43.—(1) In Article 51 of the 1995 Order (annual increase in rate of pension), after paragraph (5) insert—
“(5A) Regulations may provide that this Article does not apply to a pension, or part of a pension, of a specified description.
(5B) But regulations under paragraph (5A) may not be made in respect of—
(a)a pension, or any part of a pension, under a defined benefits scheme,
(b)a pension, or any part of a pension, which came into payment before the day on which the regulations come into operation, or
(c)a pension, or any part of a pension, which is attributable to pensionable service before the day on which the regulations come into operation.
(5C) Regulations under paragraph (5A) may amend this Part.”.
(2) In Article 167(3) of that Order (Assembly, etc. control of orders and regulations), before sub-paragraph (b) insert—
“(aa)Article 51(5A),”.