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Scotland Act 1998

Second reservation

This reserves provision about pensions payable to, or in respect of, any persons.  This covers matters such as the payment of pensions, the manner of provision and contribution in respect of pensions.  This is subject to an exception which permits the Scottish Parliament to make provision about pensions payable to or in respect of:

(a)

the persons referred to in section 81(3) of the Act. That section provides that the Parliament may make provision (whether by an ASP or a resolution) for the payment of pensions to ex- members and office-holders of the Parliament or of the Scottish Executive. The reservation should not prevent the Parliament making such provision; and

(b)

in a Scottish public authority with mixed functions or no reserved functions (as defined in Part III of Schedule 5), persons who are or have been a member of the public body, the holder of a public office or a member of the staff of the body, holder or office.  This would permit the Parliament, for example, when legislating to establish a new Scottish public authority, to require it to provide pensions for its members and staff. It also enables any ministerial functions in relation to the pensions of existing Scottish public authorities to transfer to the Scottish Ministers.

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