The Local Government Pension Scheme Regulations 2013

An entity connected with a local authority listed in paragraphs 1 to 5 of Part 1 of this Schedule where “connected with” has the same meaning as in section 212(6) of the Local Government and Public Involvement in Health Act 2007[^f00102].

6

A company under the control of a body listed in paragraphs 6 to 23 of Part 1 of this Schedule where “under the control” has the same meaning as in section 68 or, as the case may be, 73 of the Local Government and Housing Act 1989[^f00103] (except that any direction given by the Secretary of State must be disregarded, and any references to a local authority treated as references to such a body).

7

The Public Services Ombudsman for Wales.

8

The Serious Organised Crime Agency.

9

Transport for London.

10

The London Transport Users’ Committee.

11

The Cultural Strategy Group for London.

12

The Children and Family Court Advisory and Support Service.

13

An urban development corporation.

PART 3

1

The following bodies are admission bodies with whom an administering authority may make an admission agreement—

• (a) a body which provides a public service in the United Kingdom which operates otherwise than for the purposes of gain and has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest (whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise);

• (b) a body, to the funds of which a Scheme employer contributes;

• (c) a body representative of—

• (i) any Scheme employers, or

• (ii) local authorities or officers of local authorities;

• (d) a body that is providing or will provide a service or assets in connection with the exercise of a function of a Scheme employer as a result of—

• (i) the transfer of the service or assets by means of a contract or other arrangement,

• (ii) a direction made under section 15 of the Local Government Act 1999[^f00104] (Secretary of State’s powers),

• (iii) directions made under section 497A of the Education Act 1996[^f00105];

• (e) a body which provides a public service in the United Kingdom and is approved in writing by the Secretary of State for the purpose of admission to the Scheme.

2

An approval under paragraph 1(e) may be subject to such conditions as the Secretary of State thinks fit and the Secretary of State may withdraw an approval at any time if such conditions are not met.

3

The Scheme employer, if it is not also the administering authority, must be a party to the admission agreement with a body falling within the description in paragraph 1(d).

4

In the case of an admission body falling within the description in paragraph 1(b), where at the date of the admission agreement the contributions paid to the body by one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, the Scheme employer paying contributions (or, if more than one pays contributions, all of them) must guarantee the liability of the body to pay all amounts due from it under these Regulations.

5

If the admission body is exercising the functions of the Scheme employer in connection with more than one contract or other arrangement under paragraph 1(d)(i), the administering authority and the admission body shall enter into a separate admission agreement in respect of each contract or arrangement.

6

An admission agreement must require the admission body to carry out, to the satisfaction of the administering authority, and to the satisfaction of the Scheme employer in the case of a body falling within paragraph 1(d)(i), an assessment, taking account of actuarial advice, of the level of risk arising on premature termination of the provision of service or assets by reason of insolvency, winding up, or liquidation of the admission body.

7

Notwithstanding paragraph 6, and subject to paragraph 8, the admission agreement must further provide that where the level of risk identified by the assessment is such as to require it, the admission body shall enter into an indemnity or bond in a form approved by the administering authority with—

• (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000[^f00106] to accept deposits or to effect and carry out contracts of general insurance;

• (b) a firm in an EEA state of the kind mentioned in paragraph 5(b) and (d) of Schedule 3 to that Act[^f00107], which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule)[^f00108] to accept deposits or to effect and carry out contracts of general insurance; or

• (c) a person who does not require permission under that Act to accept deposits, by way of business, in the United Kingdom.

8

Where, for any reason, it is not desirable for an admission body to enter into an indemnity or bond, the admission agreement must provide that the admission body secures a guarantee in a form satisfactory to the administering authority from—

• (a) a person who funds the admission body in whole or in part;

• (b) in the case of an admission body falling within the description in paragraph 1(d), the Scheme employer referred to in that paragraph;

• (c) a person who—

• (i) owns, or

• (ii) controls the exercise of the functions of,

the admission body; or

• (d) the Secretary of State in the case of an admission body—

• (i) which is established by or under any enactment, and

• (ii) where that enactment enables the Secretary of State to make financial provision for that admission body.

9

An admission agreement must include—

• (a) provision for it to terminate if the admission body ceases to be such a body;

• (b) a requirement that the admission body notify the administering authority of any matter which may affect its participation in the Scheme;

• (c) a requirement that the admission body notify the administering authority of any actual or proposed change in its status, including a take-over, reconstruction or amalgamation, insolvency, winding up, receivership or liquidation and a material change to the body’s business or constitution;

• (d) a right for the administering authority to terminate the agreement in the event of—

• (i) the insolvency, winding up or liquidation of the admission body,

• (ii) a material breach by the admission body of any of its obligations under the admission agreement or these Regulations which has not been remedied within a reasonable time,

• (iii) a failure by the admission body to pay any sums due to the fund within a reasonable period after receipt of a notice from the administering authority requiring it to do so.

10

An admission agreement must include a requirement that the admission body will not do anything to prejudice the status of the Scheme as a registered scheme.

11

When an administering authority makes an admission agreement it must make a copy of the agreement available for public inspection at its offices and must promptly inform the Secretary of State of—

• (a) the date the agreement takes effect;

• (b) the admission body’s name; and

• (c) the name of any Scheme employer that is party to the agreement.

12

Where an admission body is such a body by virtue of paragraph 1(d), an admission agreement must include—

• (a) a requirement that only employees of the body who are employed in connection with the provision of the service or assets referred to in that sub-paragraph may be members of the Scheme;

• (b) details of the contract, other arrangement or direction by which the body met the requirements of that sub-paragraph;

• (c) a provision whereby the Scheme employer referred to in that sub-paragraph may set off against any payments due to the body, an amount equal to any overdue employer and employee contributions and other payments (including interest) due from the body under these Regulations;

• (d) a provision requiring the admission body to keep under assessment, to the satisfaction of the bodies mentioned in paragraph 6, the level of risk arising as a result of the matters mentioned in that paragraph;

• (e) a provision requiring copies of notifications due to the administering authority under paragraph 9(b) or (c) to be given to the Scheme employer referred to in that sub-paragraph; and

• (f) a provision requiring the Scheme employer referred to in that sub-paragraph to make a copy of the admission agreement available for public inspection at its offices.

13

Where an admission body of the description in paragraph 1(d) undertakes to meet the requirements of these Regulations, the appropriate administering authority must admit to the Scheme the eligible employees of that body.

