The Local Government Superannuation (Scotland) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend part N (decisions and appeals) of the Local Government Superannuation (Scotland) Regulations 1987, with effect from 6th April 1997 to comply with section 50 of the Pensions Act 1995 which requires the Local Government Superannuation Scheme constituted by these Regulations (“the Scheme”) to have arrangements for the resolution of disputes between prospective members, members, deferred pensioners, pensioners and their widows, widowers and dependants on the one hand and the Scheme managers on the other.

Regulation 5 of these Regulations introduces new regulations N8 to N14 in place of the existing regulation N8 dealing with appeals to the Secretary of State. A disagreement relating to the Scheme may be referred first to a person appointed by the appropriate administering authority for that person to decide and then, if the complainant or the body concerned wishes that person’s decision reconsidered or a decision is not made timeously, it may be referred to the Secretary of State. The new Regulations comply with the requirements of the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996 (S.I. 1996/1270) in connection with time limits and other procedural matters.

Regulations 3, 4, 7 and 8 make minor amendments consequential on the main changes introduced by these Regulations. Regulation 6 revokes regulation N9 of the principal Regulations which is now spent.

Regulation 9 contains transitional provisions in connection with appeals commenced before 6th April 1997.