make scheme for compensation

101

• (1) The Treasury may by regulations make provision for a compensation scheme under which amounts are paid by way of compensation in respect of compensatable losses incurred by relevant members.

• (2) The provision that may be made under subsection (1) includes—

• (a) provision appointing a body to administer the scheme;

• (b) provision establishing a body for that purpose and making such provision in relation to the appointment of members, staffing, expenditure, procedure and otherwise as the Treasury consider appropriate;

• (c) provision allowing the body administering the scheme to exercise a discretion;

• (d) provision conferring power on the Treasury to give guidance or directions to the body administering the scheme;

• (e) any provision that could be included in—

• (i) regulations made by virtue of section 26 (interest and process) in relation to amounts payable under section 23 (power to pay compensation), or

• (ii) regulations made by virtue of section 61 (interest and process) in relation to amounts payable under section 59 (power to pay compensation).

• (3) In this section “compensatable loss” means—

• (a) a compensatable loss for the purposes of section 23 (power to pay compensation under Chapter 1),

• (b) a compensatable loss for the purposes of section 59 (power to pay compensation under Chapter 2), or

• (c) a compensatable loss for the purposes of section 82 (power to pay compensation under Chapter 3).

• (4) In this section “relevant member” means—

• (a) a member of a Chapter 1 legacy scheme within section 33(2)(a) or (3)(a) who has remediable service that is pensionable service under the scheme,

• (b) a member of a judicial scheme within section 70(2)(a), (4)(a) or (5) who has remediable service that is pensionable service under the scheme, or

• (c) a member of a local government new scheme within section 86(2)(a) who has remediable service that is pensionable service under the scheme.

• (5) In subsection (4)—

• (a) in paragraph (a), “Chapter 1 legacy scheme” and “remediable service” have the same meaning as in Chapter 1;

• (b) in paragraph (b), “judicial scheme” and “remediable service” have the same meaning as in Chapter 2;

• (c) in paragraph (c), “local government new scheme” and “remediable service” have the same meaning as in Chapter 3.

• (6) Regulations under this section are subject to the negative procedure.

Power of Department of Finance to make scheme for compensation

102

• (1) The Department of Finance in Northern Ireland may by regulations make provision for a compensation scheme under which amounts are paid by way of compensation in respect of compensatable losses incurred by relevant members.

• (2) The provision that may be made under subsection (1) includes—

• (a) provision appointing a body to administer the scheme;

• (b) provision establishing a body for that purpose and making such provision in relation to the appointment of members, staffing, expenditure, procedure and otherwise as the Department of Finance in Northern Ireland considers appropriate;

• (c) provision allowing the body administering the scheme to exercise a discretion;

• (d) provision conferring power on the Department of Finance in Northern Ireland to give guidance or directions to the body administering the scheme;

• (e) any provision that could be included in—

• (i) regulations made by virtue of section 26 (interest and process) in relation to amounts payable under section 23 (power to pay compensation), or

• (ii) regulations made by virtue of section 61 (interest and process) in relation to amounts payable under section 59 (power to pay compensation).

• (3) In this section “compensatable loss” means—

• (a) a compensatable loss for the purposes of section 23 (power to pay compensation under Chapter 1),

• (b) a compensatable loss for the purposes of section 59 (power to pay compensation under Chapter 2), or

• (c) a compensatable loss for the purposes of section 82 (power to pay compensation under Chapter 3).

• (4) In this section “relevant member” means—

• (a) a member of a Chapter 1 legacy scheme within section 33(2)(b) or (3)(b) who has remediable service that is pensionable service under the scheme,

• (b) a member of a judicial scheme within section 70(2)(b) or (4)(b) who has remediable service that is pensionable service under the scheme, or

• (c) a member of a local government new scheme within section 86(2)(b) who has remediable service that is pensionable service under the scheme.

• (5) In subsection (4)—

• (a) in paragraph (a), “Chapter 1 legacy scheme” and “remediable service” have the same meaning as in Chapter 1;

• (b) in paragraph (b), “judicial scheme” and “remediable service” have the same meaning as in Chapter 2;

• (c) in paragraph (c), “local government new scheme” and “remediable service” have the same meaning as in Chapter 3.

• (6) Regulations under this section are subject to the negative procedure.

Power to make provision in relation to certain fee-paid judges

103

• (1) Scheme regulations for a judicial scheme may make provision for the purpose of putting relevant fee-paid judges, so far as possible, in the position they would have been in if they had always been recognised as being full protection members of a judicial legacy scheme.

• (2) The provision that may be made under subsection (1) includes in particular—

• (a) provision about the amount of benefits to which a person is or was entitled in respect of pensionable service;

• (b) provision about pension contributions a person is or was required to pay to the scheme in respect of pensionable service;

• (c) provision about cases in which voluntary contributions have been paid to a judicial 2015 scheme (including provision under which rights to benefits referable to the contributions are retained in the judicial 2015 scheme);

• (d) provision about cases in which a person has transferred rights into a judicial 2015 scheme (including provision under which the rights are retained in the judicial 2015 scheme);

• (e) provision about cases in which a person has a partnership pension account;

• (f) provision about cases in which a person has partially retired;

• (g) provision enabling a scheme manager to pay amounts by way of compensation, including provision requiring an employer in relation to the scheme to reimburse the scheme manager for such amounts;

• (h) provision corresponding or similar to any provision of or made under—

• (i) section 53 (effective pension age payments);

• (ii) section 54 (transitional protection allowance);

• (iii) section 55 (power to reduce benefits in lieu of paying liabilities owed to the scheme);

• (iv) section 56 (powers to reduce or waive liabilities);

• (v) section 57 (pension credit members);

• (vi) section 61 (interest and process).

