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Postal Services Act 2011
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20Protection against adverse treatment
This section has no associated Explanatory Notes
(1)Subsection (2) applies to the exercise by the Secretary of State of—
(a)the power to make an order under section 17 in a case where the order contains provision establishing a new public scheme or transferring qualifying accrued rights to a new public scheme, and
(b)the power to make an order under section 18 or 19.
(2)In exercising the power the Secretary of State must ensure that the relevant pensions provision in respect of each person who is or has been a member of the RMPP is, in all material respects, at least as good immediately after the exercise of the power as it is immediately before the exercise of the power.
(3)“The relevant pensions provision” means the provision for the payment of pensions or other benefits which is contained in the RMPP or in a new public scheme.
(4)Subsections (1) to (3) do not require provision to be included in a new public scheme if the Secretary of State is of the opinion that the provision would be incompatible with any enactment or EU obligation (including any enactment applying as a result of any provision made under this Part).
(5)Nothing in subsections (1) to (3) is to be read as—
(a)requiring particular provisions of the RMPP or a new public scheme to take the same or similar form,
(b)requiring a new public scheme to be established in a particular way,
(c)requiring any power or duty conferred or imposed by the RMPP or a new public scheme to be exercised or performed in a particular way, or
(d)affecting any power of any person to amend the RMPP or a new public scheme.
(6)The power of the Secretary of State to amend a new public scheme may not be exercised in any manner which would or might adversely affect any provision of the scheme made in respect of qualifying accrued rights unless—
(a)the consent requirements are satisfied in respect of the exercise of the power in that manner, or
(b)the scheme is amended in the prescribed manner.
(7)The consent requirements are those prescribed for the purpose of obtaining the consent of members of the scheme to its amendment.
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