PART 4

Column 1: Person eligible for membership	Column 2: Body deemed to be Scheme employer
An employee of the governing body of a voluntary school where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membership	The local authority referred to in column 1
An employee of the governing body of a foundation school or foundation special school where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membership	The local authority referred to in column 1
An employee of the governing body of a technical institute or other similar institution which is for the time being assisted by a local authority under the Education Act 1996 where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membership	The local authority referred to in column 1
An employee of the governing body of a federated school where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membership	The local authority referred to in column 1
A person who was an active member of the 2008 Local Government Pension Scheme by virtue of regulation 8A of the Local Government Pension Scheme (Administration) Regulations 2008 and who continues in the employment of the Commissioners for Her Majesty's Revenue and Customs.	The London Pension Fund Authority
A coroner	The authority which appointed the coroner
. . .	. . .
. . .	. . .
A police and crime commissioner	That police and crime commissioner
A Local Commissioner within the meaning of Part 3 of the Local Government Act 1974	The Commission for Local Administration in England
A member of a passenger transport executive or a director of a subsidiary of a passenger transport executive, where the integrated transport authority for which the executive exercises its functions consents to the designation of that member or director as being eligible for membership	The passenger transport executive
The Housing Ombudsman	The Housing Ombudsman but, where any decision by the Ombudsman in the capacity of Scheme employer affects the benefits to which the Ombudsman is or may be entitled, only if that decision has been confirmed in writing by the person who is chair of the Housing Ombudsman’s Audit and Risk Committee

SCHEDULE 3 — Pension funds

PART 1

1

The following bodies are required to maintain a pension fund and are administering authorities for the purposes of these Regulations—

• (a) a county council in England;

• (b) a London borough council;

• (c) the Corporation of London;

• (d) Bath and North East Somerset Council;

• (e) Bedford Borough Council;

• (f) City of Bradford Metropolitan District Council;

• (g) Cheshire West and Chester Council;

• (h) East Riding of Yorkshire Council;

• (i) Middlesborough Borough Council;

• (j) South Tyneside Council;

• (k) Tameside Borough Council;

• (l) Royal Borough of Windsor and Maidenhead Council;

• (m) Wirral Borough Council;

• (n) Wolverhampton City Council;

• (o) the South Yorkshire Pension Authority;

• (p) the Environment Agency;

• (q) the London Pensions Fund Authority;

• (r) Flintshire County Council;

• (s) Carmarthenshire County Council;

• (t) Cardiff Council;

• (u) City and County of Swansea;

• (v) Gwynedd Council;

• (w) Powys County Council;

• (x) Rhondda Cynon Taf County Borough Council;

• (y) Torfaen County Borough Council.

PART 2

1

Subject to paragraph 3, the appropriate administering authority for a member of the Scheme is the authority specified in column 2 of the following table for a person of that description.

2

The appropriate administering authority for a former member of the Scheme, or a person entitled to any benefit in respect of a person who is or has been a member of the Scheme, is the same authority as would be the appropriate administering authority for the member in question if that member were still an active member.

3

The Secretary of State may, on application by a Scheme employer, by a written direction substitute a different administering authority as the appropriate administering authority for a person or class of person.

4

A direction under paragraph 3—

• (a) may only be given after the Secretary of State has consulted any bodies appearing to be affected by a proposed direction, and

• (b) may include provision as to the making of adjustments between funds, the transfer of assets and liabilities, and any other consequential or incidental matters.

