Commentary on Sections and Schedules Procedure for scheme regulations Section 24: Other procedure
151.Section 24 sets out the legislative procedures which apply to the making of scheme regulations. A higher level of parliamentary scrutiny is required in each case if scheme regulations are used to amend primary legislation or to make retrospective amendments that appear to the responsible authority to have significant adverse effects in relation to members of schemes.
152.Subsection (1) provides that scheme regulations are subject to the affirmative procedure (see section 38(2)) if they amend primary legislation; make retrospective provision that may adversely affect members of schemes to a significant extent; or are scheme regulations relating to the judiciary (unless the pension board for the judiciary scheme has stated that it considers the regulations to be minor or beneficial).
153.Subsection (2) provides that in all other cases scheme regulations are subject to the negative procedure (see section 38(3)).
154.Subsection (3) provides that when scheme regulations subject to the negative procedure are combined with regulations subject to the affirmative procedure, the combined regulations are subject to the affirmative procedure.