London Government Reorganisation (Pensions etc.) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1815 |
| Year | 1989 |
1989No. 1815
LONDON GOVERNMENT
The London Government Reorganisation (Pensions etc.) Order
1989
5thOctober1989
9thOctober1989
30thOctober1989
Whereas the London Residuary Body, acting pursuant to section 67(1)(a) of the Local Government Act 1985 ( a) , has submitted proposals to the Secretary of State for the transfer of certain property, functions, rights and liabilities:And whereas the Secretary of State has decided to give effect to these proposals with modifications:Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 67(3) and 101 of that Act, and of all other powers enabling him in that behalf, hereby makes the following Order:-
Citation, commencement and interpretation
1.-(1) This Order may be cited as the London Government Reorganisation (Pensions etc.) Order and shall come into force on 30th October 1989.
(2) In this Order-
"the 1985 Act" means the Local Government Act 1985;
"the Authority" means the body established by article 2(1);
"the Residuary Body" means the London Residuary Body; and
"the 1986 Regulations" means the Local Government Superannuation Regulations 1986 ( b) .
Establishment of the London Pensions Fund Authority
2.-(1) On 31st October 1989 there shall be established a body corporate known as the London Pensions Fund Authority to receive the functions, property, rights and liabilities transferred by this Order.
(2) Schedule 1 shall have effect in relation to the Authority.
Transfer of pension and other functions
3. On 1st April 1990 the functions, property, rights and liabilities of the Residuary Body which are specified in Schedule 2 shall become the functions, property, rights and liabilities of the Authority.
(a) 1985 c.51.
(b) S.I. 1986/24, amended by S.I. 1986/380, 1987/293, 1579, 2110, 1988/466, 1989/371, 372, 1462 and 1624.
Power to levy
4.-(1) The Authority may in respect of any financial year beginning on or after1st April 1990 make one or more levies in order to meet its net expenditure.
(2) Any levy shall be made on one of the following classes of authorities-
(i) all London borough councils and the Common Council of the City of London; or(ii) inner London borough councils and the Common Council; or(iii) outer London borough councils.(3) The amount to be paid by each of the authorities of any class on which a levy is made shall be proportionate to its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 ( a) .
(4) A levy shall be made by serving on each authority of the relevant class a written demand stating the date or dates on or before which a payment in respect of the levy is required to be made and the amount of that payment.
(5) A demand must be served on, or information as to the amount to be demanded must be given to each authority of a class on which a levy is made before 14th February in the financial year preceding that to which the levy relates.
(6) In this article "net expenditure" means all expenditure and costs incurred by the Authority less receipts (if any), but excluding any expenditure or costs payable out of, or receipts which fall to be credited to, the superannuation fund maintained by the Authority under the 1986 Regulations.
Interim borrowing powers
5.-(1) Without prejudice to its powers under Schedule 13 to the Local Government Act 1972 ( b) , the Authority may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of defraying its expenses before 1st April 1990.
(2) The sums borrowed by the Authority under paragraph (1) shall not exceed such amount as the Secretary of State may approve and shall be repaid before 1st April 1991.
Continuity of the exercise of functions
6.-(1) Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a matter transferred by article 3 shall, so far as is required for continuing its effect on or after 1st April 1990, have effect as if done by or in relation to the Authority.
(2) Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination, to the giving of any notice, to the entering into of any agreement or other instrument, and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
(3) Any pending action or proceeding may be amended in such manner as may be necessary or proper in consequence of this Order.
Other supplementary provision
7.-(1) With effect from 1st April 1990 the 1986 Regulations are amended-
(a) In regulation C1(2), by substituting for the words "London Residuary Body" the words "London Pensions Fund Authority" ;(b) in regulation C1(4), by substituting for the words "London Residuary Body" the words "London Pensions Fund Authority" ;(a) 1988 c.41.
(b) 1972 c.70.
(c) in regulation C1(5), by substituting for the words "London Residuary Body" , in the second place in which they occur the words "London Pensions Fund Authority" ; and(d) in regulation P1(1), by inserting after the words "district council" the words "the London Pensions Fund Authority" .(2) The 1986 Regulations are amended-
(a) In regulation C1(1), by substituting for the words "paragraphs (2), (3) and (6)" the words "paragraphs (2), (5) and (6)." ; and(b) by adding to regulation C1(5) the following:-" or (h) within one month and a day after ceasing to be a...
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