Official Report 74KB pdf
Do members want to make any comments on the instrument?
These are the regulations that have a vires problem. Another point is how regulation 3A(2) fits in with regulation 3A(3). The relevant date has been substituted, which is not helpful. That means that there is doubt as to whether it is intra vires.
That ties in with my experience as a practising lawyer. The relevant date is critical. Even 12 months—11 months and 30-odd days—could cause changes in some pensions. The relevant date is the relevant date in terms of existing legislation and the case law, so to change the relevant date from a precise date to something far broader is problematic.