• (3) For the purposes of this section a person (“P”) is a “relevant fee-paid judge” if—

• (a) on 31 March 2012—

• (i) P held a fee-paid judicial office, and

• (ii) did not hold a salaried judicial office,

• (b) on 1 April 2012, P was aged 55 or over,

• (c) at any time in the period beginning with 1 April 2012 and ending with the day before the relevant date, P held a salaried judicial office, and

• (d) either—

• (i) on the relevant date, P did not hold a fee-paid judicial office, or

• (ii) the condition in regulation 8(2)(a) of the judicial legacy fee-paid scheme (members) is not met in relation to P and the fee-paid judicial office mentioned in paragraph (a)(i).

• (4) In this section “full protection member”—

• (a) in relation to a judicial office within section 71(1)(a) or (b), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations 2015 (S.I. 2015/182) (see paragraph 1 of that Schedule), or

• (b) in relation to a judicial office within section 71(1)(c), has the same meaning as in Schedule 2 to the Judicial Pensions Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 76) (see paragraph 1 of that Schedule).

• (5) In this section “the relevant date”—

• (a) in relation to a judicial office within section 71(1)(a) or (b), means 2 December 2012;

• (b) in relation to a judicial office within section 71(1)(c), means 1 February 2013.

• (6) Expressions used in this section have the same meaning as in Chapter 2.

HMRC information-sharing and other functions relating to compensation etc

104

• (1) HMRC (or anyone acting on their behalf) may—

• (a) exchange information with a relevant person for the purpose of facilitating the exercise of any compensation function, or

• (b) do anything else which they think necessary or expedient for that purpose.

• (2) A person to whom HMRC discloses information under this section—

• (a) may use it only for the purpose for which it was disclosed, and

• (b) may not further disclose it without the consent of HMRC (which may be general or specific).

• (3) Where a person contravenes subsection (2)(b) by disclosing information relating to a person whose identity—

• (a) is specified in the disclosure, or

• (b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.

• (4) Nothing in this section authorises a disclosure of information if the disclosure would contravene the data protection legislation or would be prohibited by the investigatory powers legislation (but in determining whether a disclosure would do either of those things, the power conferred by this section is to be taken into account).

• (5) Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of the Commissioners for Revenue and Customs Act 2005 or under any other enactment or rule of law.

• (6) In this section—

• “compensation function” means a function that relates to—the payment of compensation, contributions, benefits or other amounts to or in respect of a person by virtue of a provision made by or under this Part, orthe reduction or waiving of a person’s liability to pay an amount by virtue of such a provision;

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• “the investigatory powers legislation” means Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016;

• “relevant person” means a person—who exercises a compensation function,to or in respect of whom compensation, contributions, benefits or other amounts is or are payable by virtue of a provision made by or under this Part, orwhose liability to pay an amount may be reduced or waived by virtue of such a provision.

Section 91 of Pensions Act 1995 and section 356 of Armed Forces Act 2006

105

• (1) Subsection (2) applies in relation to any reference in section 91 of PA 1995 or Article 89 of P(NI)O 1995 (inalienability of occupational pension) to—

• (a) assigning, commuting or surrendering an entitlement to a pension or a right to a future pension, or

• (b) the exercise of a set-off in respect of such an entitlement or right.

• (2) The reference does not include—

• (a) anything done under or by virtue of this Part of this Act, or

• (b) the surrender of an entitlement or right under a pension scheme—

• (i) for the purpose of meeting a condition by virtue of section 5(5)(b) (Chapter 1: surrender of rights required as condition for inclusion of opted-out service in remedy), or

• (ii) in the course of taking the steps mentioned in section 41(3) or (6) (Chapter 2: partnership pension account: requirement to transfer assets and surrender rights).

• (3) Subsection (4) applies in relation to any reference in section 356 of the Armed Forces Act 2006 (avoidance of assignment of, or charge on, pay and pensions etc) to an assignment (or, in Scotland, assignation) of, or an agreement to assign, any relevant pay or pension (within the meaning of that section).

• (4) The reference does not include anything done under or by virtue of this Part of this Act.

Minor amendment

106

In JUPRA 1993, in section 2 (judicial officer’s entitlement to a pension), in subsection (7A), for “(2)(c)” substitute “(7)(c)”.

Parliamentary procedure for judicial schemes: transitory provision

107

• (1) This section applies to scheme regulations for a scheme relating to the judiciary that are made at any time within the period of one month beginning with the day on which this Act is passed.

• (2) A statutory instrument containing scheme regulations to which this section applies must be laid before Parliament after being made.

• (3) Regulations contained in a statutory instrument laid before Parliament under subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

• (4) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

• (a) Parliament is dissolved or prorogued, or

• (b) either House of Parliament is adjourned for more than four days.

• (5) If regulations cease to have effect as a result of subsection (3), that does not—

• (a) affect the validity of anything previously done under the regulations, or

• (b) prevent the making of new regulations.

• (6) If regulations otherwise subject to the negative procedure are combined with scheme regulations to which this section applies, the combined regulations are subject to the procedure set out in this section.

• (7) Section 24 of PSPA 2013 (other procedure) does not apply to scheme regulations to which this section applies.

• (8) In this section, the following expressions have the same meaning as in PSPA 2013—

• “the judiciary” (see paragraph 2 of Schedule 1 to that Act);

• “negative procedure” (see section 38(3) of that Act);

• “scheme” (see section 37 of that Act);

• “scheme regulations” (see section 1(4) of that Act).

Power to make consequential provision

108

• (1) The Treasury may by regulations make provision that is consequential on this Part.

• (2) Regulations under this section may make retrospective provision.

• (3) Regulations under this section may amend, repeal, revoke or otherwise modify provision made by an enactment.

• (4) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative procedure.

• (5) Any other regulations under this section are subject to the negative procedure.