Member	Appropriate administering authority
An employee of an administering authority.	That administering authority.
Except where a Scheme employer is listed elsewhere in this table, an employee of a Scheme employer listed in paragraphs 1 to 7, 9, 10, 12, 14, 18, 19, 21, 22 and 23 of Part 1 of Schedule 2, or paragraph 2, 4 or 13 of Part 2 of Schedule 2, which is situated wholly or mainly within the local government area of a local authority.	Where that local authority is an administering authority, that administering authority and where that local authority is not an administering authority, the administering authority which is the appropriate administering authority for that local authority.
An employee of a Scheme employer listed in paragraphs 8, 9, 10 or 11 of Part 2 of Schedule 2.An employee of the Greater London Authority. An employee of the London Fire Commissioner An employee of the Commission for Local Administration in England.An employee of the Lee Valley Regional Park Authority.An employee of the Valuation Tribunal Service employed in the London headquarters.An employee of a proprietor of an Academy where immediately before the school achieved Academy status, the appropriate administering authority in relation to that school was the London Pensions Fund Authority.	The London Pensions Fund Authority.
An employee of the Board of Governors of the Museum of London.	The Corporation of London
Except where an employee falls within the category of employee for whom this table provides that the London Pensions Fund Authority is the appropriate administering authority, an employee of a proprietor of an Academy.	Where the local authority within whose local government area the relevant workplace is located is an administering authority, that administering authority and where the local authority within whose local government area the relevant workplace is located is not an administering authority, the administering authority which is the appropriate administering authority for that local authority.
An employee of a passenger transport executive.	The same administering authority as is the appropriate administering authority for the integrated transport authority to which the passenger transport executive is accountable.
An employee of a Scheme employer listed in paragraphs 5 or 6 of Part 2 of Schedule 2.	The same administering authority, or administering authorities, as is the appropriate administering authority or are the administering authorities for the ... body or bodies to which the Scheme employer is connected or which it is under the control of.
An employee of the Broads Authority	Norfolk County Council
An employee of the Council of the Isles of Scilly.	Cornwall Council.
An employee of an admission body eligible for membership of the Scheme.	The administering authority with which the employer has made the admission agreement.
An employee of the Natural Resources Body for Wales eligible for membership of the Scheme.	The Environment Agency.
An employee of the Children and Family Court Advisory and Support Service	City of Bradford Metropolitan District Council
An employee of the Public Services Ombudsman for Wales;	Cardiff County Council.
An employee of the National Probation Service local board for the Thames Valley area.	Windsor and Maidenhead Council.
An employee of the National Probation Service local board for the South Wales area.	Rhondda Cynon, Taf County Borough Council.
An employee of the National Probation Service local board for the Dyfed Powys area.	Carmarthenshire Council.
An employee of the North East Mayoral Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.	South Tyneside Council.
A person deemed to be in the employment of the Secretary of State by regulation 3A(1).	Tameside Metropolitan Borough Council.
A person to whom regulation 3A(5) applies.	Tameside Metropolitan Borough Council.
An employee of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority established by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014.	South Yorkshire Pension Authority
An employee of the West Yorkshire Combined Authority established by the West Yorkshire Combined Authority Order 2014	City of Bradford Metropolitan District Council
An employee of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority established by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014	Wirral Metropolitan Borough Council
An employee of the Greater Manchester Combined Authority established by the Greater Manchester Combined Authority Order 2011	Tameside Metropolitan Borough Council
An employee of the following local authorities:Oldham Metropolitan Borough CouncilRochdale Metropolitan Borough CouncilStockport Metropolitan Borough CouncilManchester City CouncilSalford City CouncilWigan Metropolitan Borough CouncilBolton Metropolitan Borough CouncilBury Metropolitan Borough CouncilTrafford Metropolitan Borough Council	Tameside Metropolitan Borough Council
An employee of the following local authorities:Blackburn with Darwen Borough CouncilBlackpool Council	Lancashire County Council
An employee of the following local authorities:Sefton CouncilLiverpool City CouncilKnowsley Metropolitan Borough CouncilSt Helens Metropolitan Borough Council	Wirral Metropolitan Borough Council
An employee of City of York Council	North Yorkshire Council
An employee of the following local authorities:Barnsley Metropolitan Borough CouncilDoncaster Metropolitan Borough CouncilSheffield Metropolitan District CouncilRotherham Metropolitan Borough Council	South Yorkshire Pension Fund Authority
An employee of the following local authorities:Leeds City CouncilCalderdale CouncilKirklees CouncilCity of Wakefield City Council	City of Bradford Metropolitan District Council
An employee of the following local authorities:Kingston Upon Hull City CouncilNorth Lincolnshire CouncilNorth East Lincolnshire Borough Council	East Riding of Yorkshire Council
An employee of the following local authorities:Council of the Borough of North TynesideNewcastle City CouncilSunderland City CouncilGateshead Council	The Council of the Borough of South Tyneside
An employee of Darlington Borough Council	Durham County Council
An employee of the following local authorities:Hartlepool Borough CouncilStockton-on-Tees Borough CouncilRedcar and Cleveland Borough Council	Middlesbrough Borough Council
An employee of the following local authorities:Cheshire East CouncilHalton Borough CouncilWarrington Borough Council	Cheshire West and Chester Borough Council
An employee of Stoke-on-Trent City Council	Staffordshire County Council
An employee of the following local authorities:Birmingham City CouncilWalsall Metropolitan Borough CouncilSandwell Metropolitan Borough CouncilCoventry City CouncilSolihull Metropolitan Borough CouncilDudley Metropolitan Borough Council	Wolverhampton City Council
An employee of Telford and Wrekin Council	Shropshire Council
An employee of County of Herefordshire District Council	Worcestershire County Council
An employee of Derby City Council	Derbyshire County Council
An employee of the following local authoritiesLeicester City CouncilRutland County Council District Council	Leicestershire County Council
An employee of Nottingham City Council	Nottinghamshire County Council
An employee of the following local authorities:Central Bedfordshire CouncilLuton Borough Council	Bedford Borough Council
An employee of Peterborough City Council	Cambridgeshire County Council
An employee of the following local authorities:West Berkshire District CouncilReading Borough CouncilWokingham District CouncilSlough Borough CouncilBracknell Forest Borough Council	Royal Borough of Windsor and Maidenhead
An employee of the following local authorities:Southend-on-Sea Borough CouncilThurrock Council	Essex County Council
Brighton & Hove City Council	East Sussex County Council
An employee of Medway Council	Kent County Council
An employee of Milton Keynes Council	Buckinghamshire Council
An employee of Bournemouth, Christchurch and Poole Council	Dorset Council
An employee of Swindon Borough Council	Wiltshire Council
An employee of the following local authorities:Portsmouth City CouncilSouthampton City Council	Hampshire County Council
An employee of the following local authorities:Bristol City CouncilSouth Gloucestershire CouncilNorth Somerset Council	Bath and North East Somerset Council
An employee of the following local authorities:Plymouth City CouncilCouncil of the Borough of Torbay	Devon County Council
An employee of the following local authorities:Pembrokeshire County CouncilCeredigion County Council	Carmarthenshire County Council
An employee of Vale of Glamorgan Council	County Council of the City and County of Cardiff
An employee of Neath Port Talbot Borough Council	City and County of Swansea Council
An employee of the following local authorities:Wrexham County Borough CouncilDenbighshire County Council	Flintshire County Council
An employee of the following local authorities:Conwy County Borough CouncilIsle of Anglesey County Council	Gwynedd Council
An employee of the following local authorities:Bridgend County Borough CouncilMerthyr Tydfil County Borough Council	Rhondda Cynon Taf County Borough Council
An employee of the following local authorities:Monmouthshire County CouncilNewport City CouncilCaerphilly County Borough CouncilBlaenau Gwent County Borough Council	Torfaen County Borough Council
An employee of the North Wales Fire and Rescue Authority	Flintshire County Council
An employee of the Tees Valley Combined Authority established by the Tees Valley Combined Authority Order 2016	Middlesbrough Borough Council
An employee of the West Midlands Combined Authority established by the West Midlands Combined Authority Order 2016	Wolverhampton City Council
An employee of the West of England Combined Authority established by the West of England Combined Authority Order 2017	Bath and North East Somerset Council
An employee of the Cambridgeshire and Peterborough Combined Authority established by the Cambridgeshire and Peterborough Combined Authority Order 2017	Cambridgeshire County Council
An employee of Transport for the North	Tameside Metropolitan Borough Council
An employee of North Northamptonshire Council	West Northamptonshire Council
An employee of Cumberland Council	Westmorland and Furness Council
An employee of the North Wales Corporate Joint Committee	Gwynedd Council
An employee of the Mid Wales Corporate Joint Committee	Powys County Council
An employee of the South East Wales Corporate Joint Committee	Rhondda Cynon Taf County Borough Council
An employee of the South West Wales Corporate Joint Committee	Carmarthenshire County Council
An employee of the York and North Yorkshire Combined Authority established by the York and North Yorkshire Combined Authority Order 2023	North Yorkshire Council
An employee of the East Midlands Combined County Authority established by the East Midlands Combined County Authority Regulations 2024	Nottinghamshire County Council
An employee of the Hull and East Yorkshire Combined Authority established by the Hull and East Yorkshire Combined Authority Order 2025	East Riding of Yorkshire Council
An employee of the Devon and Torbay Combined County Authority established by the Devon and Torbay Combined County Authority Regulations 2025	Devon County Council
An employee of the Greater Lincolnshire Combined County Authority established by the Greater Lincolnshire Combined County Authority Regulations 2025	East Riding of Yorkshire Council
An employee of the Lancashire Combined County Authority established by the Lancashire Combined County Authority Regulations 2025	Lancashire County Council
An employee of the Cumbria Combined Authority established by the Cumbria Combined Authority Order 2025	Westmorland and Furness Council
An employee of the Cheshire and Warrington Combined Authority established by the Cheshire and Warrington Combined Authority Order 2025	Cheshire West and Chester Council

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis — Parliamentary Under Secretary of State — 2013-09-12

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 11; section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

[^f00002]: The Secretary of State’s functions under section 7 of the Superannuation Act 1972 in so far as they were exercisable in relation to Scotland were devolved to Scottish Ministers by 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 Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^f00003]: 2006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7).

[^f00004]: 2006 c. 42.

[^f00005]: 2008 c. 14.

[^f00006]: 1999 c. 30.

[^f00007]: 1971 c. 56.

[^f00008]: 1971 c. 56.

[^f00009]: 2004 c. 12.

[^f00010]: 2004 c. 35.

[^f00011]: S.I. 1996/1655; paragraph (5) of regulation 5 was substituted by S.I. 2010/2659.

[^f00012]: Paragraph 6ZA was inserted by S.I. 2002/1383.

[^f00013]: 2004 c. 12.

[^f00014]: 1993 c. 48; section 61 was amended by the Pensions Act 1995, the Child Support, Pensions and Social Security Act 2000 and the Pensions Act 2004.

[^f00015]: 1993 c. 48; there are amendments to section 55 which are not relevant to this instrument.

[^f00016]: 1971 c. 56.

[^f00017]: 1971 c. 56.

[^f00018]: 1971 c. 56.

[^f00019]: 1971 c. 56.

[^f00020]: 1971 c. 56.

[^f00021]: 1971 c. 56.

[^f00022]: 1971 c. 56.

[^f00023]: 2011 c. 20.

[^f00024]: 2004 c. 21; section 5A was inserted by section 9 of the Localism Act 2011.

[^f00025]: 2004 c. 12; section 164 was amended by the Finance Act 2006 (c. 25), the Finance Act 2008 (c. 9), the Finance Act 2009 (c. 10) and the Finance Act 2011 (c.11).

[^f00026]: S.I. 2009/1171; regulations 11 and 12 were amended by S.I. 2011/1751.

[^f00027]: 1971 c. 56.

[^f00028]: 1971 c. 56.

[^f00029]: 1971 c. 56.

[^f00030]: 1971 c. 56.

[^f00031]: 1971 c. 56.

[^f00032]: 1971 c. 56.

[^f00033]: 1993 c. 48.

[^f00034]: 2004 c. 12; section 218 was amended by the Finance Act 2011 (c.11).There are numerous amendments to Schedule 36 which are not relevant to these regulations.

[^f00035]: 1993 c. 48; section 14 was amended by the Proceeds of Crime Act 2002, the Pensions Act 1995, and the Social Security Contributions (Transfer of Functions, etc) Act 1999.

[^f00036]: 2004 c. 12; section 238 was amended by the Finance Act 2011 (c. 11).

[^f00037]: S.I. 2009/3093.

[^f00038]: ISBN No 085299 996 8; copies may be obtained from CIPFA at 3 Robert Street, London WC2N 6RL.

[^f00039]: S.I. 2009/3093.

[^f00040]: 2013 c. 25.

[^f00041]: 1995 c. 26.

[^f00042]: S.I. 2009/3093.

[^f00043]: 1993 c. 48.

[^f00044]: 2004 c. 12.

[^f00045]: 1965 c. 32; there are amendments to section 6 which are not relevant to this instrument.

[^f00046]: 1986 c. 45; there are amendments to section 310 which are not relevant to this instrument. Section 310A was inserted by the Enterprise Act 2002 (c. 40).

[^f00047]: 1951 c. 65.

[^f00048]: 2004 c. 12; section 237B was inserted by the Finance Act 2011 (c. 11).

[^f00049]: 1993 c. 48.

[^f00050]: 2013 c. 25.

[^f00051]: Section 16(2) of the Official Secrets Act 1989 (c.6) provides that that Act and the Official Secrets Acts 1911 to 1989 may be cited together as the Official Secrets Acts 1911 to 1989.

[^f00052]: 2004 c. 12.

[^f00053]: 1993 c. 48.

[^f00054]: S.I. 1996/1172; the definition of section 9(2B) rights in regulation 1(2) was amended by S.I. 1997/786, 1999/3198 and 2011/1246.

[^f00055]: Section 19 was amended by S.I. 2001/3649, 2005/2050 and 2007/3014.

[^f00056]: 1996 c. 18; section 73 was substituted by the Employment Relations Act 1999; section 75B was inserted by the Employment Act 2002.

[^f00057]: S.I. 2010/1055

[^f00058]: 2004 c. 12; section 227 has been amended by the Finance Act 2009 and the Finance Act 2011.

[^f00059]: 2008 c. 30; section 3 was substituted by the Pensions Act 2011 and there have been further amendments which are not relevant to this instrument.

[^f00060]: Section 5 was substituted by the Pensions Act 2011 and there have been further amendments which are not relevant to this instrument.

[^f00061]: S.I. 2010/772.

[^f00062]: 2004 c. 12; section 216 has been amended by the Finance Acts 2005, 2006, 2008 and 2011.

[^f00063]: 2004 c. 35; section 293(8) was amended by S.I. 2007/3014.

[^f00064]: 1971 c. 56.

[^f00065]: 1983 c. 54; the definition of “competent authority” was inserted by S.I. 2007/3101.

[^f00066]: 2004 c.12; section 237B was inserted by the Finance Act 2011.

[^f00067]: 1995 c. 26.

[^f00068]: 1995 c. 26.

[^f00069]: 1993 c. 48; the definition of “occupational pension scheme was substituted by the Pensions Act 2004 and was amended by S.I. 2007/3014.

[^f00070]: 1996 c. 18; section 75A was inserted by the Employment Act 2002 and was amended by the Work and Families Act 2006.

[^f00071]: S.I. 2002/2788.

[^f00072]: 1999 c. 30.

[^f00073]: 2004 c. 35.

[^f00074]: 1993 c. 48; section 1 has amendments which are not relevant to this instrument.

[^f00075]: 2004 c. 12.

[^f00076]: 2000 c. 8; Part 4A was inserted by the Financial Services Act 2012.

[^f00077]: 2006 c. 46.

[^f00078]: 2004 c. 12.

[^f00079]: 1951 c. 65.

[^f00080]: 1996 c. 14.

[^f00081]: 2013 c. 25.

[^f00082]: 2004 c. 12. Section 237B was inserted by the Finance Act 2011.

[^f00083]: 1992 c. 4.

[^f00084]: 1992 c.52.

[^f00085]: 2011 c.20.

[^f00086]: 2004 c. 21.

[^f00087]: 2011 c.13.

[^f00088]: 2007 c. 21.

[^f00089]: 2008 c. 26.

[^f00090]: 1992 c. 13. Relevant amendments to section 90 were made by the Education Act 2011 (c. 21) and the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22 ).

[^f00091]: 1995 c. 25.

[^f00092]: 1998 c. 31.

[^f00093]: 1996 c. 56.

[^f00094]: 2010 c. 32. Section 1 has been amended by the Education Act 2011 (c. 21).

[^f00095]: 1985 c. 68. Section 27 was substituted by SI 2003/940 and was subsequently amended by SI 2010/844. For the definition of “appropriate minister” see section 27(18).

[^f00096]: 2003 c. 26. Section 27 was amended by the Local Government and Public Involvement in Health Act 2007 (c.28).

[^f00097]: SI 2010/713 (W 69).

[^f00098]: 2000 c. 37. There are amendments to section 86 which are not relevant.

[^f00099]: 1992 c.14.

[^f00100]: 1988 c. 41.

[^f00101]: 1988 c. 40. Section 129 has been amended by the Further and Higher Education Act 1992 (c. 13); S.I. 2009/1941; and the Education Act 2011 (c. 21).

[^f00102]: 2007 c. 28. Section 212 was amended by the Police Reform and Social Responsibility Act 2011

[^f00103]: 1989 c. 42.

[^f00104]: 1999 c. 27; section 15 has been amended by the Local Government and Public Involvement in Health Act 2007 (c. 28) and the Local Government (Wales) Measure 2009.

[^f00105]: 1996 c. 56. Section 497A was inserted by the School Standards and Framework Act 1998 (c. 31) and has been amended by S.I. 2010/1158; the Education Act 2002 (c. 32); and the Apprenticeship, Skills, Children and Learning Act 2009 (c. 22).

[^f00106]: 2000 c.8.

[^f00107]: Paragraph 5(b) of Schedule 3 was amended by S.I. 2006/3221, and paragraph 5(d) of that Schedule was amended by S.I. 2004/3379.

[^f00108]: There are amendments to paragraphs 12 and 15 of the Schedule which are not relevant to these Regulations.

[^f00109]: 1996 c. 56.

[^f00110]: SI 2008/239. Regulation 8A was inserted by SI 2009/447.

[^f00111]: 1974 c. 7.

Preliminary Provisions

Citation, commencement and extent

Introductory

Membership

Active membership

Restriction on eligibility for active membership

Ending active membership

Deferred and deferred pensioner members

Pensioner members

Pension credit and survivor members

Contributions

Contributions

Temporary reduction in contributions

Contributions during absence from work

Contributions during child-related leave

Contributions during reserve forces service leave

Contributions during absence for illness etc

Employer contributions during absences

Additional pension contributions

Additional voluntary contributions

Rights to return of contributions

Exclusion of rights to return of contributions

Meaning of pensionable pay

Assumed pensionable pay

Pension accounts

Pension accounts

Active member's pension accounts

Deferred member's pension account and deferred refund account

Retirement pension accounts : active members

Retirement pension accounts : deferred, deferred pensioner and pension credit members

Flexible retirement pension accounts

Deferred pensioner member accounts

Pension credit accounts

Benefits

Retirement benefits

Award of additional pension

Commencement of pensions

Election for lump sum instead of pension

Commutation and small pensions

Ill-health retirement

Early payment of retirement pension on ill-health grounds: active members

Role of the IRMP

Special provision in respect of members receiving Tier 3 benefits

Early payment of retirement pension on ill-health grounds: deferred and deferred pensioner members

Calculation of ill-health pension amounts

Survivor benefits

Death grants: active members

Survivor benefits: partners of active members

Survivor benefits: children of active members

Death grants: deferred members, pension credit members and deferred pensioner members

Survivor benefits: partners of deferred members and deferred pensioner members

Survivor benefits: children of deferred members

Death grants : pensioner members

Survivor benefits : partners of pensioner members

Survivor benefits: children of pensioner members

Adjustments of benefits

No double entitlement

Limit on total amount of benefits

Guaranteed minimum pensions

Pension debits

Administering authorities

Scheme managers

Admission agreement funds

Administering authorities: governance compliance statement

Accounts and audit

Strategies, statements and reports

Pension fund annual report

Funding strategy statement

Pension administration strategy

Statements of policy about exercise of discretionary functions

Statements of policy concerning communications with members and Scheme employers

Actuarial valuations

Actuarial valuations of pension funds

Aggregate Scheme costs

Special circumstances where revised actuarial valuations and certificates must be obtained

Aggregate Scheme costs: revised certificates

Supply of copies of valuations, certificates etc

Payments

Employer's contributions

Employer's further payments

Payment by Scheme employers to administering authorities

Additional costs arising from Scheme employer's level of performance

Interest on late payments by Scheme employers

Decisions

First instance decisions

Notification of first instance decisions

Applications for adjudication of disagreements

Decisions of the adjudicator

Reference of adjudications to administering authority

Decisions of the administering authority on reconsideration

Rights of representation

Appeals by administering authorities

Exchange of information

Interest on late payment of certain benefits

Payments due in respect of deceased persons

Payments for persons incapable of managing their affairs

Non-assignability

Deduction and recovery of member's contributions

Joint liability in respect of annual allowance charge

Tax

Pension increase under the Pensions Schemes Act 1993

Annual benefit statements

Information to be supplied by employees

Forfeiture

Forfeiture of pension rights after conviction for employment-related offences

Interim payments directions

Recovery or retention where former member has misconduct obligation

Adjustment of accounts following forfeiture etc

Protection of guaranteed minimum pension rights

Transfers

Rights to payment out of pension fund

Contracting-out requirements affecting transfers out

Bulk transfer (transfers of undertakings etc)

Calculation of amount of transfer payment

Inward transfers of pension rights

Effect of acceptance of transfer value

EU scheme transfers

Changes of administering authority

• “the 2014 Regulations” means the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014;

• “active member” means a person who is in an employment, and—paying contributions to the Scheme,treated as paying contributions to the Scheme, orabsent from that employment for one of the reasons mentioned in regulation 11;

• “actuarial guidance issued by the Secretary of State” means guidance identified by the Secretary of State as such which has been issued in accordance with regulation 2(3);

• “additional maternity or adoption leave” means leave under section 73 or 75B of the Employment Rights Act 1996 ;

• ...

• “additional pension” means pension under these Regulations other than earned pension;

• “administering authority” means a body listed in Part 1 of Schedule 3 which is required to hold a fund for the purposes of these Regulations;

• “admission agreement” means an agreement between an administering authority and an admission body that named individuals, or all or any specified class of the admission body's employees, may be members of the Scheme;

• “admission body” has the meaning given in paragraph 1 of Part 3 of Schedule 2;

• “amount of accrued pension” means the earned pension in a member's pension account adjusted to take account of any revaluation adjustment applicable;

• “amount of pension payable” means the earned and additional pension in a member's pension account adjusted to take account of any revaluation adjustment, index rate adjustment, commutation amount or pension account adjustment applicable;

• “annual allowance charge” has the meaning given to that expression by section 227 of the Finance Act 2004 ;

• “assumed pensionable pay” has the meaning given by regulation 21;

• “automatic enrolment date” means the automatic enrolment date within the meaning of section 3 of the Pensions Act 2008 ;

• “automatic re-enrolment date” means the automatic re-enrolment date chosen by a member's employer in accordance with section 5 of the Pensions Act 2008 and regulation 12 of the Occupational and Personal Pensions Schemes (Automatic Enrolment) Regulations 2010 for those of its eligible jobholders who are not active members (or the date the employer would have chosen if the employer does not have any such employees);

• “AVC” means a payment of additional voluntary contributions made under regulation 17;

• “base rate” means the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;

• “benefit crystallisation event” has the meaning given by section 216 of the Finance Act 2004 ;

• “child-related leave” means—ordinary adoption leave;ordinary maternity leave;additional maternity or adoption leave during which the member receives some pensionable pay;paternity leave; ...... shared parental leave during which the member receives some pensionable pay; ... parental bereavement leave during which the member receives some pensionable pay; or neonatal care leave during which the member receives some pensionable pay;

• “children's pension” means a pension payable to an eligible child in accordance with regulation 42, 45 or 48;

