The Local Government Pension Scheme (Scotland) Regulations 2018

Notice of decisions on disagreements S

70.—(1) Subject to paragraph (2), a decision on a disagreement to which an application under regulation 69 (applications to resolve disagreements) relates must be given by notice in writing to—

(a) the applicant;

(b) the Scheme employer; and

(c) if the Scheme employer is not the appropriate administering authority, to that authority,

before the expiry of the period of 2 months beginning with the date the application was received.

(2) If no such notice is given before the expiry of that period, an interim reply must immediately be sent to the persons mentioned in paragraph (1)(a) to (c) setting out—

(a) the reasons for the delay; and

(b) an expected date for giving the decision.

(3) A notice under paragraph (1) must include—

(a) a statement of the decision;

(b) a reference to any legislation or provisions of the Scheme on which the person making the decision relied;

(c) in a case where the disagreement relates to the exercise of a discretion, a reference to the provisions of the Scheme conferring the discretion;

(d) a reference to the rights of the applicant and the Scheme employer's right to refer the disagreement for reconsideration by the Scottish Ministers under regulation 71 (reference of disagreement for reconsideration by Scottish Ministers) and to the time within which the applicant may do so; and

(e) a statement that the [F1 Money and Pensions Service] is available to give assistance in connection with any difficulty with the Scheme that remains unresolved including the address at which the [F1 Money and Pensions Service] may be contacted.

Textual Amendments

F1 Words in reg. 70(3)(e) substituted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 28(a)