• (6) In this section “primary legislation” means—

• (a) an Act;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an Act of the Scottish Parliament;

• (d) a Measure or Act of Senedd Cymru;

• (e) Northern Ireland legislation.

Interpretation of Part

Meaning of “member” etc

109

• (1) In this Part “member”, in relation to a pension scheme, means a member of the scheme of any description (whether or not in pensionable service or in receipt of a pension) and includes a deceased member.

• (2) For the purposes of this Part a person is an “active member” of a pension scheme in relation to their service in an employment or office if—

• (a) there are presently arrangements made under the pension scheme for the accrual of benefits to or in respect of the person that are calculated by reference to the person’s service in that employment or office, and

• (b) the person is not a pensioner member of the scheme in relation to that employment or office.

• (3) For the purposes of this Part a person is a “pensioner member” of a pension scheme in relation to their service in an employment or office if the person is entitled to the present payment of benefits under the scheme that are calculated by reference to the person’s service in that employment or office.

• (4) For the purposes of this Part a person is a “deferred member” of a pension scheme in relation to their service in an employment or office if—

• (a) the person has accrued rights under the pension scheme, and

• (b) the person is neither an active member of the scheme, nor a pensioner member of the scheme, in relation to that employment or office.

Interpretation of Part

110

• (1) In this Part—

• “accrual rate”, in relation to a pension scheme, means the rate at which rights to benefits accrue over time by reference to periods of pensionable service;

• “active member” has the meaning given by section 109;

• “connected” means—connected within the meaning of PSPA 2013 (see section 4(6) and (7) of that Act), orconnected within the meaning of PSPA(NI) 2014 (see section 4(6) and (7) of that Act);

• “continuous period of service”, in relation to an employment or office, means a period of service in that employment or office that does not include a gap in service;

• “deferred member” has the meaning given by section 109;

• “EA 2010” means the Equality Act 2010;

• “EEAR(NI) 2006” means the Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. (N.I.) 2006 No. 261);

• “employer”, in relation to a pension scheme, means—any employer of persons to whom the scheme relates,the person responsible for the remuneration of an office-holder to whom the scheme relates, orsuch other persons (in addition to, or instead of, any person falling within paragraph (a) or (b)) as scheme regulations or (in the case of a public body pension scheme) the rules of the scheme may provide;

• “employment”: references to a person’s service in an employment include, in relation to a health service worker, any service of the person that, if the person were in pensionable service under a scheme under section 1 of PSPA 2013, or section 1 of PSPA(NI) 2014, for health service workers, would be pensionable service under the scheme;

• “enactment” includes—an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, andan enactment comprised in, or in an instrument made under, Northern Ireland legislation;

• “entitled”: section 165(3)(b) of FA 2004 (time when person becomes “entitled” to pension) applies for the purposes of this Part as it applies for the purposes of Part 4 of that Act (reading the reference to a registered pension scheme as a reference to any pension scheme);

• “excess teacher service” has the meaning given by subsection (2);

• “FA 2004” means the Finance Act 2004;

• “Fair Deal scheme” means—a pension scheme that, in accordance with the Fair Deal Statement of Practice, has been certified by the Government Actuary’s Department as offering, to persons who have been subject to a Fair Deal transfer, pension arrangements that are broadly comparable with those offered to them before the transfer, ora pension scheme in relation to which the obligation to give such a certificate has been waived in accordance with that statement of practice;

• “Fair Deal Statement of Practice” means the statement of practice entitled “Staff Transfers in the Public Sector” issued by the Cabinet Office in January 2000, as supplemented and modified from time to time;

• “Fair Deal transfer” means a transfer of a person’s employment from a public sector employer to a private sector employer in accordance with the Fair Deal Statement of Practice;

• “health service workers” means—health service workers within the meaning of PSPA 2013 (see paragraph 5 of Schedule 1 to that Act), orhealth service workers within the meaning of PSPA(NI) 2014 (see paragraph 5 of Schedule 1 to that Act);

• “HMRC” means Her Majesty’s Revenue and Customs;

• “JUPRA 1993” means the Judicial Pensions and Retirement Act 1993;

• “local government contracting-out transfer” means a transfer of a person’s employment that was required to be conducted—in accordance with directions given, and having regard to guidance issued, for the purposes of section 101(1) of the Local Government Act 2003 (contracting out: staff transfer matters), orhaving regard to guidance issued for the purposes of section 52 of the Local Government in Scotland Act 2003 (asp 1) (guidance on contractual matters);

• “member” has the meaning given by section 109;

• “normal pension age” means normal pension age within the meaning of PSPA 2013 (see section 10(5) of that Act) or PSPA(NI) 2014 (see section 10(10) of that Act);

• “occupational defined contributions scheme” means—a defined contributions scheme (within the meaning given by section 4 of PSA 2015) that is an occupational pension scheme within the meaning of PSA 1993 (see section 1 of that Act), ora defined contributions scheme (within the meaning given by section 4 of PSA(NI) 2016) that is an occupational pension scheme within the meaning of PS(NI)A 1993 (see section 1 of that Act);

• “PA 1995” means the Pensions Act 1995;

• “P(NI)O 1995” means the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22));

• “partnership pension account”, in relation to a person in service in an employment or office, means—a stakeholder pension scheme,a personal pension scheme, oran occupational defined contributions scheme,to which the person‘s employer is paying contributions;

• “pension contributions”, in relation to a pension scheme, means—contributions that a member of the scheme or the employer is required under the scheme to pay to the scheme, oramounts that a person is required under or by virtue of this Part to pay to the scheme by way of pension contributions;

• “pension scheme” means a scheme for the payment of pensions or other benefits to or in respect of persons with service of a particular description;

