The Scottish Parliamentary Pensions Act 2009 (Consequential Modifications) Order 2009

Made: 2nd July 2009

Coming into force: 1st September 2009

In accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1

• (1) This Order may be cited as the Scottish Parliamentary Pensions Act 2009 (Consequential Modifications) Order 2009 and shall come into force on 1stSeptember 2009.

• (2) This Order extends to England and Wales and Scotland.

Modifications

2

The modifications specified in the Schedule shall have effect.

SCHEDULE — MODIFICATIONS OF PUBLIC GENERAL ACTS

The Pensions Act 1995 (c.26)

1

In section 11(7)(b) of the Pensions Act 1995 (powers to wind up schemes) after “any enactment” insert “(including the Scottish Parliamentary Pensions Act 2009 (asp1))”.

The Pensions Act 2004 (c.35)

2

In section 249A(3)² of the Pensions Act 2004 (schemes exempt from requirement for internal controls), after paragraph (c) insert—

(d) the Scottish Parliamentary Pension Scheme as defined in section 4 of the Scottish Parliamentary Pensions Act 2009 (asp1).

Signed

ANN McKECHIN — Parliamentary Under Secretary of State Scotland Office — Ministry of Justice — 2nd July 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision in consequence of the Scottish Parliamentary Pensions Act 2009 (“the 2009 Act”). The Schedule to the Order makes modifications of primary legislation in consequence of the 2009 Act.

Paragraph 1 of the Schedule amends section 11(7) of the Pensions Act 1995 (“the 1995 Act”) so that the Pensions Regulator continues, in limited circumstances, to have the power to adapt, amend or repeal the legislation which contains the rules of the Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme. Section 11 of the 1995 Act applies to both schemes by virtue of their status as public service pension schemes for the purpose of the Pension Schemes Act 1993 (c.48) as conferred under type=start slip=2010-10-01 time=1286271633097the Occupational Pension Schemes (PublicService Pension Schemes) Regulations 2009 (S.I. 2009/1907).type=end slip=2010-10-01 time=1286271633097

Paragraph 2 of the Schedule amends section 249A(3) of the Pensions Act 2004 so that the Scottish Parliamentary Pension Scheme continues to be exempt from the requirement for internal controls in section 249A.

Footnotes