- Latest available (Revised)
- Original (As made)
iBet uBet web content aggregator. Adding the entire web to your favor.
Link to original content: http://www.legislation.gov.uk/id/uksi/2023/113/regulation/8/3/d
There are currently no known outstanding effects for the The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8.—(1) Paragraphs (2) to (6) apply where—
(a)an individual has any remediable service in a tax year that is pensionable service under a Chapter 1 scheme or a judicial 2015 scheme, and
(b)as a result of a relevant rectification provision, the amount of the individual’s liability to the annual allowance charge for the tax year increases.
(2) Section 237B of FA 2004 (liability of scheme administrator)(1) applies in relation to the tax year and the individual separately in relation to—
(a)the individual’s liability to the annual allowance charge for the tax year disregarding the increase, and
(b)the individual’s liability to the annual allowance charge for the tax year represented by the increase.
(3) In the application of section 237B of FA 2004 as it applies by virtue of paragraph (2)(b)—
(a)the conditions in paragraphs (a) and (b) of subsection (1) are to be treated as met;
(b)subsection (3) has effect as if—
(i)for “the scheme administrator of the pension scheme” there were substituted “the scheme administrator of the Chapter 1 scheme or the judicial 2015 scheme, within the meaning of Chapter 1 or Chapter 2 of Part 1 of the Public Service Pensions and Judicial Offices Act 2022,”;
(ii)for paragraph (a) there were substituted—
“(a)does not exceed the increase in the individual’s liability to the annual allowance charge for the tax year mentioned in regulation 8(1)(b) of the Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023, and”;
(c)subsections (4) to (4B) are to be ignored.
[F1(d)subsection (5)(a) has effect as if “(but subject to subsection (6))” were omitted;
(e)subsection (6) is to be ignored.]
(4) In the application of section 237BA of FA 2004 (time limit for scheme pays notices)(2) in relation to a scheme pays notice given under section 237B of FA 2004 as that section applies by virtue of paragraph (2)(b), the reference in subsection (2) of that section to 31st July is to be read as a reference to 6th July 2025 or, where the condition in paragraph (5) is met, 6th July 2027.
(5) The condition is that—
(a)the remediable service in question is pensionable under a Chapter 1 legacy scheme, and
(b)the member is a pensioner F2... member.
(6) For the purposes of paragraph (5)(b) the member is a “pensioner F3... member” if an election under section 6 of PSPJOA 2022 (immediate choice to receive new scheme benefits) has been made, or is capable of being made, in respect of them.
(7) In this regulation “relevant rectification provision” means any of the following provisions of PSPJOA 2022—
(a)section 2(1) (roll-back of remediable service to Chapter 1 legacy scheme);
(b)section 6(5) (effect of making new scheme benefits election in respect of pensioner or deceased member of Chapter 1 legacy scheme);
(c)section 45(2) (effect of making 2015 scheme election in respect of person with remediable service in judicial office).
Textual Amendments
F1Reg. 8(3)(d)(e) inserted (14.9.2023) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023 (S.I. 2023/912), regs. 1(2), 23(a) (with reg. 1(3))
F2Words in reg. 8(5)(b) omitted (14.9.2023) by virtue of The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023 (S.I. 2023/912), regs. 1(2), 23(b) (with reg. 1(3))
F3Words in reg. 8(6) omitted (14.9.2023) by virtue of The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No. 2) Regulations 2023 (S.I. 2023/912), regs. 1(2), 23(c) (with reg. 1(3))
Commencement Information
Section 237B was inserted by paragraph 15 of Schedule 17 to FA 2011 (c. 11) and was amended by paragraph 129 of Schedule 46 to FA 2013 (c. 29), paragraph 68 of Schedule 1 to the Taxation of Pensions Act 2014 (c. 30) and section 9 of FA 2022, and by S.I. 2015/80, S.I. 2015/1810, S.I. 2017/468, S.I. 2019/201.
Section 237BA was inserted by section 9 of FA 2022 (c. 3).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.