The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020

Scottish Statutory Instruments

2020 No. 31

Public Service Pensions

The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020

Made

18th February 2020

Laid before the Scottish Parliament

20th February 2020

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7 and 12 of the Superannuation Act 1972(1) and sections 1, 2 and 3 and paragraph 3(b) of schedule 2 of the Public Services Pensions Act 2013(2) and all other powers enabling them to do so.

In accordance with section 7(5) of the Superannuation Act 1972 and section 21(1) of the Public Services Pensions Act 2013, they have consulted such associations of local authorities as appeared to them to be concerned, such local authorities with whom consultation appeared to them to be desirable, and such representatives of other persons likely to be affected by these Regulations as appeared to them to be appropriate.

Citation, commencement and effect

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020, and, subject to paragraph (2), come into force on 31 March 2020.

(2) Regulation 3 has effect from 1 March 2020.

Amendment of the Local Government Pension Scheme (Scotland) Regulations 2018

2.—(1) The Local Government Pension Scheme (Scotland) Regulations 2018(3) are amended in accordance with paragraphs (2) and (3).

(2) In schedule 4, after paragraph 2, insert—

“2A.   The Scottish Ministers may, on application of an administering authority, by a written direction substitute a different fund maintained by that administering authority as the appropriate fund for a Scheme employer.”.

(3) In schedule 4, in paragraph 4(4), after “paragraph 2” insert “or 2A”.

Amendment of the Local Government Pension Scheme (Increased Pension Entitlement) (Miscellaneous Amendments) (Scotland) Regulations 2019

3.—(1) The Local Government Pension Scheme (Increased Pension Entitlement) (Miscellaneous Amendments) (Scotland) Regulations 2019(5) are amended in accordance with paragraph (2).

(2) In regulation 1(2) for “paragraph (3)” substitute “paragraphs (3) and (4)”.

BEN MACPHERSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th February 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend schedule 4 of the Local Government Pension Scheme (Scotland) Regulations 2018 to provide that Scottish Ministers may, on application of an administering authority, by a written direction, substitute a different fund maintained by that administering authority as the appropriate fund for a Scheme employer. They also amend the Local Government Pension Scheme (Increased Pension Entitlement) (Miscellaneous Amendments) (Scotland) Regulations 2019 to correct a drafting error.

(1)

1972 c.11. Section 7 was amended by paragraph 8 of schedule 8 of the Public Service Pensions Act 2013 (c.25). The functions of the Secretary of State under section 7 were transferred to the Scottish Ministers by virtue of S.I. 1999/1750.

(2)

2013 c.25.

(3)

S.S.I. 2018/141.

(4)

Paragraph 4 of schedule 4 was amended by S.S.I. 2019/161.

(5)

S.S.I. 2019/438.