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2004 No. 928
PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme and Discretionary Compensation (Members
of County and County Borough Councils in Wales) Regulations 2004
|
Made |
25th March 2004 |
|
|
Laid before Parliament |
1st April 2004 |
|
|
Coming into force |
10th June 2004 |
|
The Secretary of State, in exercise of the powers conferred upon him by sections 7 and 24
of the Superannuation Act 1972[1] and section
99 of the Local Government Act 2000[2] and of all
other powers enabling him in that behalf, after consultation with such associations of
local authorities as appeared to him to be concerned, the local authorities with whom
consultation appeared to him to be desirable and such representatives of other persons
likely to be affected by the Regulations as appeared to him to be appropriate, hereby make
the following Regulations:
Citation, commencement and extent
1. - (1) These Regulations may be
cited as the Local Government Pension Scheme and Discretionary Compensation (Members of
County and County Borough Councils in Wales) Regulations 2004 and shall come into force on
10th June 2004.
(2) These Regulations extend to England and Wales[3].
Amendment of the Local Government Pension Scheme Regulations 1997
2. The Local Government Pension Scheme
Regulations 1997[4] shall be
amended in accordance with regulations 3 and 4 of these Regulations.
Interpretation
3. In Schedule 1, for the definition of
"eligible councillor"[5]
substitute -
(a) a member of a local authority in England who is entitled to be a member of the
Scheme under a scheme made in accordance with the Local Authorities (Members' Allowances)
(England) Regulations 2003[6]; and
(b) a member of a county council or county borough council in Wales who is entitled to be
a member of the Scheme by virtue of a determination made by his authority under the Local
Authorities (Allowances for Members of County and County Borough Councils) (Pensions)
(Wales) Regulations 2003[7];".
Meaning of "pay"
4. In paragraph 4[8] of Schedule
8[9] -
(a) for paragraphs (1) and (2) of regulation 13, substitute -
" (1) A councillor member's pay in any year -
(a) in the case of a councillor member who is a member of a local authority in England,
is the total of such of his -
(i) basic allowance, and
(ii) special responsibility allowance
as may be treated as amounts in respect of which pensions under these Regulations are
payable as set out in a scheme made in accordance with the Local Authorities (Members'
Allowances) (England) Regulations 2003, and
(b) in the case of a councillor member who is a member of a county council or a county
borough council in Wales, is his basic allowance and special responsibility allowance.
(2) "Basic allowance" and "special
responsibility allowance" have the same meaning as in -
(a) regulations 4 and 5 respectively of the Local Authorities (Members' Allowances)
(England) Regulations 2003 in respect of councillor members who are members of a local
authority in England; and
(b) regulations 7 and 8 respectively of the Local Authorities (Allowances for Members of
County and County Borough Councils and National Park Authorities) (Wales) Regulations
2002[10] in respect
of councillor members who are members of a county council or a county borough council in
Wales."; and
(b) for paragraph (6) of regulation 13, substitute -
" "Year" means the 12 months ending with 31st March save that in respect
of the year ending with 31st March 2004, it means the period from 1st May 2003 until 31st
March 2004 in respect of councillor members who are members of a local authority in
England and in respect of the year ending 31st March 2005, it means the period from 10th
June 2004 until 31st March 2005 in respect of councillor members who are members of a
county council or a county borough council in Wales.".
The Local Government Pension Scheme Regulations 1997, the Local Government
(Discretionary Payments) Regulations 1996 and the Local Government (Early Termination of
Employment) (Discretionary Compensation) (England and Wales) Regulations 2000
5. Subject to the amendments made by these
Regulations, the amendments made to the Local Government Pension Scheme Regulations 1997,
the Local Government (Discretionary Payments) Regulations 1996[11] and the
Local Government (Early Termination of Employment) (Discretionary Compensation) (England
and Wales) Regulations 2000[12] by the
Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in
England) Regulations 2003[13] shall
apply in relation to members of county councils and county borough councils in Wales as
they apply in relation to members of county councils, district councils and London borough
councils in England.
Signed by authority of the Secretary of State
Phil Hope
Paliamentary Under Secretary of State, Office of the Deputy Prime Minister
25th March 2004
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for members of county and county borough councils in
Wales who are entitled to pensionable allowances by virtue of the Local Authorities
(Allowances for Members of County and County Borough Councils) (Pensions) (Wales)
Regulations 2003 to be members of the Local Government Pension Scheme constituted by the
Local Government Pension Scheme Regulations 1997 ("the principal Regulations").
The amendments to the principal Regulations, the Local Government (Discretionary Payments)
Regulations 1996 and the Local Government (Early Termination of Employment) (Discretionary
Compensation) (England and Wales) Regulations 2000 made by the Local Government Pension
Scheme and Discretionary Compensation (Local Authority Members in England) Regulations
2003 for members of county and district councils in England and London Borough councils
are applied, subject to the changes set out in regulations 3 and 4, to members of county
and county borough councils in Wales.
Notes:
[1] 1972 (c. 11).back
[2] 2000 (c. 22).back
[3] The Secretary of State's functions under sections 7 and 24 of the
Superannuation Act 1972 so far as exercisable in relation to Scotland are transferred to
Scottish Ministers; see section 63 of the Scotland Act 1998 (c. 46) and article 2 of, and
Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers
etc.) Order 1999 (S.I. 1999/1750).back
[4] S.I. 1997/1612; relevant amending instruments are S.I. 1997/1613,
1998/1238, 1999/1212, 3438, 2000/1164, 3025, 2001/770, 1481, 3401, 2002/206, 819,
2003/1022, 2004/573.back
[5] The definition of "eligible councillor" was inserted by
S.I. 2003/1022, regulation 6.back
[6] S.I. 2003/1021.back
[7] S.I. 2003/2963 (W.280).back
[8] Paragraph 4 substitutes a different regulation 13 (meaning of
"pay") for councillor members.back
[9] Schedule 8 was inserted by S.I. 2003/1022, regulation 8 and the
Schedule.back
[10] S.I. 2002/1895 (W.196).back
[11] S.I. 1996/1680; relevant amending instrument is S.I. 1997/1613.back
[12] S.I. 2000/1410, to which there are amendments not relevant to
these Regulations.back
[13] S.I. 2003/1022.back
ISBN 0 11 048992 6