Statutory Instruments
2008 No. 3245
Pensions, England And Wales
The Local Government Pension Scheme (Administration) (Amendment) Regulations 2008
Made
16th December 2008
Laid before Parliament
23rd December 2008
Coming into force
1st April 2009
The Secretary of State for Communities and Local Government makes these Regulations in exercise of the powers conferred by sections 7 and 12 of the Superannuation Act 1972( 1 ).
In accordance with section 7(5) of that Act, the Secretary of State has consulted (a) such associations of local authorities as appeared to the Secretary of State to be concerned; (b) the local authorities with whom consultation appeared to the Secretary of State to be desirable; and (c) such representatives of other persons likely to be affected by the Regulations as appeared to the Secretary of State to be appropriate.
Citation, commencement, application and interpretation
1. —(1) These Regulations may be cited as the Local Government Pension Scheme (Administration) (Amendment) Regulations 2008.
(2) These Regulations shall come into force on 1st April 2009, but regulation 4 shall have effect from 1st April 2008 and regulation 3 from 28th June 2008.
(3) Regulations 3 and 4 apply in relation to England and Wales( 2 ) and regulations 5 to 7 apply in relation to England.
(4) In these Regulations “the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations 2008( 3 ).
Amendment of the Administration Regulations
2. The Administration Regulations are amended in accordance with regulations 3 to 7.
3. In regulation 16 (re-employed and rejoining deferred members), after paragraph (6) insert—
“ (7) But paragraph (6) does not apply to a member who is the subject of—
(a) a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( 4 ) (“the TUPE Regulations ”) apply; or
(b) a transfer which is treated as if it were a relevant transfer within the meaning of regulations 2(1) and 3 of the TUPE Regulations, notwithstanding regulation 3(5) of those Regulations. ” .
4. In Schedule 1, after the definition of “Local education authority” insert—
“ “Local government area” has the same meaning as in section 270 of the Local Government Act 1972 ( 5 ) ; ” .
5. In Schedule 4, after the heading “APPROPRIATE FUNDS” insert—
“ Part 1 ”
6. In the Table in Schedule 4, for paragraph 7 substitute—
“ 7. Members for whom no fund is specified by paragraphs 1 to 6, being— | |
(a) members whose employing authority is specified in column 1 of the Table in Part 3 of Schedule 5 to the 1997 Regulations; | Fund maintained by the administering authority specified for that authority in column 2 of the Table in Part 3 of that Schedule. |
(b) members whose employing authority’s area is situated wholly or mainly in the local government area of another employing authority which is specified in column 1 of the Table in Part 3 of Schedule 5 to the 1997 Regulations. | Fund maintained by the administering authority specified for that other authority in column 2 of the Table in Part 3 of that Schedule. |
(c) members whose employing authority is specified in column 1 of the Table in Part 2 of this Schedule. | Fund maintained by the administering authority specified for that authority in column 2 of the Table in Part 2 of this Schedule. ” . |
7. After the Table and Notes in Schedule 4, insert—
“ Part 2 Members Affected by Local Government Reorganisation
| Employing authority | Administering authority |
|---|---|
(1) On 1st April 2009 Central Bedfordshire Council is established as the sole principal authority for the new non-metropolitan district of Central Bedfordshire for which see S.I. 2008/907 , article 4. | |
(2) On 1st April 2009 Bedford Borough Council becomes the sole principal authority for the non-metropolitan borough of Bedford for which see S.I. 2008/907 , article 3(3) (article 3(1) and (2) of that Order provide that there will be a county comprising the area of the Borough of Bedford but no council for that area). From 1st April 2009 Bedford Borough Council becomes the administering authority for Central Bedfordshire Council and Luton Borough Council. | |
(3) Bedfordshire County Council is until its abolition (for which see S.I. 2008/907 , article 5), the administering authority for Luton Borough Council for which see S.I. 1997/1612 , Schedule 5. Schedule 5 was revoked by S.I. 2008/238 , but that revocation has no effect on the function of Bedfordshire County Council as an administering authority. | |
(4) On 1st April 2009 Cheshire East Council is established as the sole principal authority for the new non-metropolitan district of Cheshire East for which see S.I. 2008/634 , article 3. | |
(5) On 1st April 2009 Cheshire West and Chester Council is established as the sole principal authority for the new non-metropolitan district of Cheshire West and Chester for which see S.I. 2008/634 , article 4. From 1st April 2009 Cheshire West and Chester Council becomes the administering authority for Cheshire East Council, Halton Borough Council and Warrington Borough Council. | |
(6) Cheshire County Council is until its abolition (for which see S.I. 2008/634 , article 5) , the administering authority for Halton Borough Council and Warrington Borough Council for which see S.I. 1997/1612 , Schedule 5 (as note 3, the revocation of Schedule 5 has no effect on the function of Cheshire County Council as an administering authority). ” . | |
Central Bedfordshire Council (1) Luton Borough Council (3) | Bedford Borough Council (2) |
Cheshire East Council (4) Halton Borough Council (6) Warrington Borough Council (6) | Cheshire West and Chester Council (5) |
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
16th December 2008
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 Scottish Ministers etc ) Order 1999 ( S.I. 1999/1750 ).
S.I. 2008/239 , to which there are amendments not relevant to these Regulations.
S.I. 2006/246 , to which there are amendments not relevant to these Regulations.