Commentary on Sections and Schedules Transitional Section 19: Closure of existing injury and compensation schemes
129.Section 19 deals with existing injury and compensation schemes. Subsection (1) permits scheme regulations to provide for the closure or restriction of existing schemes that provide for the payment of benefits relating to compensation for loss of office and for injury benefits, as listed in Schedule 6. The Act does not set a date or require a date to be set for the closure of these injury and compensation schemes.
130.The schemes listed in Schedule 6 relate to employment in the armed forces, civil service, fire service, judiciary, local government, NHS, the police and teaching. These injury benefit and compensation schemes are for the most part separate from the pension schemes for those workforces and their membership is not restricted to persons who are members of those pension schemes.
131.Section 1 of the Act provides powers for schemes to be made in relation to those workforces in the future (see section 1 and paragraph 2 of Schedule 3); replacement schemes can be set up in the event that the powers in subsection (1) are used.
132.Subsection (3) provides for schemes to make exceptions to subsection (1). This power could be used to allow for transitional provisions for current members.
133.Subsection (4) provides that closure or restriction may be achieved by amending the existing schemes using scheme regulations made under the Act.