• “pensionable earnings”, in relation to a pension scheme and a member of it, means earnings by reference to which a pension or other benefits under the scheme are calculated;

• “pensionable service”, in relation to a pension scheme, means service which qualifies a person to a pension or other benefits under that scheme;

• “pensioner member” has the meaning given by section 109;

• “personal pension scheme” means a personal pension scheme within the meaning of PSA 1993 (see section 1 of that Act) or PS(NI)A 1993 (see section 1 of that Act);

• “PSA 1993” means the Pension Schemes Act 1993;

• “PS(NI)A 1993” means the Pension Schemes (Northern Ireland) Act 1993;

• “PSA 2015” means the Pension Schemes Act 2015;

• “PSA(NI) 2016” means the Pension Schemes Act (Northern Ireland) 2016 (c.1 (N.I.));

• “PSPA 2013” means the Public Service Pensions Act 2013;

• “PSPA(NI) 2014” means the Public Service Pensions Act (Northern Ireland) 2014 (c. 2 (N.I.));

• “public body pension scheme” means a scheme which is a public body pension scheme for the purposes of PSPA 2013 (see section 30(5) of that Act) or PSPA(NI) 2014 (see section 31(4) of that Act);

• “SA 1972” means the Superannuation Act 1972;

• “scheme manager” has the meaning given by section 4 of PSPA 2013 or section 4 of PSPA(NI) 2014;

• “stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 of WRPA 1999 (see section 1 of that Act) or Part 2 of WRP(NI)O 1999 (see Article 3 of that Order);

• “teacher” means teacher within the meaning of PSPA 2013 (see paragraph 4 of Schedule 1 to that Act) or PSPA(NI) 2014 (see paragraph 4 of Schedule 1 to that Act);

• “voluntary contributions” means amounts that are paid to a pension scheme by a member of the scheme on a voluntary basis, in accordance with the scheme, for the purpose of securing additional benefits, or securing the earlier payment of benefits, under the scheme;

• “WRPA 1999” means the Welfare Reform and Pensions Act 1999;

• “WRP(NI)O 1999” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)).

• (2) In this Part “excess teacher service” means a person’s service in an employment or office as a teacher where (disregarding section 2(1))—

• (a) the service is pensionable service under a local government new scheme, or

• (b) the service—

• (i) is pensionable service under a Chapter 1 new scheme for teachers, and

• (ii) would have been pensionable service under a local government new scheme but for the person’s failure to meet a condition relating to the person’s attainment of normal pension age, or another specified age, by a specified date.

Service in an employment or office is “excess teacher service” if all of the service falls within paragraphs (a) and (b) (even if it does not all fall within only one of those paragraphs).

• (3) In subsection (2)—

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

• “local government new scheme” has the same meaning as in Chapter 3.

PART 2 — Pensions and Banking (Special Provisions) Act 2008 Bodies

New public pension schemes

Establishment of new public schemes and transfer of rights

111

• (1) The Treasury may by regulations establish one or more schemes (“new public schemes”) which provide for pensions or other benefits to be payable to or in respect of persons who are or have been members of the BBS Pension Scheme or the NRAM Pension Scheme.

• (2) The Treasury may by regulations make provision for the transfer of qualifying accrued rights to a new public scheme (without the need for any approval or consent to the transfer).

• (3) Regulations under subsection (2) may include provision for the discharge of liabilities in respect of qualifying accrued rights that are transferred.

• (4) In this Part—

• “qualifying accrued rights” means—any right to future benefits under the BBS Pension Scheme or the NRAM Pension Scheme which, at the qualifying time, has accrued to or in respect of a member of that scheme,any entitlement under the BBS Pension Scheme or the NRAM Pension Scheme to the present payment of a pension or other benefit which a member of the BBS Pension Scheme or the NRAM Pension Scheme has at the qualifying time, orany entitlement to benefits, or right to future benefits, under the BBS Pension Scheme or the NRAM Pension Scheme which a survivor of a member of the BBS Pension Scheme or the NRAM Pension Scheme has at the qualifying time in respect of the member;

• “the qualifying time” means the time immediately before the date specified or described in regulations made by the Treasury.

• (5) For the purposes of the definition of “qualifying accrued rights”—

• (a) references to pensions or other benefits (including future benefits) includes money purchase benefits, and

• (b) references to a right include a pension credit right.

• (6) Regulations under subsection (4) specifying or describing a date for the purposes of the definition of “the qualifying time” may make provision for the purposes of transfers of qualifying accrued rights generally, transfers of a particular description or a particular transfer.

New public schemes: further provision

112

• (1) A new public scheme may include provision—

• (a) for pensions or other benefits to be payable to or in respect of some or all persons described in section 111(1);

• (b) for the provision of money purchase benefits or benefits that are not money purchase benefits (or both);

• (c) for increasing in particular circumstances the amounts payable in respect of qualifying accrued rights;

• (d) for the payment or receipt of transfer values or other lump sum payments for the purpose of creating rights to benefits under a new public scheme or otherwise.

• (2) Regulations under section 111(1) may—

• (a) provide for a new public scheme to be treated as an occupational pension scheme, a previously contracted-out scheme or another type of occupational pension scheme for the purposes of an enactment specified or described in the regulations;

• (b) provide for the enactment to apply in relation to a new public scheme subject to modifications specified in the regulations.

• (3) Regulations under section 111(1) amending a new public scheme may make retrospective provision.

• (4) Regulations under section 111(1) may—

• (a) confer functions on the Treasury or another person;

• (b) provide for a person to exercise a discretion in dealing with a matter.

• (5) The Treasury may—

• (a) make arrangements for a new public scheme to be administered by any person;

• (b) delegate to any person a function exercisable by the Treasury under a new public scheme.

