There also three matters that the committee may wish to report under the general reporting ground. First, regulation 9 amends regulation 65 of the principal regulations by substituting paragraph (3). Substituted subparagraph (3)(a) refers to entitlement to payment of a lower tier ill-health pension under
“rule 2(2) of the NFPS”.
There are several rules numbered “2(2)” in various parts of the NFPS, at least two of which refer to entitlement to lower tier ill-health pension. The omission of the words “of Part 3” after “rule 2(2)” is a drafting error.
Secondly, regulation 22(d) inserts paragraphs 26 and 28 in new part 3B of schedule 2 to the principal regulations. Paragraph 26(3) refers to a bereavement pension that is payable to a spouse or civil partner under rule E8 of the 1992 scheme, while paragraph 28(2) refers to a bereavement pension that is payable to an eligible child under rule E8A of the 1992 scheme. Those references have been included in error. Rule E8 of the 1992 scheme, as it has effect in Scotland, does not make provision for bereavement pensions, while rule E8A has no effect in Scotland at all. The provisions have effect in England and Wales only. The references to bereavement pensions in paragraphs 26(3) and 28(2) of the principal regulations are accordingly unnecessary.
Thirdly, and finally, the instrument contains a number of minor drafting errors that have been identified by the committee’s legal advisers.
In new paragraphs (6) to (8) of rule 1 of part 11 of the NFPS, as inserted by regulation 28(a)(ii) of the instrument, the references to “paragraph 33” of schedule 2 to the 2015 regulations should be references to “paragraph 32” of that schedule.
In new paragraph (2A)(b) of rule 2 of part 11 of the NFPS, as inserted by regulation 28(b)(ii) of the instrument, the reference to “paragraph 33(4)” of schedule 2 to the 2015 regulations should be a reference to “paragraph 32(4)” of that schedule.
In new rule B1A(3)(a) of the 1992 scheme, as inserted by regulation 34(b) of the instrument, the reference to “paragraph (1)(a)” of rule B1 should be to “paragraph (1)(b)” of rule B1.
In new rule B2A of the 1992 scheme, as inserted by regulation 34(d) of the instrument, the reference to “regulation 65(4)(a)” of the 2015 regulations should be to “regulation 65(3)(b)” of those regulations, and the reference to “rule B1A(3)(i)” of the 1992 scheme should be to “rule B1A(3)(a)” of that scheme.
In new paragraph (1A) of rule B5D of the 1992 scheme, as inserted by regulation 34(h)(ii) of the instrument, the reference to “paragraph (3)(i)” of rule B1A should be to “paragraph (3)(a)” of rule B1A.
Finally, in new paragraphs (9), (10) and (12) of rule G1 of the 1992 scheme, as inserted by regulation 39(a)(ii) of the instrument, the references to “paragraph 34” of schedule 2 to the 2015 regulations should be references to “paragraph 33” of that schedule.
Does the committee therefore agree to draw the instrument to the attention of the Parliament under the general ground on account of drafting errors in regulations 9 and 22(d) and the minor drafting errors that have been identified by the committee’s legal advisers?
Members indicated agreement.