• “Club Memorandum” means—in respect of a Club Transfer completed before 1st April 2015, the memorandum published by the Cabinet Office under the title “The Public Sector Transfer Club – memorandum by the Cabinet Office” effective from 1st March 2012;in respect of a Club Transfer completed in the period from 1st April 2015 to 28th February 2017, the memorandum published by the Cabinet Office under the title “The Public Sector Transfer Club – memorandum by the Cabinet Office” effective from 1st April 2015;in respect of a Club Transfer completed on or after 1st March 2017, the memorandum published by the Cabinet Office under the title “The Public Sector Transfer Club – memorandum by the Cabinet Office” effective from 1st March 2017;

• “Club Transfer” means a transfer of employment between members of the Public Sector Transfer Club in respect of which an employee is entitled under the terms of the Club Memorandum to benefit from the terms of the Club Memorandum;

• “commutation amount” means the amount of pension a member has elected to give up in return for a lump sum in accordance with regulation 33;

• “cohabiting partner” means a person whom the appropriate administering authority is satisfied fulfils the following conditions—the person (P) has fulfilled the condition in paragraph (b) for a continuous period of at least 2 years on the date the member (M) died, andthe condition is that—M is able to marry, or form a civil partnership with P,M and P are living together as if they were husband and wife or as if they were civil partners,neither M nor P is living with a third person as if they were husband and wife or as if they were civil partners, andeither P is financially dependent on M, or M and P are financially interdependent;

• “deferred member” has the meaning given by regulation 6;

• “deferred payment enhancement” means the amount by which a member's entitlement is increased pursuant to regulation 30(4) or (11);

• “deferred pensioner member” has the meaning given by regulation 6;

• “dependent” in relation to a person means that in the opinion of the administering authority, at the date of the member's death—the person was financially dependent on the member,the person's financial relationship with the member was one of mutual dependence, orthe person was dependent on the member because of physical or mental impairment;

• “early payment reduction” means the amount by which a member's entitlement is reduced pursuant to regulation 30(5), (6) or (12);

• “earned pension” means pension accrued from the member's pensionable pay pursuant to regulation 23(4) or (5) or credited pursuant to regulation 101(1) (effect of acceptance of transfer value).

• “eligible child”, in relation to a deceased member, means—a natural or adopted child of a member who meets any of conditions A to C and who was born before, on, or in the case of a natural child, within 12 months of the member's death; ora step-child or child accepted by the deceased as a member of the family (excluding a child sponsored by the member through a registered charity) who—meets any of conditions A to C; andwas dependent on the member at the date of death.

• Condition A is that the person is aged under 18.

• Condition B is that the person is in full-time education or vocational training and has not reached the age of 23 (but an administering authority may continue to treat a person as fulfilling Condition B notwithstanding any break in a course of education or vocational training, although the person does not fulfil Condition B during such a break).

• Condition C is that the person is unable to engage in gainful employment because of physical or mental impairment and either—has not reached the age of 23; orthe impairment is in the opinion of an IRMP likely to be permanent and the person was dependent on the member at the date of the member's death because of that physical or mental impairment.

• “European pensions institution” has the same meaning as in section 293(8) of the Pensions Act 2004

• “final guarantee amount” has the meaning given in regulation 1(6) of the 2014 Regulations;

• “gainful employment” means paid employment for not less than 30 hours in each week for a period of not less than 12 months;

• “Housing Ombudsman” means an individual appointed as housing ombudsman by the Secretary of State under Schedule 2 to the Housing Act 1996; and

• ...

• “index rate adjustment” means the percentage increase that would apply if the balance in the member's account were a pension in payment eligible for increase under the Pensions (Increase) Act 1971 ;

• “IRMP” means an independent registered medical practitioner who is registered with the General Medical Council and—holds a diploma in occupational health medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA state; and for the purposes of this definition, “competent authority” has the meaning given by section 55(1) of the Medical Act 1983 ; oris an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA state;

• “joint liability amount” has the meaning given to that expression by section 237B(3) of the Finance Act 2004 ;

• “local authority” means a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London and the Council of the Isles of Scilly.

• “local government service” has the meaning given in regulation 2(1A);

• “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);

• “membership” is to be construed in accordance with section 124(1) of the Pensions Act 1995

• “neonatal care leave” means leave under section 80EF of the Employment Rights Act 1996;

• “normal pension age” means the pensionable age of a person as specified from time to time in Schedule 4 to the Pensions Act 1995 , or if higher, age 65.

• “occupational pension scheme” has the meaning given by section 1 of the Pensions Schemes Act 1993 ;

• “ordinary adoption leave” means leave under section 75A of the Employment Rights Act 1996 ;

• “ordinary maternity leave” means leave under section 71 of the Employment Rights Act 1996;

• “parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;

• “partner” ... means a spouse, civil partner or cohabiting partner;

• “paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ;

• “payment period” means a period of service to which an employee's wages or salary payments relate;

• “pensionable age” has the meaning given in section 181 of the Pension Schemes Act 1993;

• “pensionable pay” has the meaning given by regulation 20 but if the circumstances specified in regulation 21(2) apply, references in these Regulations to a member's pensionable pay are references to that member's assumed pensionable pay;

• “pension account” means an account of the description in regulation 22.

• “pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 ;

• “pension credit member” has the meaning given by regulation 8(1);

• “pension debit” means a debit under section 29(1)(a) of the Welfare Reform and Pensions Act 1999;

• “pensioner member” has the meaning given by regulation 7(1);

• “pensions board” means a board or committee established by an administering authority to discharge functions under regulation 53(4);

• “pension sharing order” means any provision or order specified in section 28 of the Welfare Reform and Pensions Act 1999;

• “Pensions Regulator” means the body corporate established under section 1 of the Pensions Act 2004

• “permanently incapable” means that the member will, more likely than not, be incapable until at the earliest, the member's normal pension age;

• “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

• “Public Sector Transfer Club” means the arrangements approved by the Secretary of State and detailed in the Club Memorandum as providing reciprocal arrangements between the Scheme and other registered occupational pension schemes for making and receiving transfer value payments;

• “public service pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 ;

• “qualifying recognised overseas pension scheme” has the meaning given by section 169(2) of the Finance Act 2004 ;

• “qualifying service for a period of two years” has the meaning given by regulation 3(7);

• “reference banks” means the seven largest persons for the time being who—have permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;are incorporated in the United Kingdom and carry on there a regulated activity of accepting deposits; andquote a base rate in sterling,and for the purposes of this definition, the size of the person at any time is to be determined by reference to the gross assets denominated in sterling of that person, together with any subsidiary (as defined in section 1159 of the Companies Act 2006 ), as shown in the audited end-of-year accounts last published before that time;

• “registered pension scheme” has the same meaning as in section 150(2) of the Finance Act 2004 ;

• “reserve forces pay” means the total of—pay for performing relevant reserve forces service (including marriage, family and similar allowances), andany payments under Part 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 ;

• “reserve forces service leave” means absence from duty because of being called out or recalled for permanent service in Her Majesty's armed forces pursuant to a call-out notice served, or a call-out or recall order made, under the Reserve Forces Act 1996 ;