• (6) In this section, a “previously contracted-out scheme” means a scheme that before 6 April 2016 was a salary related contracted-out scheme within the meaning of Part 3 of the Pension Schemes Act 1993.

Protection against adverse treatment: transfer of rights

113

• (1) When making regulations under section 111 which transfer qualifying accrued rights to a new public scheme, the Treasury must ensure that the following requirements are met in respect of each person whose qualifying accrued rights are transferred—

• (a) the general scheme requirement (see subsection (2)), and

• (b) where the qualifying accrued rights transferred are a person’s rights or entitlements to money purchase benefits other than pensions in payment, the money purchase requirement (see subsection (3)).

• (2) The general scheme requirement is that, so far as relevant to the qualifying accrued rights transferred by the regulations, the provision in the new public scheme immediately after the regulations are made is in all material respects at least as good as the provision in the BBS Pension Scheme or the NRAM Pension Scheme (as appropriate) immediately before that time.

• (3) The money purchase requirement is that the value of the rights or entitlements to money purchase benefits, other than pensions in payment, that a person has under the new public scheme immediately after, and as a result of, the transfer is at least equivalent to the value of the qualifying accrued rights of the person that are transferred.

• (4) The Treasury may by regulations make provision about the determination of the value of rights or entitlements for the purposes of subsection (3).

• (5) Regulations under subsection (4) may, among other things—

• (a) make provision about the person by whom, and the manner in which, the value of rights or entitlements is to be determined,

• (b) make provision about the date or period by reference to which the value of the qualifying accrued rights transferred is to be determined (subject to subsection (6)), and

• (c) make provision that applies generally or only for a specific purpose (for example, in relation to a particular transfer).

• (6) Regulations under subsection (4) may not make provision for the value of the qualifying accrued rights transferred to be determined by reference to a date which falls, or a period which ends, more than three months before the transfer.

• (7) Subsection (1) does not require provision to be included in a new public scheme if the Treasury is of the opinion that the provision would be incompatible with an enactment (including an enactment applying as a result of any provision made by or under this Part).

• (8) Nothing in subsections (1) to (3) is to be read as—

• (a) requiring particular provisions of a new public scheme to take a particular form,

• (b) requiring a new public scheme to be established in a particular way,

• (c) requiring any power or duty conferred or imposed by a new public scheme to be exercised or performed in a particular way, or

• (d) affecting any power of any person to amend a new public scheme.

Protection against adverse treatment: amendment of new public schemes

114

• (1) The Treasury may not make regulations under section 111 amending a new public scheme unless—

• (a) in a case where the amendment, on coming into force, would or might adversely affect subsisting rights at that time, the consent requirements or the procedure requirements are satisfied in relation to the amendment, or

• (b) in any other case, the consultation requirements are satisfied in relation to the amendment.

• (2) The consent requirements are requirements specified or described in regulations made by the Treasury for the purpose of obtaining the consent of interested persons, or their representatives, to amendment of a new public scheme.

• (3) The consultation requirements are requirements specified or described in regulations made by the Treasury for the purpose of consulting interested persons, or their representatives, about amendment of a new public scheme.

• (4) The procedure requirements are requirements which—

• (a) are specified or described in regulations made by the Treasury for steps to be taken before amending a new public scheme, and

• (b) are not requirements for the purpose of obtaining the consent of, or consulting, interested persons or their representatives.

• (5) In this section, “subsisting rights”, in relation to any time, means—

• (a) any right to future benefits under a new public scheme which, at that time, has accrued to or in respect of a member of the scheme,

• (b) any entitlement under a new public scheme to the present payment of a pension or other benefit which a member of the scheme has at that time, or

• (c) any entitlement to benefits, or rights to future benefits, under a new public scheme which a survivor of a member of the scheme has at that time in respect of the member.

• (6) For the purposes of the definition of “subsisting rights”—

• (a) references to pensions or other benefits (including future benefits) include money purchase benefits, and

• (b) references to a right include a pension credit right.

• (7) In this section, “interested persons”, in relation to an amendment of a scheme, means persons who appear to the Treasury to be likely to be affected by the amendment.

Transfer of assets and liabilities

115

• (1) The Treasury may by regulations provide for the transfer of assets or liabilities of the BBS Pension Scheme or the NRAM Pension Scheme to—

• (a) a nominee of the Treasury, or

• (b) a company established by the Treasury for the purpose of holding the assets or the liabilities pending their disposal or discharge.

• (2) Regulations may be made under this section only if regulations under section 111 have been made.

• (3) Regulations under this section may include provision for the making of payments into the Consolidated Fund.

Other liabilities to pay pensions

Transfer of other pensions and benefits

116

• (1) The Treasury may by regulations make provision for the transfer to the Treasury of any of the following—

• (a) qualifying liabilities of Bradford & Bingley Limited or NRAM Limited;

• (b) qualifying liabilities of UK Asset Resolution Limited.

• (2) In this Part, “qualifying liability” means a liability to pay a pension or other benefit to or in respect of a person in connection with the person’s past service as an employee or office-holder of Bradford & Bingley Limited, Northern Rock Plc or another entity, other than a liability arising under the BBS Pension Scheme or the NRAM Pension Scheme.

• (3) The Treasury may by regulations provide for a relevant enactment to apply with modifications, or not to apply, to an arrangement under which a qualifying liability arises that is an occupational pension scheme.

• (4) In subsection (3), “relevant enactment” means an enactment that—

• (a) relates or refers to occupational pension schemes, and

• (b) is specified or described in regulations under subsection (3).

• (5) The Treasury may by regulations—

• (a) provide for an arrangement under which a qualifying liability arises to be treated as a particular type of occupational pension scheme for the purposes of an enactment specified or described in the regulations;

• (b) provide for the enactment to apply in relation to the arrangement subject to modifications specified in the regulations.

