The Constitutional Reform and Governance Act 2010 (Commencement No. 6, Specified Day and Transitional Provision) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Constitutional Reform and Governance Act 2010 (“the 2010 Act”) which make provision for the Independent Parliamentary Standards Authority (“the IPSA”) and the Minister for the Civil Service to make Parliamentary pension schemes. All provisions brought into force by this Order come into force on 24th October 2011.

The commenced provisions—

• provide that the IPSA may make a scheme about the administration and management of the Parliamentary Contributory Pension Fund (paragraph 8 of Schedule 6);

• provide that the IPSA may make a MPs’ pension scheme (paragraph 12 of Schedule 6);

• provide that the Minister for the Civil Service may make a Ministers’ etc pension scheme (paragraph 16 of Schedule 6);

• detail the provision which may be included in the schemes (Part 2 of Schedule 6); and

• make amendments and transitional provision in relation to Parliamentary and other pensions (in Part 3 of Schedule 6) including providing for the existing regulations which deal with Parliamentary pension schemes to have effect as if they were the administration scheme, MPs’ pension scheme and Ministers’ etc scheme made under paragraphs 8, 12 and 16 of Schedule 6 (paragraph 44(1) of Schedule 6).

Article 3 of the Order specifies that the existing regulations are those in force immediately before 24th October 2011.The existing regulations are those made under section 2 of the Parliamentary and other Pensions Act 1987 which, by virtue of paragraph 44(1) and (8) of Schedule 6 to the 2010 Act, have effect as if they were the administration scheme, MPs’ pension scheme and Ministers’ etc scheme.

Article 4 of the Order provides that any provision of the existing regulations which could not be contained in the MPs’ pension scheme has effect as if contained in that scheme.

A regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.