Contents
- Part 1 Preliminary
- Part 2 Membership of scheme
- Part 3 Contributions
- Part 4 Pension fund and employers’ payments
- Part 5 Payment of benefits, etc.
- Part 6 Determination of questions and disputes
- Part 7 Policy statements and information
- Part 8 Special adjustments
- Part 9 Transfers
- Part 10 Pension sharing
- Schedule 1 Interpretation
- Schedule 2 Matters to be included in admission agreements with ... admission bodies
- Schedule 3 The committee
- Schedule 4 Councillor members
Part 1 · Preliminary
Part 2 · Membership of scheme
3General eligibility for membership#
(1)Before the end of each review period, the Secretary of State must—
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
3AEligibility of councillors#
These Regulations apply to councillor members in respect of their councillor membership with the modifications set out in Schedule 4.
4Employees of community admission bodies#
(1)Subject to the requirements of this regulation and regulation 6 (admission agreements – further provisions), the Committee may make an admission agreement with any transferee admission body.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(iv)CIL receipts from previous years to which regulation 59E or 59F applied retained at the end of the reported year.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(e)the total amount of—
(f)after “960.1,” insert “960.2,”.
(g)in Part X (motorway signs), for diagrams 2901 and 2919.1, substitute respectively diagrams 2901 and 2919.2 shown in Part 7 of the schedule to these regulations.
(3)Approval under paragraph (2)(a)(ii) may be subject to such conditions as the Department thinks fit and it may withdraw approval at any time if such conditions are not met.
(4)Approval under paragraph (2)(b) may be subject to such conditions as the Department thinks fit and it may withdraw approval at any time if such conditions are not met.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
5Employees of transferee admission bodies#
(1)Subject to the requirements of this regulation and regulation 6 (admission agreements – further provisions), the Committee may make an admission agreement with any transferee admission body.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)In the case of an admission agreement with a transferee admission body under paragraph (2)(a) the employing authority, if it is not also the Committee, must be a party to the admission agreement.
(3A)For the purposes of paragraph (1), CIL collected by a charging authority includes infrastructure payments made in respect of CIL charged by that authority, and CIL collected by way of an infrastructure payment has not been spent if at the end of the reported year the infrastructure to be provided has not been provided.
(4)Approval under paragraph (2)(b) may be subject to such conditions as the Department thinks fit and it may withdraw approval at any time if such conditions are not met.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)in the case of a body under paragraph (2)(a), the employing authority undertakes to meet the requirements of this regulation; or
(b)in the case of a body under paragraph (2)(b), the Department approves the body for admission to the Scheme and the conditions, if any, to which the approval is subject, have been met.
(9)Where paragraph (8) applies—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(10)Only those employees of the transferee admission body who are employed in connection with the provision of a service or assets mentioned in paragraph (2) are eligible to be designated, under regulation 6(2), members of the Scheme.
6Admission agreements – further provisions#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Omit paragraphs (6) and (7).
(10)In Schedule 9 (light signals for pedestrians and animal crossings), for diagrams 4002.1, 4003, 4003.1, 4003.2, 4003.3, 4003.4, 4003.5, 4003.6 and 4003.7, substitute diagrams 4002.1, 4003, 4003.1, 4003.1A, 4003.2, 4003.3, 4003.4, 4003.4A, 4003.5, 4003.6, 4003.7 and 4003.7A shown in Part 9 of the schedule to these regulations.
(11)In Schedule 12—
(12)In column (2) of item 15—
7Separate employments, etc.#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
8Further restrictions on eligibility#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
9Joining the Scheme#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
10Ending of membership#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)But if a contributions equivalent premium or a payment in lieu of contributions is due or has been made in respect of the former employee, the Committee may reduce an amount retained under paragraph (2) or a payment under paragraph (3) by the amount of the contributions equivalent premium and by half the amount of any payment in lieu of contributions.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7)A person who is a member and an employee of a transferee admission body shall be treated for the purpose of these Regulations and the Benefits Regulations as leaving a local government employment when he ceases to be employed in connection with the provision of the service or assets under regulation 5(2) (employees of transferee admission bodies) by virtue of which he became eligible to join the Scheme.
11Periods of membership#
(1)A person may not count any period of membership if his contributions for that period have been returned to him.
(2)A person may not count any period of membership if his rights in respect of it have been transferred by payment of a transfer value (see Part 9).
(3)A person may not count as a period of membership for the purpose of calculating any benefit under regulations 16 (normal retirement) to 20 (early leavers: ill-health) or 29 (calculation on leaving early) to 31 (early payment of pension: ill-health) of the Benefits Regulations so much of his membership as requires to be excluded to reduce the value under regulation 70(2)(b) by the amount recovered or retained under regulation 70 (recovery or retention where former member has misconduct obligation).
