Pensions Act 2008

Constitution

84 Non-executive committee

(1) Schedule 6 to the Pensions Act 2007 (c. 22) is amended as follows.

(2) In paragraph 6(3) and (5), for “the chairman and other non-executive members” substitute “the non-executive committee”.

(3) In paragraph 7(2) and (3), for “the chairman and other non-executive members” substitute “the non-executive committee”.

(4) At the beginning of Part 2 insert—

“Non-executive committee

8A (1) There is to be a committee of the Authority consisting of the chairman and every other non-executive member of the Authority (referred to in this Schedule as the “non-executive committee”).

(2) The non-executive committee must—

(a) keep under review the question whether the Authority’s internal financial controls secure the proper conduct of its financial affairs, and

(b) discharge the other functions conferred on it by this Schedule.

(3) The non-executive committee must prepare a report on the discharge of the functions mentioned in sub-paragraph (2) for inclusion in the annual report of the Authority under paragraph 17.

(4) The report under sub-paragraph (3) must relate to the same period as the Authority’s report.

(5) The non-executive committee may establish a sub-committee.

(6) The members of a sub-committee under sub-paragraph (5)—

(a) must include at least one non-executive member of the Authority, and

(b) must not include persons who are executive members or employees of the Authority.

(7) A sub-committee under sub-paragraph (5) may include persons who are not members of the non-executive committee or the Authority.

(8) Paragraphs 9 and 10 do not apply to the non-executive committee.”

(5) In the italic heading immediately before paragraph 9, for “Committees” substitute “Other committees”.

(6) In paragraph 11, in sub-paragraph (1)(b), at the beginning insert “subject to sub-paragraph (1A),”.

(7) In that paragraph, after sub-paragraph (1) insert—

“(1A) The non-executive committee may, subject to this Schedule—

(a) regulate its own procedure;

(b) regulate the procedure of its sub-committees;

(c) enable its sub-committees to regulate their own procedure subject to any provision it makes.”

(8) In that paragraph, in sub-paragraph (2)—

(a) for “the chairman and non-executive members of the Authority” substitute “the non-executive committee”;

(b) for “the non-executive members” substitute “the members of that committee”.

(9) In that paragraph, in sub-paragraph (3), for “the chairman and non-executive members” substitute “the non-executive committee”.

(10) In paragraph 17(2), before “and” at the end of paragraph (a) insert—

“(aa) the report prepared by the non-executive committee under paragraph 8A(3),”.

85 Executive members

(1) Schedule 6 to the Pensions Act 2007 (c. 22) is amended as follows.

(2) For the italic heading immediately before paragraph 6, substitute “Executive members and employees”.

(3) For paragraph 6(6) (chief executive and other executive members to be employees) substitute—

“(6) The chief executive is to be an employee of the Authority.

(6A) The Authority may appoint any other executive members as employees.”

(4) In paragraph 7 (terms and conditions of executive members)—

(a) in sub-paragraphs (1) and (2), before “employed by the Authority” insert “, if appointed as employees under paragraph 6(6A), are to be”;

(b) in sub-paragraph (3)(a), omit “employees who are”.