• “retirement pension” includes earned pension and additional pension;

• “revaluation adjustment” means—in the case of a balance transferred under a Club Transfer, the adjustment that would have applied to that balance if it had not been transferred and which is applied to the balance on the same day as the percentage increase or decrease referred to in paragraph (b); andin any other case the percentage specified as the change in prices in relation to the Scheme set out in the relevant Treasury order made under section 9(2) of the Public Service Pensions Act 2013 in relation to the previous Scheme year which is to be applied to a sum in a pension account ...;

• “revaluation date” means 6th April;

• “the Scheme” means the scheme established by these Regulations;

• “Scheme actuary” means the actuary appointed under regulation 114 (Scheme actuary);

• “Scheme employer” means a body listed in Schedule 2 employing an employee who is eligible to be a member and includes an admission body;

• “Scheme employer's consent” includes the consent of the appropriate administering authority in circumstances where the member's former employer is no longer a Scheme employer;

• “Scheme employment” means an employment by virtue of which a person is entitled to be a member of this Scheme;

• “Scheme pays election” means a member giving the administering authority notice of joint and several liability under section 237B of the Finance Act 2004 in respect of the member's annual allowance charge;

• “Scheme year” means a period of one year beginning with 1st April and ending with 31st March;

• “shared parental leave” means leave under the Shared Parental Leave Regulations 2014;

• “statutory pay” means any statutory sick, maternity, paternity, shared parental , parental bereavement , neonatal care or adoption pay payable under the Social Security Contributions and Benefits Act 1992 ;

• “survivor member” means a person entitled to a survivor pension or a children's pension;

• “survivor pension” means a pension payable under regulations 41, 42, 44, 45, 47 or 48;

• “SCAVC” means an arrangement established under regulation 17 to which both the Scheme employer and the active member contribute;

• “Tier 1 benefits” has the meaning given by regulation 35(5) calculated in accordance with regulation 39;

• “Tier 2 benefits” has the meaning given by regulation 35(6) calculated in accordance with regulation 39;

• “Tier 3 benefits” has the meaning given by regulation 35(7) calculated in accordance with regulation 39;

• “trade dispute” has the meaning given in section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992 ;

• “transferred in benefit” means a benefit in a member's pension account deriving from a transfer value payment;

• “transfer value payment” means a payment made from the Scheme to another registered pension scheme or qualifying recognised overseas pension scheme, or a payment received by the Scheme from a registered pension scheme or from a European pensions institution.

1

In England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London and the Council of the Isles of Scilly.

2

In Wales, a county council or a county borough council.

3

A joint board, body or committee appointed under any Act or statutory order or statutory scheme, of which all the constituent authorities are councils of a description in paragraph 1 or 2 or a combination of such councils.

4

A Mayoral development corporation within the meaning of section 198 of the Localism Act 2011 .

5

A fire and rescue authority within the meaning of the Fire and Rescue Services Act 2004 .

6

A police and crime commissioner.

7

A chief constable within the meaning of section 2 of the Police Reform and Social Responsibility Act 2011 .

8

The Commission for Local Administration in England.

9

A probation trust established under section 5 of the Offender Management Act 2007 or a National Probation Service local board.

10

The Chichester Harbour Conservancy.

11

The Lee Valley Regional Park Authority.

12

An integrated transport authority within the meaning of Part 5 of the Local Transport Act 2008 .

13

The Broads Authority.

1

The Board of Governors of the Museum of London.

2

A body (other than a body listed in Part 1 of this Schedule) which is—

• (a) a precepting authority within the meaning of section 69 of the Local Government Finance Act 1992 (interpretation),

• (b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 (levies), or

• (c) a body to which section 75 of that Act (special levies) applies.

3

A passenger transport executive.

4

An institution designated by an order under section 129 of the Education Reform Act 1988 .

5

An entity connected with a body listed in paragraphs 1 to 5 of Part 1 of this Schedule where “connected with” has the same meaning as in section 212(6) of the Local Government and Public Involvement in Health Act 2007 .

6

A company under the control of a body listed in paragraphs 6 to 24 of Part 1 of this Schedule where “under the control” has the same meaning as in section 68 or, as the case may be, 73 of the Local Government and Housing Act 1989 (except that any direction given by the Secretary of State must be disregarded, and any references to a local authority treated as references to such a body).

7

The Public Services Ombudsman for Wales.

8

The Serious Organised Crime Agency.

9

Transport for London.

10

The London Transport Users' Committee.

11

The Cultural Strategy Group for London.

12

The Children and Family Court Advisory and Support Service.

13

An urban development corporation.

1

The following bodies are admission bodies with whom an administering authority may make an admission agreement—

• (a) a body which provides a public service in the United Kingdom which operates otherwise than for the purposes of gain and has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest (whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise);

• (b) a body, to the funds of which a Scheme employer contributes;

• (c) a body representative of—

• (i) any Scheme employers, or

• (ii) local authorities or officers of local authorities;

• (d) a body that is providing or will provide a service or assets in connection with the exercise of a function of a Scheme employer as a result of—

• (i) the transfer of the service or assets by means of a contract or other arrangement,

• (ii) a direction made under section 15 of the Local Government Act 1999 (Secretary of State's powers),

• (iii) directions made under section 497A of the Education Act 1996 ;

• (e) a body which provides a public service in the United Kingdom and is approved in writing by the Secretary of State for the purpose of admission to the Scheme.

2

An approval under paragraph 1(e) may be subject to such conditions as the Secretary of State thinks fit and the Secretary of State may withdraw an approval at any time if such conditions are not met.

3

The Scheme employer, if it is not also the administering authority, must be a party to the admission agreement with a body falling within the description in paragraph 1(d).

4

In the case of an admission body falling within the description in paragraph 1(b), where at the date of the admission agreement the contributions paid to the body by one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, the Scheme employer paying contributions (or, if more than one pays contributions, all of them) must guarantee the liability of the body to pay all amounts due from it under these Regulations.

5

If the admission body is exercising the functions of the Scheme employer in connection with more than one contract or other arrangement under paragraph 1(d)(i), the administering authority and the admission body shall enter into a separate admission agreement in respect of each contract or arrangement.

6

An admission agreement must require the admission body to carry out, to the satisfaction of the administering authority, and to the satisfaction of the Scheme employer in the case of a body falling within paragraph 1(d)(i), an assessment, taking account of actuarial advice, of the level of risk arising on premature termination of the provision of service or assets by reason of insolvency, winding up, or liquidation of the admission body.

7

Notwithstanding paragraph 6, and subject to paragraph 8, the admission agreement must further provide that where the level of risk identified by the assessment is such as to require it, the admission body shall enter into an indemnity or bond in a form approved by the administering authority with—

• (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits or to effect and carry out contracts of general insurance;

• (b) ...or

• (c) a person who does not require permission under that Act to accept deposits, by way of business, in the United Kingdom.