(4)Where a person pays contributions under regulation 16 (contributions during trade dispute absence) for any period, that period counts as a period within regulation 6 (periods of membership) of the Benefits Regulations even if his contract of employment did not subsist throughout that period.
(5)A period of membership under regulation 6(a) of the Benefits Regulations includes any period for which a member is treated as having paid contributions under regulation 13 (concurrent employments) or 41(4) (rights to return of contributions) of these Regulations.
(6)A period of membership as a—
(a)qualifying member between 1st January 1995 and 30th November 2007; note...
(b)newly qualifying member between 1st January 1995 and 6th February 2009 ; and
(c)Agreement No.2 qualifying member between 1st January 1995 and 27th March 2015,
shall be calculated for the purposes of these Regulations and the Benefits Regulations, in accordance with regulations 10 (length of period of membership: calculation of benefit) and 19 (calculations) of the 2002 Regulations.
(7)In this regulation—• “qualifying member” means a member who is party to the Agreement;• “newly qualifying member” means a member who is employed as a classroom assistant by a voluntary grammar school or a grant maintained integrated school within the meaning of the Education Reform (Northern Ireland) Order 1989; and• “the Agreement” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards dated 30th November 2007.• “the Agreement No. 2” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards reached on 27th March 2015;• “the Agreement No. 2 qualifying member” means a member who was party to the Agreement No. 2;
12Re-employed and rejoining deferred members#
(1)Where a deferred member becomes an active member in an employment (“the new employment”) before becoming entitled to the immediate payment of retirement benefits, he may, by giving notice in accordance with paragraph (4), choose to have his membership in any former employment aggregated with his membership in the new employment.
(2)In the case of a person who is a member on 31st March 2009, and to whom paragraph (1) applies before 31st March 2010, that paragraph applies as if “ the age of 50” were substituted for “the age of 55”.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(4)Subject to paragraph (5), in the case of a person who is a member on 31st March 2009, and who makes a request before 31st March 2010, paragraph (1) applies as if “the age of 50” were substituted for “ the age of 55”.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
13Concurrent employments#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)Additional pension may be paid in addition to any increase of total membership resolved to be made under regulation 12 (power of employing authority to increase total membership of members).
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(3)The report must in particular—
where the rate of pensionable pay in each case is the annual rate of pensionable pay on the last day of the first employment.
Part 3 · Contributions
14Contributions during child-related leave#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)Subject to paragraph (5), in the case of a person who is a member on 31st March 2009, and who makes a request before 31st March 2010, paragraph (1) applies as if “the age of 50” were substituted for “ the age of 55”.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(7)The “appropriate body” for the purpose of paragraph (5) is—
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In this regulation—• “additional paternity leave” means leave under the Additional Paternity Leave Regulations (Northern Ireland) 2010;• “ordinary adoption leave” means leave under Article 107A of the Employment Rights (Northern Ireland) Order 1996;• “ordinary maternity leave” means leave under Article 103 of that Order;• “paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002;• “period of maternity, paternity or adoption absence” means any period throughout which a member is absent from duty because he is exercising his right to take—(a) ordinary maternity or adoption leave;(b) additional maternity or adoption leave under Article 105 or 107B of the Employment Rights (Northern Ireland) Order 1996; or(c) paternity leave; or(d) additional paternity leave; and• “statutory pay” means any statutory maternity, paternity or adoption pay payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
15Contributions during reserve forces service leave#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)He must pay contributions under regulation 3 (contributions payable by active members) of the Benefits Regulations and any payments under regulation 19 (payment of additional regular contributions) of these Regulations or regulation 57 (payments to increase total membership) of the 2002 Regulations that he was paying immediately before his relevant reserve forces service began if (and only if) his reserve forces pay during that service equals or exceeds the pensionable pay he would have received if he had continued to be employed in his former employment.
(3)The report must in particular—
(4)If he is not obliged to pay contributions under paragraph (2) he must be treated as if he had paid them and also any payments under regulation 19or 20A (payment of additional contributions: survivor benefits (ASBCs)) of these Regulations of these Regulations or regulation 57 of the 2002 Regulations that he would have been liable to pay if he had continued to be employed in his former employment.
(5)If he was paying any contributions under regulation 21(1) (additional voluntary contributions and shared cost additional voluntary contributions) immediately before his leave began—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
he shall be treated as if he were in that employment at that time.
16Contributions during trade dispute absence#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)In preparing or reviewing and making revisions to its policy statement an employing authority must have regard to the extent to which the exercise of any of the functions mentioned in paragraph (1) in accordance with its policy could lead to a serious loss of confidence in the public service.
