The Teachers' Pension Scheme Regulations 2014

Accepted function providers E+W

3.—(1) A function provider is accepted under this paragraph in respect of a function or service if the scheme manager gives it a written notice specifying—

(a) that function or service, and the local authority to which the function or service relates; and

(b) the date on which it becomes accepted in respect of that function or service, which must be a date agreed between the scheme manager and the function provider.

(2) A function provider may be accepted only if—

(a) it makes a written application to the scheme manager specifying the function or service in respect of which it wishes to be accepted; and

(b) a guarantee is provided to the scheme manager.

(3) The functions or services in respect of which a function provider may be accepted are—

(a) a function which it performs on behalf of a local authority in accordance with a direction under section 497A(4) M1 of EA 1996;

(b) an education function of a local authority which it is nominated to exercise under section 497A(4A) M2 of EA 1996 or section 15(6) of the Local Government Act 1999 M3 ;

(c) a service which it provides or makes available under a best value arrangement for the purposes of, or in connection with, the exercise of an education function of a local authority.

(4) A function provider who immediately before 1st April 2015 was accepted under regulation 14 of TPR 2010 in respect of a function or service is treated as accepted under this paragraph in respect of that function or service.

(5) A function provider accepted under this paragraph ceases to be so accepted in respect of such functions and services, and from such date, as the scheme manager may specify in a written notice given to the function provider by the scheme manager.

(6) A notice under sub-paragraph (5) may be given if—

(a) the function provider makes a written application to the scheme manager;

(b) the function provider fails to comply with any provision of these Regulations or TSAVCR 1994;

(c) where a guarantee was previously provided to the scheme manager, either the guarantee lapses or because of a change in circumstances the scheme manager considers that the guarantee is insufficient;

(d) a proposal for a voluntary arrangement has been made or approved in relation to the function provider under Part 1 of IA 1986;

(e) an administration application has been made, a notice of intention to appoint an administrator has been filed with the court or an administrator has been appointed for the function provider under Schedule B1 to IA 1986;

(f) a receiver, manager or administrative receiver has been appointed for the function provider under Part 3 of IA 1986;

(g) a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed in relation to the function provider under Part 4 or 5 of IA 1986; or

(h) notice has been received that the function provider may be struck off the register of companies or an application to strike it off has been made under Part 31 of CA 2006.

(7) A function provider accepted under this paragraph must give written notice to the scheme manager immediately if any of the events mentioned in sub-paragraph (6)(d) to (h) occurs.

Marginal Citations

M1 Section 497A was inserted by the School Standards and Framework Act 1998 (c.31), section 8.

M2 Subsection (4A) was inserted by the Education Act 2002 (c.32), section 60.

M3 1999 c.27.