(1)Subject to subsection (2), the power to make regulations under section 153A is exercisable—
(a)by the Scottish Ministers, in relation to payments made by a relevant Scottish authority;
(b)by the Welsh Ministers, in relation to relevant Welsh exit payments;
(c)by the Treasury, in relation to any other payments.
(2)Where the relevant Scottish authority is the Scottish Administration (or a part of it) the power to make regulations under section 153A is exercisable by the Treasury (instead of the Scottish Ministers)—
(a)in relation to payments made to the holders of offices in the Scottish Administration which are not ministerial offices (read in accordance with section 126(8) of the Scotland Act 1998), and
(b)in relation to payments made to members of the staff of the Scottish Administration (read in accordance with section 126(7)(b) of that Act).
(3)The power to make provision of the kind mentioned in section 153A(8)(b) (power to amend public sector schemes), so far as exercisable by the Treasury, is also exercisable concurrently by any other Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) with the consent of the Treasury.
(4)Regulations under section 153A—
(a)if made by the Treasury, are subject to the affirmative resolution procedure;
(b)if made by the Scottish Ministers, are subject to the affirmative procedure;
(c)if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the National Assembly for Wales.
(5)In this section “relevant Scottish authority” means—
(a)the Scottish Parliamentary Corporate Body, or
(b)any authority which wholly or mainly exercises functions within devolved competence (within the meaning of section 54 of the Scotland Act 1998).
(6)In this section “relevant Welsh exit payments” means exit payments made to holders of the following offices—
(a)member of the National Assembly for Wales;
(b)the First Minister for Wales;
(c)Welsh Minister appointed under section 48 of the Government of Wales Act 2006;
(d)Counsel General to the Welsh Government;
(e)Deputy Welsh Minister;
(f)member of a county council or a county borough council in Wales;
(g)member of a National Park Authority in Wales;
(h)member of a Fire and Rescue Authority in Wales.]
Textual Amendments
F1 Ss. 153A-153C inserted (1.2.2017) by Enterprise Act 2016 (c. 12), ss. 41, 44(4)(b); S.I. 2017/70, reg. 2(b)