The Parliamentary Pensions (Amendment) Regulations 1999

Statutory Instruments

1999 No. 2100

PARLIAMENT

The Parliamentary Pensions (Amendment) Regulations 1999

Made

26th July 1999

Laid before Parliament

27th July 1999

Coming into force

17th August 1999

The Leader of the House of Commons in exercise of the powers conferred on her by section 2(1) and (4) of the Parliamentary and other Pensions Act 1987(1) with the consent of the Minister for the Civil Service(2) and after consultation with the Trustees of the Parliamentary Contributory Pension Fund and with such persons as appeared to her to represent persons likely to be affected by the Regulations, hereby makes the following Regulations:

Title, commencement and interpretation

1.—(1) These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 1999 and shall come into force on 17th August 1999.

(2) In these Regulations “the Principal Regulations” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993(3).

Amendments of the Principal Regulations

2.  The amendments to Schedule 1 to the Principal Regulations set out in the Schedule to these Regulations shall have effect.

Rt hon Margaret Beckett

Leader of the House of Commons

26th July 1999

I consent on behalf of the Minister for the Civil Service

Rt hon Dr Cunningham

26th July 1999

Regulation 2

SCHEDULE AMENDMENTS TO SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

1.  In paragraph 1 for “nine” there shall be substituted “ten” and there shall be inserted at the end “of whom one shall be a pensioner Member.”.

2.  For paragraph 2 there shall be substituted:

“With the exception of the pensioner Member referred to in paragraph 1, no person shall be appointed to be a Managing Trustee unless he is a Member of the House of Commons.”

3.  After paragraph 2 there shall be inserted:

“2A   Where a Managing Trustee ceases to be a Member of the House of Commons he shall continue in office until–

(a) he is removed, or

(b) another Managing Trustee is appointed in his place, or

(c) he resigns.”

4.  For paragraph 5 there shall be substituted:–

“(1) Each Managing Trustee shall be indemnified out of the Fund against all liabilities incurred in the performance or purported performance of his functions except where the Managing Trustee has acted dishonestly, in bad faith or recklessly.

(2) There shall not be purchased out of the Fund any indemnity insurance covering any of the liabilities mentioned in sub-paragraph (1) above (including those where the exception applies).”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993. The effect of the amendments is to–

(1) require one of the managing trustees to be a pensioner member (ie someone already entitled to receive a pension from the fund) and increase the maximum number of managing trustees, by one, to ten,

(2) allow for a managing trustee who leaves the House of Commons to continue in office until removed or replaced,

(3) indemnify the managing trustees, except where they have acted dishonestly, in bad faith or recklessly, and

(4) prohibit the purchase of trustees' indemnity insurance out of the pension fund.

(1)

1987 c. 45.

(2)

See the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 1995/269), Article 3 and the Schedule.

(3)

S.I. 1993/3253 amended by S.I. 1995/2867 and 1996/2406—the amendments are not relevant to these Regulations.