(This note is not part of the Order)
This Order makes provision in consequence of the Scottish Parliamentary Pensions Act 2009 (“the 2009 Act”). The Schedule to the Order makes modifications of primary legislation in consequence of the 2009 Act.
Paragraph 1 of the Schedule amends section 11(7) of the Pensions Act 1995 (“the 1995 Act”) so that the Pensions Regulator continues, in limited circumstances, to have the power to adapt, amend or repeal the legislation which contains the rules of the Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme. Section 11 of the 1995 Act applies to both schemes by virtue of their status as public service pension schemes for the purpose of the Pension Schemes Act 1993 (c.48) as conferred under the Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009 (S.I. 2009/1907).
Paragraph 2 of the Schedule amends section 249A(3) of the Pensions Act 2004 so that the Scottish Parliamentary Pension Scheme continues to be exempt from the requirement for internal controls in section 249A.