Commentary on Sections and Schedules Administration Section 17: Regulatory oversight
113.Section 17 makes provision about the regulatory responsibility of the Pensions Regulator, established under Part 1 of the Pensions Act 2004, in relation to the governance and administration of public service schemes made under the Act, connected schemes and other public service pension schemes (including, for example, certain existing public service schemes listed in Schedule 5 and new public body schemes created after April 2015).
114.Subsection (1) introduces Schedule 4, which amends the 2004 Act to extend the Pensions Regulator’s role in respect of those schemes.
115.Subsection (2) provides a power for the Secretary of State by order to make provision consequential on the amendments set out in Schedule 4 and to make further or connected provision for the regulation of public service pension schemes within the meaning of the Pensions Act 2004.
116.Subsection (3) provides that the power at subsection (2) includes a power to amend primary legislation (including this Act).
117.Subsection (4) allows for an order under this section to make different provision for different purposes, enabling the correct level of regulatory oversight to be applied in each individual circumstance, if required.
118.Subsection (5) provides that where such an order makes amendments to primary legislation, it will be subject to the affirmative procedure. In other cases, such orders will be subject to the negative procedure. ‘Affirmative procedure’ and ‘negative procedure’ are defined in section 38.