The Local Government Pension Scheme (Administration) Regulations 2008

Appeals by administering authorities

63.—(1) This regulation applies where an employing authority—

(a) has decided, or failed to decide, any question falling to be decided by that employer under regulation 55 (otherwise than in the exercise of a discretion); and

(b) is not an administering authority.

(2) The administering authority maintaining the pension fund to which the employing authority pays contributions may appeal to the Secretary of State to decide the question.

(3) Such an appeal must be made by notice in writing given before the end of—

(a) the period of six months beginning with the relevant date; or

(b) such longer period as the Secretary of State considers reasonable.

(4) The relevant date is—

(a) in the case of an appeal relating to a decision notified under regulation 57(1), the date of the notification of the decision; and

(b) in the case of an appeal relating to a failure to decide any question, the date of that failure.

(5) For the purposes of paragraph (4)(b), an employing authority is to be taken to have failed to decide a question at the expiry of the period of three months beginning with the date on which the administering authority has requested a decision in writing.

(6) The Secretary of State must issue her decision on the appeal by notice in writing to the appellant and to any other person appearing to her to be affected by it.

(7) Paragraph (8) applies where any person other than the administering authority—

(a) has made an application under regulation 58 or 60 which has not been determined in respect of any of the matters which are the subject of an appeal under this regulation; or

(b) makes such an application—

(i) at the same time as such an appeal is made, or

(ii) after such an appeal is made and before it is determined.

(8) The appeal by the administering authority must be stayed—

(a) pending notification of a decision under regulation 59 or 61 in respect of the application under regulation 58 or 60; or

(b) until the application is withdrawn.