The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998

1.—(1) The Local Government Superannuation (Scotland) Regulations 1987(1) are amended in accordance with the following sub-paragraphs.

(2) In regulation D3(1), (2), (3) and (4) after the words “regulation E16” insert the words “or, as the case may be, regulation 28(1) to (9) of the 1998 Regulations”.

(3) In regulation E1(2) for the words from “that is inconsistent” to the end substitute–

“or any provision of the 1998 Regulations or the Transitional Regulations that is inconsistent with it, except–

(a) regulation E15 of these Regulations (reduction of retirement pension for certain re-employed pensioners) or regulation 109 or 110 of the 1998 Regulations (abatement) or any provision of the Transitional Regulations relating to those provisions;

(b) regulation E21 of these Regulations or regulation 48 of the 1998 Regulations (commutation of small pensions);

(c) regulation M1 of these Regulations or regulation 111 of the 1998 Regulations (forfeiture of rights) or regulation 114 of those Regulations (so far as it relates to regulation 111).”.

(4) In regulation E2(9)(a)–

(a) after the words “that regulation” insert the words “or regulation 86 of the 1998 Regulations”;

(b) after the words “regulation J8” insert the words “or regulation 121 of the 1998 Regulations”.

(5) In regulation E4(4) after the words “regulation N5 or N6” insert the words “or regulation 96 of the 1998 Regulations (first instance decisions)”.

(6) At the end of regulations E8(1)(b) and E9(4)(c)(ii) add the words “of these Regulations or regulation 110 of the 1998 Regulations”.

(7) In regulation E11(1)(c) after the words “regulation E15” insert the words “to these Regulations or regulation 110 of the 1998 Regulations”.

(8) At the end of regulation P6 add the following paragraph:–

“(11) This regulation shall apply to Scottish Homes as if paragraph (2)(b) were deleted.”.

(9) In Schedule 1–

(a) for the definition of “appropriate superannuation fund” substitute–

““Appropriate superannuation fund”

The appropriate fund within the meaning of the 1998 Regulations.”;

(b) after the definition of “The 1974 Regulations” insert–

““The 1998 Regulations”

The Local Government Pension Scheme (Scotland) Regulations 1998.”;

(c) after the definition of “The Transitional Provisions Regulations” insert–

““The Transitional Regulations”

The Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998.”.

(1)

S.I. 1987/1850, amended by S.I. 1988/625, 1989/422, 802 and 967, 1990/422 and 1284, 1991/78, 1992/1220, 1597 and 3025, 1993/1593, 2018 and 3044, 1994/531, 1995/214, 750, 2865 and 3294, 1996/414 and 1241 and 1997/674, 1143, 1373, 1435 and 3048.