(a)may continue to pay contributions under regulation 21 (additional voluntary contributions and shared cost additional voluntary contributions) which he was paying immediately before the trade dispute absence began; and
(b)any payments he was making under regulation 19or 20A of these Regulations or regulation 57 of the 2002 Regulations.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
he may make a contribution for the relevant contribution period at the rate of 16% on his lost pensionable pay for that period.and, in determining that difference, any guarantee payments under Part 3 of the Employment Rights (Northern Ireland) Order 1996 must be disregarded.
17Contributions during absences with permission#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)any payments he was making under regulation 19or 20A of these Regulations or regulation 57 of the 2002 Regulations.
(3)The member may continue to pay contributions under regulation 21 (additional voluntary contributions and shared cost additional voluntary contributions) which he was paying immediately before the absence began.
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)any payments he was making under regulation 19or 20A of these Regulations or regulation 57 of the 2002 Regulations.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(b)continue to make any payments he was making under regulation 21 which he was paying immediately before his absence began.
he must make the payments specified in paragraph (2) on the pensionable pay he would have received during the period but for his absence (“his deemed pay”).he must make payments specified in paragraph (5) on his deemed pay.
18Applications to make absence contributions#
(1)To make contributions under regulations 14(5) (contributions during child-related leave), 16 (contributions during trade dispute absence) or 17(6)(a) (contributions during absences with permission), a person must apply to his employing authority in writing before the expiry of a period of 30 days beginning with the day—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
19Payment of additional regular contributions (ARCs)#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)the member must pay those ARCs from the next payment period (as defined in regulation 9(6) (joining the Scheme)) following the date of the Committee’s notification under paragraph (5).
(8)The Government Actuary may at any time redetermine any amount determined under paragraph (6) and, if he does so, the member must, from 1st April following the redetermination, pay ARCs in accordance with the redetermination.
(9)If the member pays (or is treated under regulation 20 (discontinuance of ARCs) as having paid) ARCs for the whole of the ARC payment period, he must be credited with the additional annual pension of the amount that those ARCs purchase.
it may refuse his request.
20Discontinuance of ARCs#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
he is treated as having paid his ARCs up to the end of that period.
20APayment of additional contributions: survivor benefits (ASBCs)#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Omit paragraphs (6) and (7).
and if the Committee is not satisfied, it may refuse the member’s request.
20BDiscontinuance of ASBCs#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
the member is to be treated as having paid ASBCs up to the end of that period.
21Additional voluntary contributions and shared cost additional voluntary contributions#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)Such AVCs and SCAVCs are in addition to any other contributions the member may pay under regulation 19 (payment of additional regular contributions).
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Omit paragraphs (6) and (7).
(10)The maximum a person may specify under paragraph (5)(b)(i) or notify under paragraph (7) as the varied amount in respect of each employment for which he makes such an election is 50% of the pensionable pay of that employment or an amount equal to 50% of the pensionable pay of that employment.
22Use of accumulated value of AVCs and SCAVCs#
(1)This regulation applies where a person who has paid AVCs or SCAVCs during his employment or made a transfer under regulation 21(8) (additional voluntary contributions)—
(a)leaves his employment with the employing authority notified under regulation 21(5)(a)—
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)The employing authority must send notification under paragraph (2) or (4) to the Committee as soon as possible.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The Committee must make such arrangements as are necessary for the use of the accumulated value in accordance with a notification under paragraph (2) or (4)note....
(9)Omit paragraphs (6) and (7).
(10)In Schedule 9 (light signals for pedestrians and animal crossings), for diagrams 4002.1, 4003, 4003.1, 4003.2, 4003.3, 4003.4, 4003.5, 4003.6 and 4003.7, substitute diagrams 4002.1, 4003, 4003.1, 4003.1A, 4003.2, 4003.3, 4003.4, 4003.4A, 4003.5, 4003.6, 4003.7 and 4003.7A shown in Part 9 of the schedule to these regulations.
23Separate treatment of AVCs and SCAVCs from other contributions#
(1)Regulations 41 (rights to return of contributions) and 42 (exclusion of rights to return of contributions) do not apply to—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)A person (“P”) who—
(a)such a policy as mentioned in regulation 22(3)(b); or
(b)assess the extent to which those objectives are achieved; and
must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
(3)The report must in particular—
(a)regulation 50 (first instance decisions – general);
(b)regulation 68 (forfeiture of pension rights after conviction of employment-related offences);
(c)regulation 69 (interim payments directions); and
(d)regulation 70 (recovery or retention where former member has misconduct obligation).
24Cost of calculations of additional pension where no notification given under regulation 22(4)#
(1)This regulation applies where, at a member’s request, the Committee gives him information concerning the amount of additional pension which would be payable if he were to give notification in regulation 22(4) (use of accumulated value of AVCs and SCAVCs).
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
Part 4 · Pension fund and employers’ payments
25Administration and management#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
26The fund#
The Committee is responsible for maintaining the fund and any admission agreement fund established under regulation 28 (admission agreement funds).
