The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2004

Statutory Instruments

2004 No. 1927

PENSIONS

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2004

Made

22nd July 2004

Laid before Parliament

22nd July 2004

Coming into force

12th August 2004

The Minister for the Civil Service in exercise of the powers conferred by sections 1(5) and 1(8)(a) of the Superannuation Act 1972(1) and now vested in him(2) hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2004 and shall come into force on 12th August 2004, but shall have effect, where appropriate, from the dates specified in this Order.

(2) In this Order—

“the Act” means the Superannuation Act 1972; and

“Local Commissioner for Wales” shall be construed in accordance with section 23 of the Local Government Act 1974(3)

Employments

2.—(1) Section 1 of the Act shall apply to the following employments with effect from the dates specified below—

(a) employment by the Standards Commission for Scotland, with effect from 17th January 2002;

(b) employment by the Cairngorms National Park Authority, with effect from 1st April 2003;

(c) employment by the Children’s Commissioner for Wales, with effect from 1st August 2003;

(d) employment by the Commissioner for Children and Young People in Scotland, with effect from 26th April 2004;

(e) employment by the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG), with effect from 1st April 2004;

(f) employment by the Public-Private Partnership Agreement Arbiter, with effect from 2nd June 2003; and

(g) employment by the Scottish Information Commissioner, with effect from 24th February 2003.

(2) Accordingly, Schedule 1 to the Act is amended as follows—

(a) there shall be inserted at the appropriate place in the list of “Royal Commissions and other Commissions”, the entry—

• “Standards Commission for Scotland”; and

  (b)

  there shall be inserted at the appropriate places in the list of “Other Bodies”, the entries—

• “Cairngorms National Park Authority”

• “Employment by the Children’s Commissioner for Wales”

• “Employment by the Commissioner for Children and Young People in Scotland”

• “NHS Pensions Agency (Asiantaeth Pensiynau'r GIG)”

• “Employment by the Public-Private Partnership Agreement Arbiter”

• “Employment by the Scottish Information Commissioner”.

Offices

3.—(1) Section 1 of the Act shall apply to the following offices with effect from the dates specified below—

(a) the Scottish Information Commissioner, with effect from 24th February 2003;

(b) the Local Commissioner for Wales, with effect from 1st October 2003;

(c) the Chairman of the Independent Police Complaints Commission, with effect from 1st February 2003;

(d) the Deputy Chairman of the Independent Police Complaints Commission, with effect from 1st February 2003;

(e) the Commissioners of the Independent Police Complaints Commission, with effect from 1st February 2003;

(f) the Children’s Commissioner for Wales, with effect from 1st August 2003;

(g) the Commissioner for Children and Young People in Scotland, with effect from 26th April 2004; and

(h) the Chief Investigating Officer of the Standards Commission for Scotland, with effect from 17th January 2002.

(2) Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate places in the list of “Offices”, the entries—

• “the Scottish Information Commissioner”

• “the Local Commissioner for Wales”

• “the Chairman of the Independent Police Complaints Commission”

• “the Deputy Chairman of the Independent Police Complaints Commission”

• “the Commissioners of the Independent Police Complaints Commission”

• “the Children’s Commissioner for Wales”

• “the Commissioner for Children and Young People in Scotland”

• “the Chief Investigating Officer of the Standards Commission for Scotland”.

Removal from Schedule 1

4.  With effect from 28th December 2003, the entry “the Broadcasting Standards Commission” is removed from the list of “Royal Commissions and other Commissions” in Schedule 1 to the Act.

Douglas Alexander

Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster for the Minister for the Civil Service

22nd July 2004

Explanatory Note

(This note is not part of the Order)

1.  Section 1 of the Superannuation Act 1972 (the “Act”) permits the Minister for the Civil Service to make schemes which make provision for pensions and other benefits in respect of civil servants and persons serving in an employment or office 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 Benefits Scheme are schemes which have been made under section 1 of the Act.

2.  This Order adds employment by the Standards Commission for Scotland, the Cairngorms National Park Authority, the Children’s Commissioner for Wales, the Commissioner for Children and Young People in Scotland, the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG), the Public-Private Partnership Agreement Arbiter and the Scottish Information Commissioner to those listed in Schedule 1 to the Act.

3.  This Order also adds the offices of the Scottish Information Commissioner, the Local Commissioner for Wales, the Chairman of the Independent Police Complaints Commission, the Deputy Chairman of the Independent Police Complaints Commission, the Commissioners of the Independent Police Complaints Commission, the Children’s Commissioner for Wales, the Commissioner for Children and Young People in Scotland and the Chief Investigating Officer of the Standards Commission for Scotland to those listed in Schedule 1 to the Act.

4.  The addition of these employments and offices to Schedule 1 to the Act makes the persons serving in the employments or offices eligible to be members of the schemes made under section 1 of the Act.

5.  Under the power conferred by section 1(8)(a) of the Act, section 1 of the Act applies to these employments and offices with effect from the dates specified in the Order.

6.  Under the power conferred by section 1(5)(c) of the Act, employment by the Broadcasting Standards Commission is removed from those listed in Schedule 1 to the Act.

(1)

1972 c. 11.

(2)

See article 2(1)(c) of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) and article 3 of the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 1995/269).

(3)

1974 c. 7.