The Local Government Pension Scheme Regulations 1995

1.  In this Schedule, unless the context otherwise requires—

“Health Service regulations” means the National Health Service (Superannuation) Regulations 1961 to 1973(1) as in force immediately before 1st April 1974;

“transferred employee” means—

(a)

a person transferred on or after 1st April 1974—

(i)

by or under an order made under section 84 of the London Government Act 1963(2) or an agreement made under section 24(7) of that Act; or

(ii)

by virtue of a scheme made under Part I of the Police Act 1964(3); or

(iii)

by the operation of the Public Libraries and Museums Act 1964(4); or

(iv)

by or under an order made under section 17 of the Transport Act 1968(5); or

(v)

by or under an order made under section 46 of the Children and Young Persons Act 1969(6); or

(vi)

by or under an order or regulations made under the Local Government Act 1972(7) which, in accordance with the provisions of section 255 of that Act, contains a provision as to the transfer of that person; or

(vii)

by regulation 5 of and Schedule 1 to the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989(8);

(b)

any person appointed by a local authority, or the National Water Council or a water authority (within the meaning of the Water Act 1973(9) to hold any office or employment before or as from 1st April 1974 who, but for the appointment, would have been transferred on that day under section 255 of the Local Government Act 1972; and

(c)

any person who on 1st April 1974 remained in the employment of the same body as immediately before that day but who, in consequence of the Local Government Act 1972, or anything done under that Act, or of the 1974 regulations, became on that day entitled to participate in the benefits of a superannuation fund maintained under those regulations by a body different from the body which maintained the superannuation fund in the benefits of which he was immediately before t hat day entitled to participate;

“new employment” means employment to which a person has been so transferred or appointed;

“new employing body” means the body which has become the employing authority in relation to a person so transferred or appointed; and, in relation to a person so appointed, his taking up of the office or employment to which he was appointed shall for the purpose of this Schedule be deemed to be a transfer.

(1)

S.I. 1961/1441, 1966/1523. 1972/1339, 1537, 1973/242, 731, 1649.

(2)

1963 c. 33.

(3)

1964 c. 48.

(4)

1964 c. 75.

(5)

1968 c. 73.

(6)

1969 c. 54; section 46 was amended by the Powers of Criminal Courts Act 1973 (c. 62), sections 56(1), 60(2), Schedule 5, paragraph 36, and the Probation Service Act 1993 (c. 47), section 32, Schedule 3, paragraph 3(3).

(7)

1972 c. 70.

(8)

S.I. 1989/440.

(9)

1973 c. 37.