27Governance policy statement#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
28Admission agreement funds#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)When valuations under regulation 31 (actuarial valuations and certificates) of both the fund and the admission agreement fund are first obtained after the admission agreement fund is established, the Committee must obtain a transfer statement from the actuary appointed by the Committee.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29Accounts and audit#
(1)Before the end of each review period, the Secretary of State must—
(2)Unless paragraph (4) applies, the employing authority must pay the appropriate sum for the person to whom the resolution relates to the fund or admission agreement fund before the expiry of the relevant period.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(e)the total amount of—
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(9)Omit paragraphs (6) and (7).
shall be prepared in accordance with guidance for the time being issued by the Department of Finance and Personnel.
30Funding strategy statement#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
31Actuarial valuations and certificates#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)A report under paragraph (1)(b) must contain a statement of the demographic assumptions used in making the valuation and the statement must show how the assumptions relate to the events which have actually occurred in relation to members of the Scheme since the last valuation.
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)the current version of the Committee’s funding strategy statement mentioned in regulation 30 (funding strategy statement).
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(9)Omit paragraphs (6) and (7).
for each year of the period of 3 years beginning with 1st April in the year following that in which the valuation date falls.
32Supply of copies of valuations, certificates, etc.#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)a copy of the consolidated revenue account with which the actuary was provided under regulation 31(9); and
(b)a summary of the assets of the fund at the valuation date (unless such summary is contained in the report under regulation 31(1)(b)).
33Special circumstances where revised actuarial valuations and certificates must be obtained#
(1)When obtaining a transfer statement under regulation 28(5) (admission agreement funds), the Committee must also obtain from the actuary a rates and adjustments certificate for the admission agreement fund for each remaining year of the period covered by the most recent such certificate for the fund.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4A)If the DLA entitled person referred to in paragraphs (3) or (3ZA) is an exempt person, the Secretary of State must not send the notification required by paragraph (3)paragraphs (3) or (3ZA) until the DLA entitled person ceases to be an exempt person.
(4B)
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4C)Condition E is that the person provides evidence of seeking employment or self-employment and having a genuine chance of being engaged.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Omit paragraphs (6) and (7).
33AApportionment of liabilities#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to reflect the transfer of liabilities when realised under paragraph (1).
34Contributing body’s contributions#
(1)A contributing body must contribute to the fund, or as the case may be, an admission agreement fund, in each year covered by a rates and adjustments certificate under regulation 31 (actuarial valuations and certificates) or 33 (special circumstances where revised actuarial valuations and certificates must be obtained) the amount appropriate for that contributing body as calculated in accordance with the certificate and paragraph (4).
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)equal the appropriate proportion of the whole amount due under paragraph (1) for the year in question.
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)is treated under regulation 14(4) as if he had paid contributions; or
(b)assess the extent to which those objectives are achieved; and
the pay on which the common percentage is calculated is the pay the employee would have received if he had not been absent.
35Employer’s payment following resolution to increase membership or award additional pension#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)Unless paragraph (4) applies, the employing authority must pay the appropriate sum for the person to whom the resolution relates to the fund or admission agreement fund before the expiry of the relevant period.
(3)The report must in particular—
(4)This paragraph applies where the Committee and the employing authority agree before the expiry of the relevant period that the employing authority will pay increased contributions under regulation 34(contributing body’s contributions) or an amount to meet the cost of the increase in membership or the additional pension.
(5)Any extra charge on the fund or admission agreement fund resulting from the resolution must be repaid to the fund by the employing authority concerned but only so far as not paid under paragraphs (2) or (4).
(6)In the case of a resolution under regulation 12 of the Benefits Regulations, the additional period in question may only be counted as a period of membership if one of the conditions in paragraph (8) is met.
(7)In the case of a resolution under regulation 13 of those Regulations, a person is only entitled to the additional pension awarded if one of the conditions in paragraph (8) is met.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)not less than 3 months notice of the amount to be recovered or retained under paragraph (2); and
(b)paragraph (4) applies.
(9)Omit paragraphs (6) and (7).
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(10)If neither of the conditions in paragraph (8) is met, the resolution ceases to have effect.
36Employer’s further payments#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
37Payments by employing authorities to the Committee#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)any amount it has received by deduction or otherwise under regulation 14(5) (contributions during child-related leave), 16 (contributions during trade dispute absence), 17 (contributions during absences with permission) or 21 (additional voluntary contributions and shared cost additional voluntary contributions) during the interval;
(c)any extra charge payable under regulation 35 (employer’s payment following resolution to increase membership or award additional pension) or 36 (employer’s further payments) of which it has been notified by the Committee during the interval; and
(d)a contribution towards the cost of the administration of the fund, which shall include any amount specified in a notice given in accordance with regulation 38 (additional costs arising from employing authority’s level of performance).
