OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

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

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

Article 2 of this Order provides that, from the specified dates, section 1 of the Act applies to certain employments remunerated out of the Consolidated Fund. These are employment by the NHS England, the Royal Air Force Museum, the Parliamentary Commissioner, and the Health Service Commissioner for England. Pension schemes and other benefits applicable under section 1 of the Act apply to the office of the Parliamentary Commissioner as result of section 2(3) and Schedule 1 of the Parliamentary Commissioner Act 1967 and to the Health Service Commissioner for England as result of section 1 and paragraph 7, Schedule 1 of the Health Service Commissioners Act 1993.

Article 3 of this Order provides that, from the specified dates, section 1 of the Act applies to the office of the Certification Officer. It is not known why this office was not admitted to Schedule 1 to the Act at the time the office was established. However, all post holders since 1 February 1976 have been given access to Pension schemes and other benefits applicable under section 1 of the Act.

Article 4 of this Order provides that, from the dates specified, section 1 of the Act applies to certain employments remunerated out of the Scottish Consolidated Fund. These are employment by the Commissioner for Ethical Standards in Public Life in Scotland, the Scottish Biometrics Commissioner, Redress Scotland, and Scottish Rail Holdings Limited.

Article 5 of this Order provides that, from the dates specified, section 1 of the Act applies to certain offices remunerated out of the Scottish Consolidated Fund. These offices are the Commissioner for Ethical Standards in Public Life in Scotland, the Scottish Biometrics Commissioner, and the Chair of the Scottish Commission for Human Rights.

Article 6 of this Order removes employment by the Commission for Ethical Standards in Public Life in Scotland from Schedule 1 to the Act. This entry is removed because the Commission for Ethical Standards in Public Life in Scotland has been dissolved pursuant to the Commissioner for the Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013. Schedule 3 to that Order transferred staff from the Commission for Ethical Standards in Public Life in Scotland to the staff of the Commissioner for Ethical Standards in Public Life in Scotland. Employment by the Commissioner for Ethical Standards in Public Life in Scotland has been added to Schedule 1 by article 4 of this Order.

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

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