Part 1: Public Service Pension Schemes Chapter 4: General Section 94: Amendments relating to scheme regulations
This section provides for amendments to the PSPA 2013 and the PSPA(NI) 2014. Section 94(1) to 94(4) amend section 3 of the PSPA 2013 to allow scheme regulations to make consequential, supplementary, incidental or transitional provision amending any primary legislation passed before or in the same session as this Act or secondary legislation. In conjunction with section 37 and 74, this allows responsible authorities for new schemes to use scheme regulations to amend both legacy schemes and new schemes, in order to make consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of this Act. Section 94(11) to 94(14) make the same provision in respect of the PSPA(NI) 2014.
	Section 94(5) and 94(6) remove an exception to the requirement in section 3(5) (and contained in section 3(6)(b)) of the PSPA 2013) for Treasury consent in the making of scheme regulations by a responsible authority. The relevant exception is set out in section 3(6)(b) PSPA 2013 and relates to scheme regulations of the Welsh Ministers for fire and rescue workers. This reflects the introduction of an Exchequer grant for these pensions where employer and employee contributions are insufficient to meet the current costs of paying pensions. As a consequence, Treasury consent will now be required before the Welsh Ministers make scheme regulations relating to fire and rescue workers. The section also introduces a delegated power for the Treasury to make future amendments to the exceptions set out in section 3(6) PSPA 2013 through a Treasury order.
	Section 94(7) amends section 8 of the PSPA 2013 to clarify that local government new schemes remain career average revalued earnings schemes, notwithstanding the changes made through this Act to remedy the discrimination. Section 94(15) makes the same provision in respect of the PSPA(NI) 2014.
	Section 94(8) amends the PSPA 2013, section 21, to provide that the consultation requirements in relation to scheme regulations imposed by that section may be satisfied by consultation before, as well as after, the coming into force of the powers in this Act, and the consequential amendment power inserted by this Act into section 3(2)(c) of the PSPA 2013. The policy intention is that this will allow schemes to consult upon their scheme regulations when they are ready to do so. Section 94(16) makes the same provision in respect of the PSPA(NI) 2014.
	Section 94(9) amends the PSPA 2013, section 23, which sets out the procedure in relation to retrospective provision in scheme regulations. Under section 23 PSPA 2013, where a responsible authority proposes to make scheme regulations containing retrospective provision, the responsible authority must first consult the persons likely to be affected (or their representatives) with a view to reaching agreement with them (or obtain their consent where the provision appears to have significant adverse effects) and is required to lay a report before Parliament, Senedd Cymru, the Scottish Parliament or the Northern Ireland Assembly. Section 84(9) inserts an exception to section 23 PSPA 2013 where retrospective provision is made under any provision contained in Part 1 of this Act, or any consequential, supplementary, incidental or transitional provision under section 3(2)(c) PSPA 2013 (which is inserted by section 84(3)). Section 84(10) provides a definition for the abbreviation of this Act to be inserted into section 37 PSPA 2013. Section 94(17) and 94(18) make equivalent provision in respect of the PSPA(NI) 2014.