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)an employing authority must pay the amounts mentioned in paragraph (1)(a), not later than the time required under Article 49(8) of the Pensions Order; and
(b)paragraph (1)(d) does not apply where the cost of the administration of the fund is paid out of the fund under regulation 5(4) (management of the fund) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations (Northern Ireland) 2000.
(3)Where the amount mentioned in paragraph (1)(a) is deducted, the Committee must use that amount to pay the premium.
(a)set out the objectives intended to be achieved by these Regulations;
(b)which employees are paying contributions under regulation 19(1) (payment of additional regular contributions) or 21(1) (additional voluntary contributions and shared cost additional voluntary contributions); and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4)In calculating the credited period under paragraph (3) due allowance must be given for the expected increase in the member’s pensionable pay between the date he became a member (or, if more than 12 months later, the date on which the transfer value is received) and his normal retirement age.
(5)If the annual amount payable under paragraph (1)(d) cannot be settled by agreement, it must be determined by the Department.
(6)Paragraphs (1) and (3) do not apply to the Committee.
38Additional costs arising from employing authority’s level of performance#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)is provided with information that is to be treated as confidential in accordance with paragraph (1), or
(b)the Committee’s opinion that the employing authority’s contribution under regulation 37(1)(d) should include an amount specified in the notice in respect of the additional costs attributable to that employing authority’s level of performance;
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)where the Committee has prepared a pension administration strategy under regulation 61 (pension administration strategy), the provisions of the strategy which are relevant to the decision to give the notice and to the matters in sub-paragraph (a), (b) or (c).
39Interest#
(1)The Committee may require an employing authority from which payment of any amount due under regulations 34 to 37 (employers’ contributions or payments) is overdue to pay interest on that amount.
(2)The date on which any amount due under regulations 34 to 36 is overdue is the date 10 days from the date specified by the Committee for payment.
(3)The date on which any amount due under regulation 37 (payments by employing authorities to the Committee) (other than an extra charge payable under regulation 34 or 35 and referred to in regulation 37(1)(c)) is overdue is the day after the date when that payment is due.
(4)Interest due under paragraph (1) or payable to a person under regulation 40(5) (deduction and recovery of a member’s contributions), 41(2) (rights to return of contributions) or 46 (interest on late payment of certain benefits) must be calculated at 1% above base rate on a day to day basis from the due date to the date of payment and compounded with 3-monthly rests.
40Deduction and recovery of a member’s contributions#
(1)Before the end of each review period, the Secretary of State must—
(2)Sums payable under regulation 15(2) or 15(5)(b) (contributions during reserve forces service leave) may be deducted by the member’s former employer from any payment made to him under Part 5 of the Reserve and Auxiliary Forces (Protection Civil of Interests) (Northern Ireland) Order 1953, to the extent that they are payable in respect of the same period.
(3)The amount of additional regular contributions to be paid under paragraph (1), and the reduction or increase referred to in paragraph (2), is calculated in accordance with guidance issued by the Government Actuary.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)But the sums mentioned in paragraph (2) are only recoverable under paragraph (3) if unpaid for 12 months after the person ceases to perform relevant reserve forces service.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7)The “appropriate body” for the purpose of paragraph (5) is—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
the appropriate body must pay him interest on that amount; and the due date for the calculation of interest under regulation 39(4) (interest) is the date of deduction.
41Rights to return of contributions#
(1)Before the end of each review period, the Secretary of State must—
(2)If repayment of contributions has not been made before the expiry of the period of one year beginning with the date when active membership ceases, the person is entitled to interest on the repayment which should have been made, calculated as provided in regulation 39(4) (interest), the due date being the date when active membership ceased.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
where the rate of pensionable pay in each case is the annual rate of pensionable pay on the last day of the employment in the employment that has ceased.
42Exclusion of rights to return of contributions#
(1)A person is not entitled to a repayment under regulation 41 (rights to return of contributions) if—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(2)But where paragraph (1)(b) applies the employing authority may direct the payment out of the fund or admission agreement fund to him or, in a case of an offence of a fraudulent character, to him or to his spouse, civil partner, note... cohabiting partner or any dependant of his, of a sum equal to all or part of his contributions.
(3)A person is not entitled to a repayment under regulation 41(1), if a transfer value has been credited to the fund or admission agreement fund for him.
(4)A person ceases to be entitled to such a repayment under regulation 41(1) if he returns to local government employment before receiving it.
Part 5 · Payment of benefits, etc.
43Pension increases under the Pension Schemes (Northern Ireland) Act 1993#
Any increase in a pension required by reason of Chapter 3 of Part 4 of the 1993 Act (protection of increases in guaranteed minimum pensions: anti-franking) must be paid from the fund or an admission agreement fund.
