Procedure for scheme regulations
Section 24: Other procedure
Section 24 sets out the legislative procedures which apply to the making of scheme regulations. A higher level of Assembly scrutiny is required in each case if scheme regulations are used to amend primary legislation or to make retrospective amendments that appear to the responsible authority to have significant adverse effects in relation to members of schemes.
Subsection (1) provides that scheme regulations are subject to the affirmative procedure if they amend primary legislation; make retrospective provision that may adversely affect members of schemes to a significant extent; or are scheme regulations relating to the judiciary (unless the pension board for the judiciary scheme has stated that it considers the regulations to be minor or beneficial).
Subsection (2) provides that in all other cases scheme regulations are subject to the negative resolution.
Subsection (3) provides that when scheme regulations subject to negative resolution are combined with regulations subject to the affirmative procedure, the combined regulations are subject to the affirmative procedure.
