Statutory Instruments
2003 No. 2249
PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (Amendment) Regulations 2003
Made
1st September 2003
Laid before Parliament
8th September 2003
Coming into force
1st October 2003
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972( 1 ) and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following regulations:
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2003.
(2) These Regulations shall come into force on 1st October 2003, but regulation 2 shall have effect from 8th December 2002.
(3) In these Regulations, “the principal Regulations” means the Local Government Pension Scheme Regulations 1997( 2 ).
(4) These Regulations extend only to England and Wales( 3 ).
Paternity and adoption
2. The principal Regulations shall be amended in accordance with the Schedule to these Regulations.
Councillor members
3. In paragraph 4 of Schedule 8( 4 ) to the principal Regulations, in paragraph (6) of the substituted regulation 13 (meaning of “pay”), for the words “the coming into force of these Regulations” substitute the date “1st May 2003”.
Signed by the authority of the Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
1st September 2003
Regulation 2
SCHEDULE
| Regulations | Amendment |
|---|---|
| 9(7), 18(2) | After each occurrence of “maternity” insert “or adoption”. |
| 17(2), 21(6A), 55(9), 79(6) | After each occurrence of “maternity” insert “, paternity or adoption”. |
| 17(3A) | After both occurrences of “ordinary maternity leave” insert “, ordinary adoption leave or paternity leave” and after “statutory maternity” insert “, paternity or adoption”. |
| Schedule 1 | (1) Before “Ordinary maternity leave” insert “ “Ordinary adoption leave” means leave under section 75A of the Employment Rights Act 1996 ( 5 ) ; ” ; (2) Before “Payment in lieu of contributions” insert “ “Paternity leave” means leave under regulations 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ( 6 ) ; ” ; and (3) For the words ““Period of maternity absence”” to “return to work” substitute “ “Period of maternity, paternity or adoption absence” means any period throughout which a member is absent from duty because he is exercising his right to take maternity, paternity or adoption leave in accordance with sections 71, 73, 75A or 75B ( 7 ) of the Employment Rights Act 1996 or regulations 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ” . |
1972 c. 11 ; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 ( 1990 c. 7) .
The Secretary of State’s functions under section 7 of the Superannuation Act 1972 in so far as they were exercisable in relation to Scotland were devolved to Scottish Ministers by section 63 of the Scotland Act 1998 ( 1998 c. 46) and article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc. ) Order 1999 (S.I. 1999/1750 ).
Schedule 8 was added to the Local Government Pension Scheme Regulations 1997 by S.I. 2003/1022 .
1996 c. 18 , as inserted by section 3 of the Employment Act 2002 ( 2002 c. 22) .
S.I. 2002/2788 .
Section 75B was inserted by section 3 of the Employment Act 2002.