Memorandum from the Leader of the House
REGULATIONS 2002 (S.I. 2002/1807)
1. The Joint Committee has requested a Memorandum
on two points:
In new regulation D2(3E) (inserted by regulation
2(4)) explain the relevance of the reference to "the date
of the election referred to in sub-paragraph
(b) or (c).
2. The reference to the date "of the election"
is an error. Paragraph (3E) should refer back to "the date
on which he was appointed as an office holder referred to in sub-paragraph
(b) or (c)".
New paragraph 7(2) of Schedule 5 (inserted by
regulation 6) authorises the Trustees to direct that the adopted
child shall be treated as a relevant child if they are satisfied
that the deceased and his or her husband or wife before the termination
of their marriage had already formed the intention of adopting
the child and the child was at the time of the deceased's death
wholly dependant on the deceased. Should
the italicised word have read "wholly or mainly", as
in paragraph 3 of that Schedule? If not, explain the reason for
3. The words "or mainly" were omitted in
error. The policy intention was to benefit an adopted child wholly
or mainly dependant on the deceased.
4. In order to correct these errors before they can
have any legal effect, the Leader of the House proposes to make
an amending instrument [The Parliamentary Pensions (Amendment)
(No. 2) Regulations 2002, S.I. 2002/1887] to come into force on
5th August simultaneously with this instrument. I trust that the
Joint Committee will be prepared to disregard the "21 day
rule" in respect of the amending instrument so that I can
achieve this result.
19 July 2002