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STATUTORY INSTRUMENTS


2005 No. 3199

PENSIONS, ENGLAND AND WALES

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2005

  Made 15th November 2005 
  Laid before Parliament 23rd November 2005 
  Coming into force 14th December 2005 

These Regulations are made in exercise of the powers conferred by sections 7, 12 and 24 of the Superannuation Act 1972[1].

     In accordance with section 7(5) of that Act, the First Secretary of State has consulted (a) such associations of local authorities as appeared to him to be concerned; (b) the local authorities with whom consultation appeared to him to be desirable; and (c) such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate.

     The First Secretary of State makes the following Regulations:

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2005.

    (2) These Regulations shall come into force on 14th December 2005.

    (3) These Regulations extend to England and Wales[
2].

The Local Government Pension Scheme Regulations 1997
     2. The Local Government Pension Scheme Regulations 1997[3] shall be amended in accordance with regulations 3 and 4.

Governance policy statement
     3. After regulation 73 (the pension funds) insert—

Statements of policy concerning communications with members and employing authorities (including non-Scheme employers)
    
4. After regulation 106A (annual benefit statements)[4], insert—



Signed by authority of the First Secretary of State


Phil Woolas
Minister of State Office of the Deputy Prime Minister

15th November 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Local Government Pension Scheme Regulations 1997.

These Regulations extend to England and Wales.

The changes to the 1997 Regulations are as follows—

Regulation 3 inserts a new provision, regulation 73A, requiring each administering authority to prepare, maintain and publish a governance policy statement as to whether they delegate their function or part of their function in relation to maintaining a pension fund to a committee, sub-committee or an officer. If they delegate to a committee, sub-committee or an officer, the statement must record—

The statement must be revised and published following any material change to the administering authority's policy on any of those matters set out above. Administering authorities must publish the first statements by 1st April 2006.

Regulation 4 inserts a new provision, regulation 106B, requiring each administering authority to prepare, maintain and publish a statement concerning their policy on communicating with members, members' representatives, prospective members and employing authorities. Administering authorities must publish the first statements by 1st April 2006 which must, in particular, set out their policy on—

The statement must be revised and published following any material change to the authority's policy on any of those matters set out above.

A full Regulatory Impact Assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies; neither does it have significant financial impact on any public bodies.


Notes:

[1] 1972 c. 11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).back

[2] The Secretary of State's functions under sections 7 and 12 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 (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).back

[3] S.I.1997/1612; the relevant amending instruments are S.I. 1998/1238 and 2004/573.back

[4] Regulation 106A was inserted by S.I. 2004/573.back



ISBN 0 11 073643 5


 © Crown copyright 2005

Prepared 23 November 2005


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