The Local Government Pension Scheme (Amendment) (Governance) Regulations 2015

JurisdictionUK Non-devolved

2015No. 57

PUBLIC SERVICE PENSIONS, ENGLAND AND WALES

The Local Government Pension Scheme (Amendment) (Governance) Regulations 2015

26thJanuary2015

28thJanuary2015

These Regulations are made in exercise of the powers conferred by sections 1, 3, 5(7), 7(2), 12(6) and 12(7) of, and Schedule 3 to, the Public Service Pensions Act 2013( 1).

In accordance with section 21 of that Act, the Secretary of State has consulted the representatives of such persons as appeared to the Secretary of State to be likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

The Secretary of State makes the following Regulations:

Citation, interpretation, commencement and extent

1.-(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) (Governance) Regulations 2015.

(2) In these Regulations "the Principal Regulations" means the Local Government Pension Scheme Regulations 2013( 2).

(3) These Regulations come into force as follows-

(a) on 20th February 2015, this regulation and regulations 2, 8 and 9-(i) so far as they insert regulation 105 (delegation) into the Principal Regulations,(ii) so far as they insert regulation 106 (local pension boards: establishment) into the Principal Regulations for the purposes of the obtaining of approval from the Secretary of State under paragraphs (2) to (4) of that regulation, and(iii) so far as they insert regulations 107 (local pensions boards: membership), 108 (local pensions boards: conflicts of interest), 111 (scheme advisory board: membership) and 112 (scheme advisory board: conflict of interest) into the Principal Regulations for the purposes of appointment of members of local pension boards and the Local Government Pension Scheme Advisory Board; and(b) on 1st April 2015-(i) this regulation and regulations 2, 8 and 9 so far as not already commenced, and(ii) the remainder of these Regulations.

(4) These Regulations extend to England and Wales.

Amendment of the Local Government Pension Scheme Regulations 2013

2. The Principal Regulations are amended in accordance with regulations 3 to 9.

3. Omit regulation 53(4) (scheme managers: establishment of pension board).

4. In regulation 55(1)(d) for "regulation 53(4) (Scheme managers)" substitute "regulation 106 (local pension boards: establishment)".

5. Omit regulation 63 (aggregate Scheme costs).

6. Omit regulation 65 (aggregate Scheme costs: revised certificates).

7. In regulation 66 (supply of copies of valuations, certificates etc) for "regulations 62 (actuarial valuations of pension funds), 64 (special circumstances where revised actuarial valuations and certificates must be obtained) or 65 (aggregate Scheme costs: revised certificates)" substitute "regulations 62 (actuarial valuation of pension funds) or 64 (special circumstances where revised actuarial valuations and certificates must be obtained)".

8. In Schedule 1 (interpretation)-

(a) after the entry for "local government service" insert-

""Local Government Pension Scheme Advisory Board" means the board established under regulation 110 (Scheme advisory board: establishment);

"local pension board" means a board established under regulation 106 (local pension boards: establishment);"" and

(b) after the entry for "the Scheme" insert-

""Scheme actuary" means the actuary appointed under regulation 114 (Scheme actuary);"".

9. After regulation 104( 3) insert-

"PART 3

Governance

Delegation

105.

-(1) The Secretary of State may delegate any function under these Regulations.(2) An administering authority may delegate any function under these Regulations including this power to delegate.

Local pension boards: establishment

106.

-(1) Each administering authority shall no later than 1st April 2015 establish a pension board ("a local pension board") responsible for assisting it-(a) to secure compliance with-(i) these Regulations,(ii) any other legislation relating to the governance and administration of the Scheme and any connected scheme( 4), and(iii) any requirements imposed by the Pensions Regulator in relation to the Scheme and any connected scheme; and(b) to ensure the effective and efficient governance and administration of the Scheme and any connected scheme.(2) Where the Scheme manager is a committee of a local authority the local pension board may be the same committee if approval in writing has been obtained from the Secretary of State.(3) Where the administration and management of a Scheme is wholly or mainly shared by two or more administering authorities, those administering authorities may establish a joint local pension board if approval in writing has been obtained from the Secretary of State.(4) Approval under paragraphs (2) or (3) may be given subject to such conditions as the Secretary of State thinks fit.(5) The Secretary of State may withdraw an approval if any conditions under paragraph (4) are not met or if in the opinion of the Secretary of State it is no longer appropriate for the approval to continue.(6) Subject to paragraph (7), an administering authority may determine the procedures applicable to a local pension board, including as to the establishment of sub-committees, formation of joint committees and payment of expenses.(7) Except where a local pension board is a committee approved under paragraph (2), no member of a local pension board shall have a right to vote on any question unless that member is an employer representative or a member representative( 5).(8) A local pension board shall have the power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.(9) The expenses of a local pension board are to be regarded as part of the costs of administration of the fund held by the administering authority.

Local pension boards: membership

107.

-(1) Subject to this regulation each administering authority shall determine-(a) the membership of the local...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT