The Public Service Pensions Act 2013 (Commencement No. 4) Order 2014

Statutory Instruments

2014 No. 839 (C. 36)

Public Service Pensions

The Public Service Pensions Act 2013 (Commencement No. 4) Order 2014

Made

26th March 2014

The Treasury make the following Order in exercise of the powers conferred by section 41(2) and (3) of the Public Service Pensions Act 2013(1):

Citation and interpretation

1.—(1) This Order may be cited as the Public Service Pensions Act 2013 (Commencement No. 4) Order 2014.

(2) In this Order—

“the Act” means the Public Service Pensions Act 2013; and

“transitional councillor member” means a person meeting the description in paragraph (1)(a) or (b) of regulation 26 (councillor pensions) of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014(2).

Commencement of governance provisions

2.—(1) 1st April 2014 is the day appointed for the coming into force of the provisions of the Act identified in paragraph (2) for all remaining purposes except for those referred to in paragraph (3).

(2) The provisions are—

(a) section 4 (scheme manager);

(b) section 5 (pension board);

(c) section 6 (pension board: information); and

(d) section 7 (scheme advisory board).

(3) The provisions shall not come into force for the following purposes—

(a) the purpose of making scheme regulations to establish schemes for the payment of pensions and other benefits to or in respect of local government workers in England and Wales; and

(b) the purpose of making scheme regulations to establish schemes for the payment of pensions and other benefits to or in respect of fire and rescue workers.

Commencement of provisions on pension age and existing pension schemes

3.—(1) 1st April 2014 is the day appointed for the coming into force of the provisions of the Act identified in paragraph (2) for all remaining purposes except for those referred to in paragraph (3).

(2) The provisions are—

(a) section 10 (pension age); and

(b) section 18 (restriction of existing pension scheme) and Schedule 5 (existing pension schemes).

(3) The provisions shall not come into force for the purposes of any requirements relating to transitional councillor members in connection with their membership of schemes for the payment of pensions and other benefits to or in respect of local government workers in England and Wales.

Commencement of consequential amendments

4.—(1) 1st April 2014 is the day appointed for the coming into force of section 27 of the Act (consequential and minor amendments) for the purposes of introducing the paragraphs identified in this article, to the extent specified.

(2) The following paragraphs of Schedule 8 to the Act (consequential and minor amendments) come into force on 1st April 2014 for all purposes—

(a) paragraph 1 (pensions of judges under the County Courts Act (Northern Ireland) 1959);

(b) paragraph 2 (pensions of district judges under the District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960);

(c) paragraph 3 (pensions under the Sheriffs’ Pensions (Scotland) Act 1961);

(d) paragraphs 6, 7, 8, 9, 10 and 11 (amendments to the Superannuation Act 1972);

(e) paragraph 12 (amendment to the Police Pensions Act 1976);

(f) paragraphs 13 and 30 (parliamentary staff schemes);

(g) paragraph 14 (amendment to the Judicial Pensions Act 1981);

(h) paragraph 15 (amendment to the Local Government and Housing Act 1989 on voting rights for local authority committees that are scheme managers);

(i) paragraphs 16 and 17 (amendments to the Judicial Pensions and Retirement Act 1993);

(j) paragraphs 22, 23, 24 and 25 (amendments to the Police Act 1996);

(k) paragraph 26 (amendment to the Human Rights Act 1998 for ECHR judges);

(l) paragraph 27 (amendment to the Fire and Rescue Services Act 2004);

(m) paragraph 28 (amendment to the Armed Forces (Pensions and Compensation) Act 2004);

(n) paragraph 29 (amendment to the Constitutional Reform Act 2005 on the protected functions of the Lord Chancellor); and

(o) paragraph 31 (amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for transitional protection of employees of the Legal Services Commission).

(3) Paragraphs 18, 19 and 20 (amendments to the Pension Schemes Act 1993 on short service benefit and revaluation) of Schedule 8 to the Act come into force on 1st April 2014 for all purposes except for those of any requirements relating to transitional councillor members in connection with their membership of schemes for the payment of pensions and other benefits to or in respect of local government workers in England and Wales.

Commencement of provisions relating to existing local government pension scheme

5.  1st April 2014 is the day appointed for the coming into force of section 28 of the Act (existing local government schemes) for all purposes.

Commencement of provision on employer contributions

6.  2nd April 2014 is the day appointed for the coming into force of section 13 of the Act (employer contributions in funded schemes) for all purposes.

Commencement of revaluation provision

7.—(1) The day appointed for the coming into force of section 9(4)(a) of the Act (revaluation) is—

(a) 1st April 2015 for the purposes of an order in respect of scheme regulations to establish schemes for the payment of pensions and other benefits to or in respect of local government workers in England and Wales; and

(b) 1st April 2016 for all remaining purposes.

Sam Gyimah

Anne Milton

Two of the Lords Commissioners of Her Majesty’s Treasury

26th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Public Service Pensions Act 2013 (c.25). This is the fourth commencement order to be made under that Act.

Article 2 commences on 1st April 2014 sections 4 to 7 (governance) for all purposes except for schemes for local government workers in England and Wales and fire and rescue workers.

Article 3 commences on 1st April 2014 section 10 (pension age), section 18 (restriction of existing pension schemes) and Schedule 5 (existing pension schemes) for all remaining purposes except in respect of certain councillor members of a local government pension scheme in England and Wales.

Article 4 commences on 1st April 2014 those amendments made by section 27 and Schedule 8 (consequential and minor amendments) that are not already in force, for specified purposes.

Article 5 commences on 1st April 2014 section 28 (existing local government schemes).

Article 6 commences on 2nd April 2014 section 13 (employer contributions in funded schemes).

Article 7 commences section 9(4)(a) (requirement to make an annual revaluation order) on 1st April 2015 for the purposes of a local government pension scheme in England and Wales, and on 1st April 2016 for all remaining purposes.

This Order will have no effect on the costs of business and the voluntary sector. For that reason no impact assessment has been produced for it.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Section 1	28.02.2014	2014/433 (C.19)
Section 2	28.02.2014	2014/433 (C.19)
Section 3	28.02.2014	2014/433 (C.19)
Section 4 (partly)	28.02.2014	2014/433 (C.19)
Section 5 (partly)	28.02.2014	2014/433 (C.19)
Section 6 (partly)	28.02.2014	2014/433 (C.19)
Section 7 (partly)	28.02.2014	2014/433 (C.19)
Section 8	28.02.2014	2014/433 (C.19)
Section 9 (partly)	28.02.2014	2014/433 (C.19)
Section 10 (partly)	25.06.2013	2013/1518 (C.61)
Section 10 (partly)	28.02.2014	2014/433 (C.19)
Section 11 (2), (3), and (4) (partly)	01.12.2013	2013/2818 (C.112)
Section 12 (2), (3), (4), (5), (8) and (9) (partly)	01.12.2013	2013/2818 (C.112)
Section 12 (2), (3), (4), (5), (8) and (9) (partly)	28.02.2014	2014/433 (C.19)
Section 14 (2), (3) and (6) (partly)	01.11.2013	2013/2818 (C.112)
Section 14 (for all remaining purposes)	28.02.2014	2014/433 (C.19)
Section 16 (partly)	01.11.2013	2013/2818 (C.112)
Section 17 (1) (partly)	01.11.2013	2013/2818 (C.112)
Section 17(2) to (5)	01.11.2013	2013/2818 (C.112)
Section 18 (partly)	28.02.2014	2014/433 (C.19)
Section 19	28.02.2014	2014/433 (C.19)
Section 20	28.02.2014	2014/433 (C.19)
Section 21	01.11.2013	2013/2818 (C.112)
Section 22	28.02.2014	2014/433 (C.19)
Section 23	01.11.2013	2013/2818 (C.112)
Section 24	28.02.2014	2014/433 (C.19)
Section 25	28.02.2014	2014/433 (C.19)
Section 26	28.02.2014	2014/433 (C.19)
Section 27 (partly)	01.02.2014	2013/2818 (C.112)
Section 27 (partly)	28.02.2014	2014/433 (C.19)
Section 35	01.11.2013	2013/2818 (C.112)
Section 36	25.06.2013	2013/1518 (C.61)
Section 37	28.02.2014	2014/433 (C.19)
Schedule 1	28.02.2014	2014/433 (C.19)
Schedule 2	28.02.2014	2014/433 (C.19)
Schedule 3	28.02.2014	2014/433 (C.19)
Schedule 4, paragraphs 1, 14 to 16, 18 and 22	01.11.2013	2013/2818 (C.112)
Schedule 5 (partly)	28.02.2014	2014/433 (C.19)
Schedule 6	28.02.2014	2014/433 (C.19)
Schedule 7	28.02.2014	2014/433 (C.19)
Schedule 8, paragraphs 4 and 5	28.02.2014	2014/433 (C.19)
Schedule 8, paragraph 21	01.02.2014	2013/2818 (C.112)

(1)

2013 c.25.

(2)

S.I. 2014/525.