Statutory Instruments
2021 No. 272
Local Government, England
The Northamptonshire (Structural Changes) (Supplementary Provision and Amendment) Order 2021
Made
9th March 2021
Coming into force
1st April 2021
The Secretary of State makes this Order in exercise of the powers conferred by sections 7, 11 and 13 of the Local Government and Public Involvement in Health Act 2007( 1 )(“the 2007 Act”).
The incidental, consequential and supplementary provision made by this Order relates to the Northamptonshire (Structural Changes) Order 2020( 2 ) made under section 7 of the 2007 Act( 3 ).
In accordance with section 240(6) of the 2007 Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Northamptonshire (Structural Changes) (Supplementary Provision and Amendment) Order 2021 and comes into force on 1st April 2021.
Lords-Lieutenant
2. In the Lieutenancies Act 1997( 4 ), in paragraph 3 of Schedule 1 (counties in England for the purposes of the Act), the following entry shall be inserted in the Table after Lincolnshire—
| “ Northamptonshire | North Northamptonshire and West Northamptonshire ” |
Sheriffs
3. In the Sheriffs Act 1887( 5 ), in Schedule 2A (counties in England for the purposes of the Act), the following entry shall be inserted in the Table after Lincolnshire—
| “ Northamptonshire | North Northamptonshire and West Northamptonshire ” |
Local Government pension fund
4. The local government pension fund maintained by Northamptonshire County Council by virtue of regulations under section 7 of the Superannuation Act 1972( 6 )(superannuation of persons employed in local government service, etc) together with all other property, rights and liabilities in respect of the fund, shall vest in West Northamptonshire Council.
5. —(1)The Local Government Pension Scheme Regulations 2013( 7 ) are amended in accordance with paragraphs (2), (3) and (4).
(2) In regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) after paragraph (12) insert—
“ (13) Where the exiting employers are Northamptonshire County Council, Corby Borough Council, Daventry District Council, East Northamptonshire District Council, Kettering Borough Council, Northampton Borough Council, South Northamptonshire District Council and Wellingborough Borough Council—
(a) the assets and liabilities of the fund in respect of benefits due to or in respect of current or former employees (or those of any predecessor authority) of the exiting employers shall be allocated between North Northamptonshire Council and West Northamptonshire Council in proportions to be determined by West Northamptonshire Council, and
(b) paragraph (14) applies.
(14) No exit payment or exit credit is due under paragraph (1) and paragraph (2) does not apply.
(15) In determining the proportions for the purposes of paragraph (13)(a) West Northamptonshire Council must seek advice from an actuary and consult with North Northamptonshire Council. ”
(3) In Part 1 of Schedule 3 (pension funds) in paragraph 1 at the end add—
“ (zc) West Northamptonshire Council. ” .
(4) In the table after paragraph 4 in Part 2 of Schedule 3 at the end add—
| “ An employee of North Northamptonshire Council | West Northamptonshire Council ” |
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Luke Hall
Minister of State
Ministry of Housing, Communities and Local Government
9th March 2021
S.I. 2020/156 . This Order was amended by the Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 S.I. 2020/426 .
Section 13(3) provides that any incidental, consequential, transitional or supplementary provision included in an order under section 7 may relate either to other provisions of the order or to a previous order under section 7.
1887 c.55 ; Schedule 2A was inserted by regulation 8 of S.I. 1995/1748 .
1972 c.11 . The relevant operative regulations are S.I. 2013/2356 .
S.I. 2013/2356 as amended by S.I. 2014/1012 , S.I. 2014/1146 , S.I. 2015/755 , S.I. 2016/449 , S.I. 2016/653 , S.I. 2017/126 , S.I. 2017/251 , S.I. 2017/612 , S.I. 2018/103 , S.I. 2018/269 , S.I. 2018/493 , S.I. 2018/1133 , S.I. 2019/615 , S.I. 2020/123 and S.I. 2020/179 .