The Local Government Pension Scheme (Administration) (Amendment) Regulations 2008

• Citation: S.I. 2008/3245
• Sections: 7

Section 1 Citation, commencement, application and interpretation

(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 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 .

Section 2 Amendment of the Administration Regulations

The Administration Regulations are amended in accordance with regulations 3 to 7.

Section 3 Amendment of the Administration Regulations

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 (“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.

Section 4 Amendment of the Administration Regulations

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 ;

Section 5 Amendment of the Administration Regulations

In Schedule 4, after the heading “APPROPRIATE FUNDS” insert—

Section 6 Amendment of the Administration Regulations

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;

(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.

(c) members whose employing authority is specified in column 1 of the Table in Part 2 of this Schedule.

Section 7 Amendment of the Administration Regulations

After the Table and Notes in Schedule 4, insert—

Members Affected by Local Government Reorganisation

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.

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.

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.

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.

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.

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

Luton Borough Council

Cheshire East Council

Halton Borough Council

Warrington Borough Council