Supplementary

Taxation

117

• (1) The Treasury may by regulations make provision for varying the way in which any relevant tax would, apart from the regulations, have effect in relation to—

• (a) a new public scheme;

• (b) members of a new public scheme;

• (c) persons who have survived a member of a new public scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;

• (d) a company within section 115(1)(b).

• (2) Regulations under subsection (1) may include provision for treating a new public scheme as a registered pension scheme.

• (3) The Treasury may by regulations make provision for varying the way in which any relevant tax would, apart from the regulations, have effect in relation to, or in connection with, anything done by or under, or in consequence of, regulations made under this Part in relation to—

• (a) the BBS Pension Scheme;

• (b) the NRAM Pension Scheme;

• (c) members of the BBS Pension Scheme or the NRAM Pension Scheme;

• (d) persons who have survived a member of one of those schemes and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;

• (e) UK Asset Resolution Limited;

• (f) persons in respect of whom there is a qualifying liability.

• (4) Regulations under subsection (1) or (3) may include provision for any of the following—

• (a) a tax provision not to apply or to apply with modifications;

• (b) anything done to have or not to have a specified consequence for the purposes of a tax provision;

• (c) the withdrawal of relief and the charging of a relevant tax.

• (5) Provision made by regulations under subsection (1) or (3), other than provision withdrawing a relief or charging a relevant tax, may make retrospective provision.

• (6) In this section—

• “relevant tax” means—income tax;capital gains tax;corporation tax;inheritance tax;stamp duty and stamp duty reserve tax;stamp duty land tax;

• “registered pension scheme” has the meaning given in Part 4 of the Finance Act 2004;

• “tax provision” means any provision made by or under an enactment relating to a relevant tax.

Information

118

• (1) The Treasury may by regulations make provision requiring a person specified or described in the regulations to give the Treasury a document or other information specified or described in the regulations.

• (2) Regulations under subsection (1) may only make provision in respect of documents or other information which the Treasury reasonably require for the purposes of—

• (a) making regulations under this Part,

• (b) establishing or administering a new public scheme, including transferring qualifying accrued rights to such a scheme, or

• (c) administering arrangements under which a qualifying liability arises.

• (3) Regulations under subsection (1) may, among other things, include—

• (a) provision about the time when the document or other information must be given;

• (b) provision about the form and manner in which it must be given;

• (c) provision for the imposition of a financial penalty on a person who, without reasonable excuse, fails to comply with a requirement imposed by the regulations (including provision for appeals to a court or tribunal).

• (4) For the purposes of facilitating the establishment or administration of a new public scheme, including the transfer of qualifying accrued rights to such a scheme—

• (a) information described in subsection (5)(a) may be shared among persons listed in subsection (5)(b), and

• (b) information described in subsection (6)(a) may be shared among persons listed in subsection (6)(b).

• (5) For the purposes of subsection (4)(a)—

• (a) the information is information relating to—

• (i) rights or entitlements to pensions or other benefits under the BBS Pension Scheme;

• (ii) the administration of the BBS Pension Scheme;

• (iii) rights or entitlements to pensions or other benefits under a new public scheme, so far as they are rights or entitlements of, or in respect of, persons who were members of the BBS Pension Scheme;

• (iv) the administration of a new public scheme, so far as relevant to rights or entitlements described in sub-paragraph (iii);

• (b) the persons are—

• (i) the Treasury;

• (ii) UK Asset Resolution Limited;

• (iii) a trustee of the BBS Pension Scheme;

• (iv) a person who exercises functions under the BBS Pension Scheme;

• (v) a person who administers, or exercises functions under, a new public scheme.

• (6) For the purposes of subsection (4)(b)—

• (a) the information is information relating to—

• (i) rights or entitlements to pensions or other benefits under the NRAM Pension Scheme;

• (ii) the administration of the NRAM Pension Scheme;

• (iii) rights or entitlements to pensions or other benefits under a new public scheme, so far as they are rights or entitlements of, or in respect of, persons who were members of the NRAM Pension Scheme;

• (iv) the administration of a new public scheme, so far as relevant to rights or entitlements described in sub-paragraph (iii);

• (b) the persons are—

• (i) the Treasury;

• (ii) UK Asset Resolution Limited;

• (iii) a trustee of the NRAM Pension Scheme;

• (iv) a person who exercises functions under the NRAM Pension Scheme;

• (v) a person who administers, or exercises functions under, a new public scheme.

• (7) For the purposes of facilitating the transfer of qualifying liabilities or the administration of an arrangement under which such liabilities arise—

• (a) information relating to qualifying liabilities of UK Asset Resolution Limited may be shared among persons listed in subsection (8)(a) and (b),

• (b) information relating to qualifying liabilities of Bradford & Bingley Limited may be shared among persons listed in subsection (8)(a), (b) and (c), and

• (c) information qualifying liabilities of NRAM Limited may be shared among persons listed in subsection (8)(a), (b) and (d).

• (8) For the purposes of subsection (7), the persons are—

• (a) the Treasury;

• (b) UK Asset Resolution Limited;

• (c) Bradford & Bingley Limited;

• (d) NRAM Limited.

• (9) Except as provided by subsection (10), the disclosure of information in accordance with this section, or regulations made under this section, does not breach—

• (a) any obligation of confidence owed by a person in relation to that information, or

• (b) any other restriction on the disclosure of information (however imposed).

• (10) This section and regulations made under this section do not require or authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account a duty imposed or power conferred by this section or the regulations).

• (11) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Regulations

119

• (1) The Treasury must consult the relevant trustees before making—

• (a) regulations under section 111 which establish a new public scheme or transfer qualifying accrued rights to a new public scheme, or

• (b) regulations under section 115 which make provision for the transfer of assets or liabilities.