44Contributions equivalent premiums#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
45Commencement of pensions#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)A person may by notice in writing to the Committee alter the date specified in a notice referred to in paragraph (7) or any such subsequent notice under this paragraph but any such subsequent notice must be given not less than 3 months before the date specified in the preceding notice in order for the change of payment date to take effect.
45AGuaranteed minimum pensions#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
the member is entitled from the end of the period mentioned in sub-paragraph (a) to payment of so much of his retirement pension as equals that guaranteed minimum.
45BSurvivor benefits: guaranteed minimum pension#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
45CJoint liability in respect of annual allowance charge#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
46Interest on late payment of certain benefits#
(1)Where all or part of a pension or lump sum payment due under these Regulations, the Benefits Regulations or the former Regulations is not paid within the relevant period after the due date, the Committee must pay interest on the unpaid amount to the person to whom it is payable, calculated from the due date as provided in regulation 39(4) (interest).
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
47Payments due in respect of deceased persons#
(1)The persons mentioned in paragraph (2) are entitled to such rights under the Scheme as are specified in guidance issued by the Government Actuary.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
without the production of probate or letters administration of his estate.
47APayments for persons incapable of managing their affairs#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
Part 6 · Determination of questions and disputes
49Interpretation of Part#
In this Part a reference to the employing authority of a prospective member is a reference to the body that would be his employer if he were to become an active member in the employment by virtue of which he would be eligible to join the Scheme.
50First instance decisions – general#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(e)the total amount of—
(3)If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4)But if a contributions equivalent premium or a payment in lieu of contributions is due or has been made in respect of the former employee, the Committee may reduce an amount retained under paragraph (2) or a payment under paragraph (3) by the amount of the contributions equivalent premium and by half the amount of any payment in lieu of contributions.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7)The decision under paragraph (5) shall be made as soon as is reasonably practicable after the cessation of the employment or, as the case may be, the death of the employee and that under paragraph (6) as soon as is reasonably practicable after the occurrence of the event by virtue of which the entitlement arises or may arise.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51First instance determinations: ill-health#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
52Notification of first instance decisions#
(1)Every person whose rights or liabilities are affected by a decision under regulation 50 (first instance decisions: general) or 51 (first instance determinations: ill-health) shall be notified of it by the Committee or the employing authority which made it as soon as is reasonably practicable.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)a person claiming to be a person within paragraph (a) or (b),
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)his right under regulation 54 (right to apply for an appointed person to review a decision) to make an application to an appointed person, the address at which he may be contacted and his job title; and
(iii)his right under regulation 56 (reference of disagreement to the Committee) to apply to the Committee for a reconsideration of the matter within the time limit referred to in that regulation; and
(d)in the case of a decision by an employing authority made under regulation 50, a conspicuous statement directing the person’s attention to—
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)his right of appeal to the county court under regulation 59 (referral of decisions under regulation 50(1) to the county court).
53Appointment of persons to resolve disputes#
(1)A decision on the matters raised by an application under regulation 54 (right to apply for an appointed person to review a decision) must be issued by the appropriate appointed person—
(2)In the case of a person who is a member on 31st March 2009, and to whom paragraph (1) applies before 31st March 2010, that paragraph applies as if “ the age of 50” were substituted for “the age of 55”.
(3)An application made by the person who applied under regulation 54 must set out the matters required by paragraph (4), (5) or (6) as the case may be, of that regulation to be included in his application.
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
54Right to apply for an appointed person to review a decision#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(e)the total amount of—
(f)a person who ceased to be a member, or to fall within sub-paragraph (a), (b), (c), (d) or (e) during the period of 6 months ending with the date of the application; and
(g)in the case of a disagreement relating to the question as to whether a person claiming to be a member or to fall within sub-paragraph (a), (b), (c), (d), (e) or (f) does so, the claimant.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)a person claiming to be a person within paragraph (a) or (b),
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)a person claiming to be a person within paragraph (a) or (b),
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The application must be accompanied by a copy of any written notification issued under regulation 52 (notification of first instance decisions).
(9)Omit paragraphs (6) and (7).
(10)Where the disagreement relates to a decision under regulation 51 (first instance determinations: ill-health), the relevant date is the date notification of it is given under regulation 52.
(11)In Schedule 12—
must set out his full name, address, date of birth, his national insurance number (if any) and the name of his employing authority.must set out his full name, address and date of birth.
55Notice of decisions by the appointed person under regulation 54#
(1)A decision on the matters raised by an application under regulation 54 (right to apply for an appointed person to review a decision) must be issued by the appropriate appointed person—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In the case of a person who is a member on 31st March 2009, and to whom paragraph (1) applies before 31st March 2010, that paragraph applies as if “ the age of 50” were substituted for “the age of 55”.
