The Public Service Pensions Act 2013 (Amendment of Section 3) Order 2026
The Order amended Section 3(6) of the Public Service Pensions Act 2013 to omit the requirement exemption for Scottish Ministers' scheme regulations covering fire and rescue workers and police members, effective 1st July 2026.
This Statutory Instrument, made by HM Treasury in June 2026 and effective from July 1st, 2026, amends Section 3 of the Public Service Pensions Act 2013 by specifically removing the exemption that previously existed for scheme regulations made by the Scottish Ministers concerning fire and rescue workers and members of a police force; this action removes those specific regulations from the list of those that do not require prior consent from HM Treasury.
Arguments For
Ensures consistent application of HM Treasury consent requirements across specific public service pension schemes following legislative changes, potentially streamlining oversight.
Clarifies the regulatory scope for scheme regulations concerning fire and rescue workers and police members in Scotland by removing their previous exemption status under section 3(6) of the 2013 Act.
Arguments Against
May lead to increased administrative burden on the Scottish Ministers due to the necessity of seeking specific HM Treasury consent for scheme regulations that were previously exempt.
The removal of an established exemption could introduce complexity or friction into the existing governance mechanisms for Scottish police and fire pension schemes.
STATUTORY INSTRUMENTS
2026 No. 611 PUBLIC SERVICE PENSIONS
The Public Service Pensions Act 2013 (Amendment of Section 3) Order 2026
Made - - - -
9th June 2026
Laid before Parliament
10th June 2026
Coming into force - -
1st July 2026
This section identifies the instrument as a Statutory Instrument made in 2026, numbered 611, concerning Public Service Pensions.
The Treasury formally made this Order on June 9th, 2026, presented it to Parliament on June 10th, 2026, and set its commencement date as July 1st, 2026.
The Treasury make this Order in exercise of the power conferred by section 3(7) of the Public Service Pensions Act 2013( 1 ).
The authority for creating this Order comes from the power granted to HM Treasury under section 3(7) of the Public Service Pensions Act 2013.
Citation, commencement and extent
- -(1) This Order may be cited as the Public Service Pensions Act 2013 (Amendment of Section 3) Order 2026.
- (2) This Order comes into force on 1st July 2026.
- (3) This Order extends to England and Wales, Scotland and Northern Ireland.
Clause 1 establishes the official citation name for this legislation.
It confirms that the Order becomes legally active on July 1st, 2026.
Furthermore, the provisions of this Order apply across England, Wales, Scotland, and Northern Ireland.
Amendment of section 3 (scheme regulations) of the Public Service Pensions Act 2013
- In section 3(6)(a) (scheme regulations) of the Public Service Pensions Act 2013, omit ', fire and rescue workers and members of a police force'.
Article 2 enacts the primary legislative change by specifically removing the phrase ', fire and rescue workers and members of a police force' from section 3(6)(a) of the Public Service Pensions Act 2013.
This alters which scheme regulations are exempt from needing HM Treasury consent.
9th June 2026
Stephen Morgan Christian Wakeford Two of the Lords Commissioners of His Majesty's Treasury
This confirms the date the Order was signed and identifies the two signatories, Stephen Morgan and Christian Wakeford, acting in their capacity as Lords Commissioners of His Majesty's Treasury.
( 1 ) 2013 c. 25; section 3(7) was inserted by section 94(6) of the Public Service Pensions and Judicial Offices Act 2022 (c. 7). There are other amendments to section 3 but none are relevant.
This footnote clarifies the legal basis: the principal Act is the Public Service Pensions Act 2013 (chapter 25).
It notes that the power used for this Order, section 3(7), was introduced by Section 94(6) of the Public Service Pensions and Judicial Offices Act 2022.
EXPLANATORY NOTE
(This note is not part of the Order)
Section 3(6) of the Public Service Pensions Act 2013 (c. 25) ('the 2013 Act') lists certain types of scheme regulations that are exempt from the requirement in section 3(5) of the Public Service Pensions Act 2013 to obtain consent from HM Treasury before being made.
This Order amends section 3(6) of the 2013 Act by removing, from that exemption, scheme regulations of the Scottish Ministers relating to fire and rescue workers and members of the police force.
A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies that section 3(6) of the 2013 Act lists regulations exempt from needing HM Treasury consent under section 3(5).
The Order removes the exemption for regulations created by the Scottish Ministers that cover fire and rescue workers and police members.
Since no significant impact on any sector is anticipated, a full impact assessment was not deemed necessary.
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