Scheme regulationsN.I.
3.—(1) Scheme regulations may, subject to this Act [F1and Part 1 of PSPJOA 2022] , make such provision in relation to a scheme under section 1 as the responsible authority considers appropriate.
(2) That includes in particular—
(a)provision as to any of the matters specified in Schedule 3;
(b)consequential, supplementary, incidental or transitional provision in relation to the scheme or any provision of this Act.
[F2(c)consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022.]
(3) Scheme regulations may—
(a)make different provision for different purposes or cases (including different provision for different descriptions of persons);
(b)make retrospective provision (but see section 23);
(c)allow any person to exercise a discretion.
(4) The consequential provision referred to in subsection (2)(b) includes consequential provision amending any primary legislation made or passed before or within the period of 12 months from the date on which this Act receives Royal Assent (as well as consequential provision amending any secondary legislation).
[F3(4A) In subsection (2)(c)—
(a)the reference to consequential provision includes consequential provision amending any primary legislation made or passed before or within the period of 12 months from the date on which PSPJOA 2022 receives Royal Assent (as well as consequential provision amending any secondary legislation);
(b)the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation).
(4B) See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.]
(5) Scheme regulations require the consent of the Department of Finance and Personnel before being made, unless they are to be made by that Department.
Textual Amendments
F1Words in s. 3(1) inserted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 94(12), 131(1)(2)(f)
F2S. 3(2)(c) inserted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 94(13), 131(1)(2)(f)
F3S. 3(4A)(4B) inserted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in operation) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 94(14), 131(1)(2)(f)
Commencement Information
I1S. 3 in operation at 28.4.2014 by S.R. 2014/123, art. 2(1)(c)