(3)If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)a reference to the rights of the applicant to refer the disagreement for reconsideration by the Committee under regulation 56 (reference of disagreement to the Committee), specifying the time within which he may do so; and
(e)the total amount of—
by notice in writing before the expiry of the period of 2 months beginning with the date the application was received.
56Reference of disagreement to the Committee#
(1)Where an application about a disagreement has been made under regulation 54 (right to apply for an appointed person to review a decision), an application may be made to the Committee to reconsider the disagreement by the person who applied under regulation 54.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)An application made by the person who applied under regulation 54 must set out the matters required by paragraph (4), (5) or (6) as the case may be, of that regulation to be included in his application.
(4)The application must be accompanied by a copy of any written notification issued under regulation 52 (notification of first instance decisions).
(5)Where notice of a decision on the application under regulation 54 has been issued, the application under this regulation must state why the applicant is dissatisfied with that decision and be accompanied by a copy of that notice.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Where notice of a decision on the matters raised by the application under regulation 54 has been issued, the relevant date is the date of that notice.
(9)Omit paragraphs (6) and (7).
(a)an interim reply has been sent out under regulation 55(2) (notice of decisions by the appointed person under regulation 54); but
(b)assess the extent to which those objectives are achieved; and
(10)Where no notice of decision has been issued or interim reply has been sent before the expiry of the period of 3 months beginning with the date the application under regulation 54 was made, the relevant date is the date with which that period expires.
the relevant date is the date with which that period expires.
57Notice of decisions by the Committee under regulation 56#
(1)The Committee must issue its decision on the matters raised by an application under regulation 56 (reference of disagreement to the Committee) to the parties to the disagreement by notice in writing before the expiry of the period of 2 months beginning with the date the application was received (but see paragraph (2)).
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
(a)set out the objectives intended to be achieved by these Regulations;
(b)in a case where there has been a decision made under regulation 55 (notice of decisions by the appointed person under regulation 54), an explanation as to whether and, if so, to what extent that decision is confirmed or replaced;
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(e)the total amount of—
(f)after “960.1,” insert “960.2,”.
58Rights of representation#
(1)An application under regulation 54 (right to apply for an appointed person to review a decision) or 56 (reference of disagreement to the Committee) may be made or continued on behalf of the applicant by a representative nominated by him.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)Where a representative’s address is not to be so used, the appropriate appointed person or the Committee, as the case may be, must send to the applicant a copy of a decision under regulation 55(1) (notice of decisions by the appointed person under regulation 54) or 57(1) (notice of decisions by the Committee under regulation 56) or an interim reply under regulation 55(2) or 57(2).
Part 7 · Policy statements and information
60Exchange of information by authorities#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
the Committee must give the employing authority that information.
61Pension administration strategy#
(1)The Committee may prepare a written statement of its policies in relation to such of the matters mentioned in paragraph (2) as it considers appropriate (“its pension administration strategy”) and, where it does so, paragraphs (3) to (7) apply.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(e)the circumstances in which the Committee may consider giving written notice to such an employing authority under regulation 38(2) (additional costs arising from employing authority’s level of performance) on account of that authority’s unsatisfactory performance in carrying out its Scheme functions when measured against levels of performance established under sub-paragraph (b);
(f)after “960.1,” insert “960.2,”.
(i)the extent to which the Committee and employing authorities have achieved the levels of performance established under sub-paragraph (b); and
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(g)in Part X (motorway signs), for diagrams 2901 and 2919.1, substitute respectively diagrams 2901 and 2919.2 shown in Part 7 of the schedule to these regulations.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62Exercise of discretionary functions: policy statements#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In calculating the credited period under paragraph (3) due allowance must be given for the expected increase in the member’s pensionable pay between the date he became a member (or, if more than 12 months later, the date on which the transfer value is received) and his normal retirement age.
(5)In preparing or reviewing and making revisions to its policy statement an employing authority must have regard to the extent to which the exercise of any of the functions mentioned in paragraph (1) in accordance with its policy could lead to a serious loss of confidence in the public service.
63Communication policy statements#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(d)“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(3)The report must in particular—
64Annual benefit statements#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
64APension savings statements#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
65Information to be supplied by employees#
(1)The persons mentioned in paragraph (2) are entitled to such rights under the Scheme as are specified in guidance issued by the Government Actuary.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(4)A request under paragraph (1) or (3) must include a conspicuous statement that it is important that the member gives full and accurate information, especially for ascertaining his rights under the Scheme.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Part 8 · Special adjustments
66Statements of policy concerning abatement of retirement pensions in new employment#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(6)In paragraph (5)(a) the reference to financial gain is a reference to the financial gain which appears to the Committee may be obtained by a member as a result of his entitlement both to a pension and to pay under the new employment.