8

Where, for any reason, it is not desirable for an admission body to enter into an indemnity or bond, the admission agreement must provide that the admission body secures a guarantee in a form satisfactory to the administering authority from—

• (a) a person who funds the admission body in whole or in part;

• (b) in the case of an admission body falling within the description in paragraph 1(d), the Scheme employer referred to in that paragraph;

• (c) a person who—

• (i) owns, or

• (ii) controls the exercise of the functions of,

the admission body; or

• (d) the Secretary of State in the case of an admission body—

• (i) which is established by or under any enactment, and

• (ii) where that enactment enables the Secretary of State to make financial provision for that admission body; or

• (iii) which is a provider of probation services under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services) or a person with whom such a provider has made arrangements under subsection (3)(c) of that section.

9

An admission agreement must include—

• (a) provision for it to terminate if the admission body ceases to be such a body;

• (b) a requirement that the admission body notify the administering authority of any matter which may affect its participation in the Scheme;

• (c) a requirement that the admission body notify the administering authority of any actual or proposed change in its status, including a take-over, reconstruction or amalgamation, insolvency, winding up, receivership or liquidation and a material change to the body's business or constitution;

• (d) a right for the administering authority to terminate the agreement in the event of—

• (i) the insolvency, winding up or liquidation of the admission body,

• (ii) a material breach by the admission body of any of its obligations under the admission agreement or these Regulations which has not been remedied within a reasonable time,

• (iii) a failure by the admission body to pay any sums due to the fund within a reasonable period after receipt of a notice from the administering authority requiring it to do so.

10

An admission agreement must include a requirement that the admission body will not do anything to prejudice the status of the Scheme as a registered scheme.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

Where an admission body is such a body by virtue of paragraph 1(d), an admission agreement must include—

• (a) a requirement that only employees of the body who are employed in connection with the provision of the service or assets referred to in that sub-paragraph may be members of the Scheme;

• (b) details of the contract, other arrangement or direction by which the body met the requirements of that sub-paragraph;

• (c) a provision whereby the Scheme employer referred to in that sub-paragraph may set off against any payments due to the body, an amount equal to any overdue employer and employee contributions and other payments (including interest) due from the body under these Regulations;

• (d) a provision requiring the admission body to keep under assessment, to the satisfaction of the bodies mentioned in paragraph 6, the level of risk arising as a result of the matters mentioned in that paragraph;

• (e) a provision requiring copies of notifications due to the administering authority under paragraph 9(b) or (c) to be given to the Scheme employer referred to in that sub-paragraph; and

• (f) a provision requiring the Scheme employer referred to in that sub-paragraph to make a copy of the admission agreement available for public inspection at its offices.

13

Where an admission body of the description in paragraph 1(d) undertakes to meet the requirements of these Regulations, the appropriate administering authority must admit to the Scheme the eligible employees of that body.

1

The following bodies are required to maintain a pension fund and are administering authorities for the purposes of these Regulations—

• (a) a county council in England;

• (b) a London borough council;

• (c) the Corporation of London;

• (d) Bath and North East Somerset Council;

• (e) Bedford Borough Council;

• (f) City of Bradford Metropolitan District Council;

• (g) Cheshire West and Chester Borough Council;

• (h) East Riding of Yorkshire Council;

• (i) Middlesborough Borough Council;

• (j) South Tyneside Borough Council;

• (k) Tameside Metropolitan Borough Council;

• (l) Royal Borough of Windsor and Maidenhead Council;

• (m) Wirral Metropolitan Borough Council;

• (n) Wolverhampton City Council;

• (o) the South Yorkshire Pension Authority;

• (p) the Environment Agency;

• (q) the London Pensions Fund Authority;

• (r) Flintshire County Council;

• (s) Carmarthenshire County Council;

• (t) County Council of the City and County of Cardiff;

• (u) City and County of Swansea Council;

• (v) Gwynedd Council;

• (w) Powys County Council;

• (x) Rhondda Cynon Taf County Borough Council;

• (y) Torfaen County Borough Council;

• (z) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (za) Dorset Council.

• (zb) Buckinghamshire Council.

• (zc) West Northamptonshire Council.

• (zd) Westmorland and Furness Council.

1

Subject to paragraph 3, the appropriate administering authority for a member of the Scheme is the authority specified in column 2 of the following table for a person of that description.

Editorial notes

[^c21900021]: 1972 c. 11; section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

[^c21900031]: The Secretary of State's functions under section 7 of the Superannuation Act 1972 in so far as they were exercisable in relation to Scotland were devolved to Scottish Ministers by 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 Scottish Ministers etc) Order 1999 (S.I. 1999/1750).

[^c21900041]: 2006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7).

[^c21900051]: 2006 c. 42.

[^c21900061]: 2008 c. 14.

[^c21900071]: 1999 c. 30.

[^c21900081]: 1971 c. 56.

[^c21900091]: 1971 c. 56.

[^c21900101]: 2004 c. 12.

[^c21900111]: 2004 c. 35.

[^c21900141]: 2004 c. 12.

[^c21900151]: 1993 c. 48; section 61 was amended by the Pensions Act 1995, the Child Support, Pensions and Social Security Act 2000 and the Pensions Act 2004.

[^c21900161]: 1993 c. 48; there are amendments to section 55 which are not relevant to this instrument.

[^c21900171]: 1971 c. 56.

[^c21900181]: 1971 c. 56.

[^c21900191]: 1971 c. 56.

[^c21900201]: 1971 c. 56.

[^c21900211]: 1971 c. 56.

[^c21900221]: 1971 c. 56.

[^c21900231]: 1971 c. 56.

[^c21900241]: 2011 c. 20.

[^c21900251]: 2004 c. 21; section 5A was inserted by section 9 of the Localism Act 2011.

[^c21900261]: 2004 c. 12; section 164 was amended by the Finance Act 2006 (c. 25), the Finance Act 2008 (c. 9), the Finance Act 2009 (c. 10) and the Finance Act 2011 (c.11).

[^c21900271]: S.I. 2009/1171; regulations 11 and 12 were amended by S.I. 2011/1751.

[^c21900281]: 1971 c. 56.

[^c21900291]: 1971 c. 56.

[^c21900301]: 1971 c. 56.

[^c21900311]: 1971 c. 56.

[^c21900321]: 1971 c. 56.

[^c21900331]: 1971 c. 56.

[^c21900341]: 1993 c. 48.

[^c21900351]: 2004 c. 12; section 218 was amended by the Finance Act 2011 (c.11).There are numerous amendments to Schedule 36 which are not relevant to these regulations.

[^c21900361]: 1993 c. 48; section 14 was amended by the Proceeds of Crime Act 2002, the Pensions Act 1995, and the Social Security Contributions (Transfer of Functions, etc) Act 1999.

[^c21900371]: 2004 c. 12; section 238 was amended by the Finance Act 2011 (c. 11).

[^c21900421]: 1995 c. 26.

[^c21900441]: 1993 c. 48.