The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2011

Statutory Instruments

2011 No. 2257

Pensions

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2011

Made

5th September 2011

Laid before Parliament

15th September 2011

Coming into force

7th October 2011

The Minister for the Civil Service in exercise of the powers conferred by section 1(5) and 1(8)(a) of the Superannuation Act 1972(1) and now vested in him(2) makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2011 and shall come into force on 7th October 2011, but shall have effect, as appropriate, from the dates specified in this Order.

(2) In this Order, the “Act” means the Superannuation Act 1972.

Employments

2.—(1) Section 1 of the Act applies to the following employments with effect from the dates specified below—

(a) employment by the National Museum of the Royal Navy with effect from 1st April 2011;

(b) employment by the UK Commission for Employment and Skills with effect from 1st April 2008;

(c) employment by the Sustainable Development Commission Limited with effect from 1st February 2009;

(d) employment by Capital for Enterprise Limited with effect from 1st April 2008;

(e) employment by the Children’s Workforce Development Council with effect from 1st April 2008;

(f) employment by the Learning and Skills Improvement Service with effect from 1st September 2008; and

(g) employment by the Renewable Fuels Agency with effect from 1st July 2008.

(2) Accordingly, Schedule 1 to the Act is amended by inserting with effect from 1st April 2011 in the list of “Museums and Galleries”, the entry “the National Museum of the Royal Navy”.

(3) Schedule 1 to the Act is further amended by inserting in the list of “Other Bodies”, with effect from the relevant dates specified in article 2(1), the entries—

“UK Commission for Employment and Skills”

“Sustainable Development Commission Limited”

“Capital for Enterprise Limited”

“Children’s Workforce Development Council”

“Learning and Skills Improvement Service”

“Renewable Fuels Agency”.

Offices

3.—(1) Section 1 of the Act applies to the following offices with effect from the dates specified below—

(a) the Chair of the Charity Commission with effect from 1st August 2009;

(b) the Chief Inspector of Prisons for England and Wales with effect from 14th June 2010; and

(c) the office of stipendiary magistrate with effect from 8th December 2008.

(2) Accordingly, Schedule 1 to the Act is amended by inserting in the list of “Offices” the entries—

“the Chair of the Charity Commission”

“the Chief Inspector of Prisons for England and Wales”

“the office of stipendiary magistrate”.

Removal from Schedule 1

4.  The following entries are removed from Schedule 1 to the Act:

(a) in the list of “Royal Commissions and other Commissions” the entry—

“Northern Ireland Law Commission”, with effect from 12th April 2010;

(b)

in the list of “Other Bodies”, the entries––

“The Arts and Humanities Research Council” with effect from 1st April 2009

“The Commission for Healthcare Audit and Inspection” with effect from 1st April 2009

“The Commission for Social Care Inspection” with effect from 1st April 2009

“Culture East Midlands Limited” with effect from 31st March 2009

“Culture North East Limited” with effect from 31st March 2009

“Culture Northwest Limited” with effect from 31st March 2009

“Culture South East Limited” with effect from 31st March 2009

“Culture South West Limited” with effect from 31st March 2009

“Employment by the Chief Inspector of Criminal Justice in Northern Ireland” with effect from 12th April 2010

“Employment by the Police Ombudsman for Northern Ireland” with effect from 12th April 2010

“Living East Limited” with effect from 31st March 2009

“Employment by the Public-Private Partnership Agreement Arbiter” with effect from 15th October 2010

“Quality Improvement Agency” with effect from 1st September 2008

“The Sector Skills Development Agency” with effect from 1st April 2008

“SITPRO Limited” with effect from 31st August 2010

“West Midlands Life Limited” with effect from 31st March 2009

“Yorkshire Culture Limited” with effect from 31st March 2009

“Employment by the Scottish legal services ombudsman” with effect from 1st October 2008

“Sustainable Development Commission Limited” with effect from 31st March 2011

“Renewable Fuels Agency” with effect from 31st March 2011;

(c)

in the list of “Offices”, the entry—

“The office of rent officer” with effect from 1 April 2009.

Francis Maude

for the Minister for the Civil Service

5th September 2011

EXPLANATORY NOTE

(This note is not part of the Order)

Section 1 of the Superannuation Act 1972 (“the Act”) permits the Minister for the Civil Service to make schemes which make provision for pensions and other benefits in respect of civil servants and persons serving in an employment or office listed in Schedule 1 to the Act. The Principal Civil Service Pension Scheme, the Civil Service Additional Voluntary Contribution Scheme, the Civil Service Compensation Scheme and the Civil Service Injury Benefits Scheme are schemes which have been made under section 1 of the Act.

This Order adds to Schedule 1 to the Act employment by the National Museum of the Royal Navy, the UK Commission for Employment and Skills, the Sustainable Development Commission Limited, the Capital for Enterprise Limited, the Children’s Workforce Development Council, the Learning and Skills Improvement Service and the Renewable Fuels Agency.

This Order also adds to the list of offices in Schedule 1 the Chair of the Charity Commission, the Chief Inspector of Prisons for England and Wales and office of stipendiary magistrate.

The addition of these employments and offices to Schedule 1 to the Act makes the persons serving in the employments and offices eligible to be members of the schemes made under section 1 of the Act, subject to the rules of those schemes.

Employment by the Northern Ireland Law Commission, the Arts and Humanities Research Council, the Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection, Culture East Midlands Limited, Culture North East Limited, Culture Northwest Limited, Culture South East Limited, Culture South West Limited, the Chief Inspector of Criminal Justice in Northern Ireland, the Police Ombudsman for Northern Ireland, Living East Limited, the Public-Private Partnership Agreement Arbiter, the Quality Improvement Agency, the Sector Skills Development Agency, SITPRO Limited, West Midlands Life Limited, Yorkshire Culture Limited, the Sustainable Development Commission Limited, the Renewable Fuels Agency and the Scottish legal services ombudsman is removed from those listed in Schedule 1 to the Act. The Order also removes the office of rent officer from Schedule 1 to the Act.

The changes to Schedule 1 to the Act made by this Order have effect from dates that are before the date this Order is made. This is authorised by section 1(8)(a) of the Act.

An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1972 c. 11.

(2)

See article 2(1)(c) of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670) and article 3 of the Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 1995/269).