• (2) In this section, “the relevant trustees” are—

• (a) the trustees of the BBS Pension Scheme, where the regulations affect—

• (i) persons who are members of that scheme, or

• (ii) persons who have survived a member of that scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member;

• (b) the trustees of the NRAM Pension Scheme, where the regulations affect—

• (i) persons who are members of that scheme, or

• (ii) persons who have survived a member of that scheme and who have an entitlement to benefits, or a right to future benefits, under the scheme in respect of the member.

• (3) Regulations under section 111 are subject to the affirmative procedure if—

• (a) the making of the regulations is subject to the consent requirements (see section 114(1)(a) and (2)), or

• (b) the regulations make provision which has retrospective effect.

• (4) Regulations under section 118(1) are subject to the affirmative procedure if they make provision about the amount of a financial penalty.

• (5) A statutory instrument containing regulations under section 117 is subject to annulment in pursuance of a resolution of the House of Commons.

• (6) Any other regulations under this Part are subject to the negative procedure.

Interpretation

120

In this Part—

• “BBS Pension Scheme” means the Bradford & Bingley Staff Pension Scheme;

• “enactment” includes—an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, andan enactment comprised in, or in an instrument made under, Northern Ireland legislation;

• “member” has the meaning given by section 124(1) of the Pensions Act 1995;

• “money purchase benefits” has the meaning given by section 181 of the Pension Schemes Act 1993;

• “new public scheme” has the meaning given by section 111(1);

• “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;

• “pension credit right” has the meaning given by section 124(1) of the Pensions Act 1995;

• “qualifying liability” has the meaning given by section 116(2).

PART 3 — Judicial offices

Judicial pay and conditions

Retirement date for holders of judicial offices etc

121

Schedule 1 makes provision about the retirement date for holders of judicial offices.

Allowances for judicial office holders

122

Schedule 2 makes provision in respect of allowances payable to certain judicial office holders.

Sitting in retirement offices

Sitting in retirement offices

123

• (1) For each judicial office listed in Schedule 3 (an “original office”) there is to be a corresponding office (a “sitting in retirement office”).

• (2) A sitting in retirement office is to have the name of the corresponding original office followed by the words “(sitting in retirement)”.

• (3) In this Part, “original office” and “sitting in retirement office” have the meaning given in subsection (1).

Appointment to sitting in retirement offices

124

• (1) The appointing authority may appoint an eligible person to a sitting in retirement office if —

• (a) it appears to the appointing authority that it is expedient to make the appointment to facilitate the disposal of business in any court or tribunal to which a person appointed to the office in question may be deployed, and

• (b) the person is qualified for appointment to the corresponding original office.

• (2) “The appointing authority”, in relation to a sitting in retirement office, means—

• (a) where the corresponding original office is listed in Part 1 of Schedule 3, the Lord Chief Justice;

• (b) where the corresponding original office is listed in Part 2 of Schedule 3, the Senior President of Tribunals;

• (c) where the corresponding original office is listed in Part 3 of Schedule 3, the Lord Chief Justice of Northern Ireland;

• (d) where the corresponding original office is listed in Part 4 of Schedule 3, the Northern Ireland Judicial Appointments Commission;

• (e) where the corresponding original office is listed in Part 5 of Schedule 3, the President of Welsh Tribunals;

• (f) where the corresponding original office is listed in Part 6 of Schedule 3, the Lord President of the Court of Session.

• (3) “An eligible person”, in relation to an appointment to a sitting in retirement office, means a person who—

• (a) holds or has held a prescribed office, and

• (b) is a person of such further description as may be prescribed.

• (4) In subsection (3), “prescribed” means prescribed by regulations made by—

• (a) where the corresponding original office is listed in Part 1 of Schedule 3, the Lord Chancellor with the concurrence of the Lord Chief Justice;

• (b) where the corresponding original office is listed in Part 2 of Schedule 3, the Lord Chancellor with the concurrence of the Senior President of Tribunals;

• (c) where the corresponding original office is listed in Part 3 of Schedule 3, the Lord Chancellor with the concurrence of the Lord Chief Justice of Northern Ireland;

• (d) where the corresponding original office is listed in Part 4 of Schedule 3, the Department of Justice in Northern Ireland;

• (e) where the corresponding original office is listed in Part 5 of Schedule 3, the Welsh Ministers with the concurrence of the President of Welsh Tribunals;

• (f) where the corresponding original office is listed in Part 6 of Schedule 3, the Lord Chancellor with the concurrence of the Lord President of the Court of Session.

• (5) Before making an appointment under this section, the Lord Chief Justice, the Senior President of Tribunals or the Lord Chief Justice of Northern Ireland must obtain the agreement of the Lord Chancellor.

• (6) Before making an appointment under this section, the Northern Ireland Judicial Appointments Commission must obtain the agreement of the Department of Justice in Northern Ireland.

• (7) Before making an appointment under this section, the President of Welsh Tribunals must obtain the agreement of—

• (a) where the appointment is to an office to which subsection (8) applies, the Welsh Ministers, or

• (b) in any other case, the Lord Chancellor.

• (8) This subsection applies to—

• (a) the office of Member of the Adjudication Panel for Wales (sitting in retirement), and

• (b) the office of Legal member of the Welsh Language Tribunal (sitting in retirement).

• (9) The Lord Chief Justice may nominate a judicial office holder as defined in section 109(4) of the Constitutional Reform Act 2005 to exercise functions of the Lord Chief Justice under this section.

• (10) The Lord Chief Justice of Northern Ireland may nominate either of the following persons to exercise functions of the Lord Chief Justice of Northern Ireland under this section—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (11) Regulations under this section are subject to the negative procedure.

