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Henry V111 Clauses

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Henry V111 Clauses

Post by Beachcomber on Thu Feb 05, 2015 8:08 pm

Some contributors to our forum have mentioned Human Rights legislation preventing retrospective changes to regulations and other legislation, particularly in the case of IOD's, Regulations covering scheduled benefits like ESA.

I have taking a look at the way regulations can be changed and varied and one of the things that has come to my attention recently has been the existence of 'Henry Eighth Clauses'. I have found this item on the Solicitors Journal web site which explains more about these clauses and details concerns about the clauses in relation to the Public Sector Pension Bill which had been presented in the autumn of 2012.


Quite how these provisions relate to our pensions, or even if they do, I don't know, but it does look like it is something we need to be aware of. Can any of our members enlighten us?

from Wikipedia - Statutory Instruments -

Henry VIII clauses[edit]
Some statutory instruments are made under provisions of Acts which allow the instrument to change the parent Act itself, or to change other primary legislation. These provisions, allowing primary legislation to be amended by secondary legislation, are known as Henry VIII clauses, because an early example of such a power was conferred on King Henry VIII by the Statute of Proclamations 1539.[17] The Delegated Powers and Regulatory Reform Select Committee of the House of Lords issued a report concerning the use and drafting of such clauses,[18] an issue its chairman remarked "goes right to the heart of the key constitutional question of the limits of executive power".[19] Such clauses have often proved highly controversial – for instance, that in the Nationality, Immigration and Asylum Act 2002 which prompted the aforementioned report, and the Legislative and Regulatory Reform Act 2006.

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Re: Henry V111 Clauses

Post by souplesse on Sat Feb 07, 2015 4:54 pm

Section 2(3)(a) of the Police Pension Act makes it difficult for them to retroactively apply new regulations.  Mainly as the Act specifies that further regulations can not be less favourable - using a statutory instrument via an archaic 'henry viii' to supersede it gets into a infinite loop of the primary not allowing the secondary instrument but the secondary instrument overruling it - ad infinitum.:

[ not, unless he elects otherwise within such time and in such manner as may be so prescribed, less favourable than the scale applicable in his case immediately before the coming into force of the regulations.]

Last edited by souplesse on Sun Feb 08, 2015 9:51 am; edited 1 time in total

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Re: Henry V111 Clauses

Post by souplesse on Sat Feb 07, 2015 6:15 pm

Another reason why it will near impossible for them supplant pibr 2006 in its entirety is that regulation's definition of an IOD.  Any new statutory instrument applied retrospectively will try to alter the definition of an IOD.  Mainly the to/from work given the draft efforts we've seen floating around..  This parks a minority of those retired under 87/06 regs out of scope and theoretically not entitled to an IOD.  Forcing retroactive changes will cause a legal nightmare on how the new regs can apply for those this affects.  The IOD cant be revoked, but under the retroactive changes they shouldn't have an iod, so how can reviews happen; limbo only solved by not allowing any retroactive changes.

Pibr 2006. 6.—(1) A reference in these Regulations to an injury received in the execution of duty by a member of a police force means an injury received in the execution of that person’s duty as a constable and, where the person concerned is an auxiliary policeman, during a period of active service as such.
(2) For the purposes of these Regulations an injury shall be treated as received by a person in the execution of his duty as a constable if—
(a) the member concerned received the injury while on duty or while on a journey necessary to enable him to report for duty or return home after duty, or [...]

Last edited by souplesse on Sat Feb 07, 2015 6:16 pm; edited 1 time in total (Reason for editing : Spelling)

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Re: Henry V111 Clauses

Post by officerdribble on Sun Feb 08, 2015 11:54 pm

No wonder it's taking forever to sort out the mess!


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