20Protection against adverse treatmentU.K.
(1)Subsection (2) applies to F1...—
(a)[F2the exercise by the Minister for the Civil Service or the Secretary of State of] the power to make an order under section 17 in a case where the order contains provision establishing a new public scheme or transferring qualifying accrued rights to a new public scheme, and
(b)[F3the exercise by the Secretary of State of] the power to make an order under section 18 or 19.
(2)In exercising the power the [F4Minister making the order] must ensure that the relevant pensions provision in respect of each person who is or has been a member of the RMPP is, in all material respects, at least as good immediately after the exercise of the power as it is immediately before the exercise of the power.
(3)“The relevant pensions provision” means the provision for the payment of pensions or other benefits which is contained in the RMPP or in a new public scheme.
(4)Subsections (1) to (3) do not require provision to be included in a new public scheme if the [F5Minister making the order] is of the opinion that the provision would be incompatible with any enactment or [F6assimilated] obligation (including any enactment applying as a result of any provision made under this Part).
(5)Nothing in subsections (1) to (3) is to be read as—
(a)requiring particular provisions of the RMPP or a new public scheme to take the same or similar form,
(b)requiring a new public scheme to be established in a particular way,
(c)requiring any power or duty conferred or imposed by the RMPP or a new public scheme to be exercised or performed in a particular way, or
(d)affecting any power of any person to amend the RMPP or a new public scheme.
(6)The power of the [F7Minister for the Civil Service or the] Secretary of State to amend a new public scheme may not be exercised in any manner which would or might adversely affect any provision of the scheme made in respect of qualifying accrued rights unless—
(a)the consent requirements are satisfied in respect of the exercise of the power in that manner, or
(b)the scheme is amended in the prescribed manner.
(7)The consent requirements are those prescribed for the purpose of obtaining the consent of members of the scheme to its amendment.
Textual Amendments
F1Words in s. 20(1) omitted (2.4.2014) by virtue of The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(a)(i) (with art. 4)
F2Words in s. 20(1)(a) inserted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(a)(ii) (with art. 4)
F3Words in s. 20(1)(b) inserted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(a)(iii) (with art. 4)
F4Words in s. 20(2) substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(b) (with art. 4)
F5Words in s. 20(4) substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(b) (with art. 4)
F6Word in s. 20(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 73(2)
F7Words in s. 20(6) inserted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 5(3)(c) (with art. 4)
Modifications etc. (not altering text)
C1S. 20 functions made exercisable concurrently (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 2(2)(a)(iii) (with art. 4)
Commencement Information
I1S. 20 in force at 1.10.2011 by S.I. 2011/2329, art. 3