Appointment to sitting in retirement offices: further provision

125

• (1) This section applies to an appointment of a person under section 124.

• (2) Subject to subsection (3), the person appointed is to be treated for all purposes as, and accordingly may perform any of the functions of, a person appointed to the corresponding original office.

• (3) Subsection (2) does not apply for the purposes of any enactment relating to—

• (a) the appointment, removal or disqualification of office holders of the corresponding original office;

• (b) the tenure of office or oaths to be taken by such office holders;

• (c) the remuneration, allowances or pensions of such office holders.

• (4) Subject as follows, the person appointed is to hold and vacate office in accordance with the terms of the person’s appointment, which are to be such as the appropriate person may determine.

• (5) The appointment may not extend beyond the day on which the person appointed attains the age of 75.

• (6) The person appointed is to be paid such remuneration and such allowances as the appropriate person may determine.

• (7) A determination under subsection (6) is subject to any approval that is required in respect of the equivalent determination in relation to the corresponding original office.

• (8) In this section, in relation to the exercise of a power in respect of a sitting in retirement office, “the appropriate person” means the person who may exercise the equivalent power in relation to the corresponding original office.

• (9) In this section, “enactment” includes—

• (a) an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978),

• (b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru,

• (c) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

• (d) an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

Discipline and removal from office

126

• (1) A person appointed to a relevant sitting in retirement office may be removed from that office only on a qualifying ground and—

• (a) if the corresponding original office is the office of High Court Judge (England and Wales) or Lord Justice of Appeal (England and Wales), by the Lord Chancellor with the agreement of the Lord Chief Justice, or

• (b) in any other case, by the appropriate person.

• (2) The exercise of the power under subsection (1)(b) is subject to any approval that is required in relation to the exercise of the equivalent power in relation to the corresponding original office.

• (3) In subsection (1), a “qualifying ground” is—

• (a) a ground specified in the person’s terms of appointment, or

• (b) the ground of inability or misbehaviour.

• (4) Subsection (5) applies to a sitting in retirement office if—

• (a) the corresponding original office is listed in Schedule 14 to the Constitutional Reform Act 2005, or

• (b) the corresponding original office is an office listed in section 109(5) of that Act (senior judges).

• (5) Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (discipline) applies to the sitting in retirement office as it would apply if the office were listed in Schedule 14 to that Act.

• (6) Subsection (7) applies to a sitting in retirement office if the corresponding original office is listed in Part 3 or 4 of Schedule 3 to this Act.

• (7) Section 7 of the Justice (Northern Ireland) Act 2002 (removal from listed judicial offices) applies to the sitting in retirement office as it would apply if the office were listed in Schedule 1 to that Act.

• (8) In this section, a “relevant sitting in retirement office” is a sitting in retirement office for which the corresponding original office is listed in Part 1, 2, 5 or 6 of Schedule 3 to this Act.

• (9) In this section, “the appropriate person” has the meaning given by section 125.

Power to add new offices

127

• (1) The appropriate national authority may by regulations amend Schedule 3 so as to add a judicial office apart from an excluded Scottish office.

• (2) In this section, “the appropriate national authority” means—

• (a) where the office is to be added to Part 4 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly, the Department of Justice in Northern Ireland;

• (b) where the office is to be added to Part 5 of Schedule 3 and provision to add the office to that Part of the Schedule would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, the Welsh Ministers;

• (c) in any other case, the Lord Chancellor.

• (3) For the purposes of subsection (1), a judicial office is an “excluded Scottish office” if provision to add the office to Part 6 of Schedule 3 would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

• (4) Before making regulations under subsection (1) to add an office to Part 1, 2, 3, or 5 of Schedule 3, the appropriate national authority must consult the relevant office holder.

• (5) In subsection (4), the “relevant office holder” means—

• (a) where the office is to be added to Part 1 of Schedule 3, the Lord Chief Justice;

• (b) where the office is to be added to Part 2 of Schedule 3, the Senior President of Tribunals;

• (c) where the office is to be added to Part 3 of Schedule 3, the Lord Chief Justice of Northern Ireland;

• (d) where the office is to be added to Part 5 of Schedule 3, the President of Welsh Tribunals.

• (6) Regulations under this section are subject to the affirmative procedure.

Consequential etc provision

Consequential etc provision

128

• (1) Schedule 4 makes amendments consequential on, or related to, this Part.

• (2) The appropriate national authority may by regulations make provision that is consequential on this Part.

• (3) In this section, “the appropriate national authority” means—

• (a) in relation to provision which would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly made without the Secretary of State’s consent, the Department of Justice in Northern Ireland;

• (b) in relation to provision which would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, the Welsh Ministers;

• (c) in any other case, the Lord Chancellor.

• (4) Regulations under this section may amend, repeal, revoke or otherwise modify provision made by an enactment.

• (5) Regulations under this section that amend, repeal or revoke primary legislation are subject to the affirmative procedure.

• (6) Any other regulations under this section are subject to the negative procedure.

• (7) In this section—

• “enactment” has the meaning given in section 125;

• “primary legislation” means—an Act;...an Act of the Scottish Parliament;a Measure or Act of Senedd Cymru;Northern Ireland legislation.

PART 4 — General

Regulations and directions

129

• (1) Regulations under any provision of this Act may make—

• (a) consequential, supplementary, incidental, transitional, or saving provision;

• (b) different provision for different cases or purposes.

• (2) Regulations under this Act made by the Treasury or the Lord Chancellor are to be made by statutory instrument.

• (3) A power or duty of a Northern Ireland department to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (4) In this Act “the affirmative procedure” means—

• (a) in the case of regulations made by the Treasury or the Lord Chancellor, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, each House of Parliament;

• (b) in the case of regulations made by the Welsh Ministers, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, Senedd Cymru;