39.—(1) Power under any statutory provision to establish a pension scheme shall include power to make provision for the provision, by reference to pension credits which derive from rights under—
(a)the scheme, or
(b)a scheme in relation to which the scheme is specified as an alternative for the purposes of paragraph 2 of Schedule 5,
of benefits to or in respect of those entitled to the credits.
(2) Paragraph (1) is without prejudice to any other power.
(3) Paragraph (1) shall apply in relation to statutory provisions whenever passed or made.
(4) No obligation to consult shall apply in relation to the making, in exercise of a power under any statutory provision to establish a pension scheme, of provision of a kind authorised by paragraph (1).
(5) Any statutory provision which makes benefits under a pension scheme established under a statutory provision a charge on, or payable out of—
(a)the Consolidated Fund; or
(b)the Consolidated Fund of the United Kingdom,
shall be treated as including any benefits under the scheme which are attributable (directly or indirectly) to a pension credit which derives from rights to benefits charged on, or payable out of, that fund.
(6) In this Article—
“pension credit” includes a credit under section 29(1)(b) of the Welfare Reform Act;
“pension scheme” means a scheme or arrangement providing benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of persons to whom the scheme or arrangement applies.