The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001

Part I General

Citation, commencement and retrospection

1.—(1) These Regulations may be cited as the Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001 and shall come into operation on 28th August 2001 and except as provided in paragraphs (2) and (3) shall have effect from that date.

(2) Regulations 19(1) and (2), and 20 to 24, shall have effect as from 6th April 1988.

(3) Regulation 31 shall have effect as from 28th December 1994.

General interpretation

2.—(1) In these Regulations—

“the 1972 Order” means the Superannuation (Northern Ireland) Order 1972;

“the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996(1);

“assumed member” has the meaning given in regulation 5(2);

“the Committee” means the Northern Ireland Local Government Officers' Superannuation Committee established by the Local Government (Superannuation) Act (Northern Ireland) 1950(2);

“the Department” means the Department of the Environment;

“employing authority” for the purposes of Parts II and III of these Regulations, means a body listed in Part I of Schedule 1;

“employment” includes office and service;

“the LGPS Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2000(3);

“the 1992 Regulations” means the Local Government (Superannuation) Regulations (Northern Ireland) 1992(4);

“LGPS employer” for the purposes of Parts III and IV of these Regulations, means a body listed in Part I of Schedule 1, and for the purposes of Part V, a body listed in Part II of Schedule 1, and including in either case the employing body of any person who is an admission agreement employee (as defined in the LGPS Regulations);

“LGPS member” means a member of the Scheme;

“the Scheme” has the meaning given in the LGPS Regulations.

(2) Any expressions which are used in these Regulations and are not given a specific meaning for the purposes of these Regulations shall be construed as if they were contained in the LGPS Regulations.

(3) Where in these Regulations references are made to anything done under, required under or arising under any provision of the LGPS Regulations, those references shall be construed (so far as the context permits) as references to anything done under, required under or arising under the corresponding provision of the Local Government (Superannuation) Regulations (Northern Ireland) 1981(5) or, as the case may be, the 1992 Regulations; and where any references are made to a member or a person who would be or would have been a member, those references shall be construed so far as the context permits as references to a pensionable employee or, as the case may be, to a person who would be or would have been a pensionable employee, within the meaning of the Local Government (Superannuation) Regulations (Northern Ireland) 1981 or, as the case may be, the 1992 Regulations.

(4) So far as is necessary for the purposes of regulation 1(2) and (3) the regulations shall be deemed to have effect from and including 6th April 1988.

(1)

S.I. 1996/1919 (N.I. 16)

(2)

1950 c. 10 (N.I.)

(3)

S.R. 2000 No. 177

(4)

S.R. 1992 No. 547; amended by other statutory rules listed in Schedule M3 to the Local Government Pension Scheme Regulations (Northern Ireland) 2000 (S.R. 2000 No. 177) which revoke all the 1992 Regulations except for Part L and Schedule 19

(5)

S.R. 1981 No. 96; amended by other instruments listed in Schedule 21 to the Local Government (Superannuation) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 547)