Public Service Pensions and Judicial Offices Bill [HL] - Commons Amendments – in the House of Lords at 5:30 pm on 9 March 2022.
Moved by Viscount Younger of Leckie
That this House do agree with the Commons in their Amendments 55 to 81.
55: Clause 90, page 72, line 16, at end insert “, or(c) a compensatable loss for the purposes of section (Power to pay compensation) (power to pay compensation under Chapter 3).”
56: Clause 90, page 72, line 22, at end insert—“, or (c) a member of a local government new scheme within section 79(2)(a) who has remediable service that is pensionable service under the scheme.”
57: Clause 90, page 72, line 27, at end insert—“(c) in paragraph (c), “local government new scheme” and “remediable service” have the same meaning as in Chapter 3.”
58: Clause 91, page 73, line 11, at end insert—(c) a compensatable loss for the purposes of section (Power to pay compensation) (power to pay compensation under Chapter 3).”
59: Clause 91, page 73, line 17, at end insert “, or(c) a member of a local government new scheme within section 79(2)(b) who has remediable service that is pensionable service under the scheme.”
60: Clause 91, page 73, line 22, at end insert—“(c) in paragraph (c), “local government new scheme” and “remediable service” have the same meaning as in Chapter 3.”
61: After Clause 95, insert the following new Clause—“Parliamentary procedure for judicial schemes: transitory provision(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).”
62: Clause 98, page 77, line 15, at end insert— ““connected” means—(a) connected within the meaning of PSPA 2013 (see section 4(6) and (7) of that Act), or(b) connected within the meaning of PSPA(NI) 2014 (see section 4(6) and (7) of that Act);”
63: Clause 98, page 77, line 48, at end insert—““excess teacher service” has the meaning given by subsection (2)”
64: Clause 98, page 77, line 49, at end insert—““Fair Deal scheme” means—(a) 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, or (b) a 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;”
65: Clause 98, page 78, line 7, at end insert—““local government contracting-out transfer” means a transfer of a person’s employment that was required to be conducted—(a) 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), or(b) having regard to guidance issued for the purposes of section 52 of the Local Government in Scotland Act 2003 (asp 1) (guidance on contractual matters);”
66: Clause 98, page 79, line 14, at end insert—““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);”
67: Clause 98, page 79, line 21, at end insert—“(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.”
68: Clause 104, page 83, line 7, leave out “Plc” and insert “Limited”
69: Clause 104, page 83, line 11, leave out first “Plc” and insert “Limited”
70: Clause 106, page 86, line 6, leave out “Plc” and insert “Limited”
71: Clause 106, page 86, line 14, leave out “Plc” and insert “Limited”
72: Clause 117, page 93, line 22, at end insert—“(ba) scheme regulations for a local government scheme (within the meaning of Chapter 3 of Part 1), or”
73: Clause 118, page 93, line 28, at end insert—“(1A) In Schedule 3 (judicial offices)—(a) Part 4 extends to Northern Ireland only;(b) Part 5 extends to England and Wales only.”
74: Clause 119, page 93, line 32, leave out from beginning to “the” in line 34 and insert— “(1) Any provision of, or amendment made by, Part 1 or 3, so far as it—(a) confers a power to make subordinate legislation or give directions, or(b) otherwise relates to”
75: Clause 119, page 94, line 10, leave out paragraph (d) and insert—“(d) Chapter 3, and sections 97 and 98 so far as they apply for the purposes of that Chapter, come into force in relation to a local government scheme within section 79(2)(a) or (3)(a) on—(i)
76: Clause 119, page 94, line 41, at end insert “, or(b) Chapter 3, or sections 97 and 98 so far as they apply for the purposes of that Chapter, in relation to a local government scheme within section 79(2)(b) or (3)(b).”
77: Clause 119, page 94, line 46, after “(2)(b)” insert “, (2)(da)”
78: Clause 120, page 95, line 4, leave out subsection (2)
79: Schedule 1, page 100, leave out lines 42 to 46 and insert—“President of the Education Tribunal for WalesMember of the legal chair panel, or the lay panel, of the Education Tribunal for Wales”
80: Schedule 1, page 105, line 35, leave out “(3)” and insert “(2)”
81: Schedule 3, page 112, leave out lines 37 and 38 and insert—“Member of the legal chair panel of the Education Tribunal for Wales”
Motion agreed.