67Application of abatement policy in individual cases#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)must apply the policy published by it under regulation 66 (statements of policy concerning abatement of retirement pensions in new employment) to the member; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(4)Any retirement pension paid following a request under regulation 18(1) (flexible retirement) of the Benefits Regulations is not subject to abatement under regulation 66 in respect of any subsequent employment with the employing authority who is his employing authority at the date of his request.
68Forfeiture of pension rights after conviction of employment-related offences#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If the former employing authority incurred loss as a direct consequence of the relevant offence, it may only give a direction under paragraph (2) if it is unable to recover its loss under regulation 70 (recovery or retention where former member has misconduct obligation) or 72 (transfer of sums from the fund to compensate for a former member’s misconduct) or otherwise, except after an unreasonable time or at disproportionate cost.
(6)A person who contravenes the prohibition in paragraph (2) commits an offence.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69Interim payments directions#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)a forfeiture certificate has been issued under regulation 68(1) (forfeiture of pension rights after conviction of employment-related offences) in respect of that offence,
(2)But his former employing authority may not give such a direction if it has given any direction under regulation 68(2) (“a forfeiture direction”).
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)An interim payments direction is not a decision under regulation 50 (first instance decisions – general) as to any person’s entitlement to a benefit.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
his former employing authority may give an interim payments direction to the Committee.
70Recovery or retention where former member has misconduct obligation#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)not less than 3 months notice of the amount to be recovered or retained under paragraph (2); and
(b)assess the extent to which those objectives are achieved; and
(5)If there is any dispute over the amount of the monetary obligation specified in paragraph (1)(b), the former employing authority may not recover or retain any payment under paragraph (2) until the obligation is enforceable under an order of a competent court or the award of an arbitrator.
whichever is less.
71Protection of guaranteed minimum pension rights#
(1)Before the end of each review period, the Secretary of State must—
(a)to give directions under regulation 68(2) (forfeiture of pension rights after conviction of employment-related offences); or
(b)to recover or retain amounts under regulation 70(2) (recovery or retention where former member has misconduct obligation),
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
may not be exercised so as to deprive a person of his guaranteed minimum pension or any widow’s, widower’s or surviving civil partner’s guaranteed minimum pension.
71ARevaluation of guaranteed minimum#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)For that purpose—• “average end of day settlement price” means the average over the 12 months ending with the relevant date;• “futures contract” means the futures contract as traded on the single largest carbon market exchange (as determined by volume of sales in the 12 months ending with the relevant date);• “sterling equivalent” means the sterling equivalent converted by reference to the Bank of England annual average spot exchange rate for the 12 months ending with the relevant date;• “the relevant date”, in relation to the year for which the carbon price is set, is 11th November in the preceding year.
72Transfer of sums from the fund to compensate for former member’s misconduct#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)But if a contributions equivalent premium or a payment in lieu of contributions is due or has been made in respect of the former employee, the Committee may reduce an amount retained under paragraph (2) or a payment under paragraph (3) by the amount of the contributions equivalent premium and by half the amount of any payment in lieu of contributions.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)the amount of any contributions which could have been returned to the former employee, or paid to his spouse, civil partner, note... cohabiting partner or a dependant, under regulation 42(2) (exclusion of rights to return of contributions) or regulation 89(2) (exclusion of rights to return of contributions) of the 2002 Regulations, less the amount of any contributions which have been so returned or paid,
(6)If after making a payment under paragraph (3) the Committee is required to make any transfer payment under Chapter 4 or Chapter 5 of Part 4 of the 1993 Act or under regulation 77 (bulk transfers (transfers of undertakings), etc.) for a former employee, the former employing authority must repay it, if requested to do so.
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)he did not become so entitled and on leaving the employment became entitled to a return of contributions under regulation 41 (rights to return to contributions) (whether or not he has waived his right).
in either case in connection with that employment;whichever is the less.
Part 9 · Transfers
73Interpretation of Part#
In this Part—• “Chapters 4 and 5” means Chapters 4 and 5 of Part 4 of the 1993 Act (transfer values and early leavers)• “club scheme” means a registered pension scheme which—(a) (except where it is established and maintained in the Channel Islands or the Isle of Man) is a registered scheme;(b) provides benefits calculated by reference to final pay;(c) is open to new participants, or is a closed scheme the trustees or managers of which also provide an open scheme which is a club scheme for new employees of the same employer and of the same grade or level of post as the participants in the closed scheme; and(d) complies with reciprocal arrangements for the payment and receipt of transfer values with the schemes made under Article 9 of the Order of 1972.
74Application of Chapter 4, etc.#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Regulation 18 (termination of pensionable service in certain circumstances to be disregarded) of those Regulations only applies if, in any case, no election has been made under regulation 12(1) (re-employed and rejoining deferred members) or 13 (concurrent employments) to have the service which terminated aggregated with later or concurrent service or no election has been made under regulation 41(4) (rights to return of contributions).
(7)For this regulation and regulation 75 (rights to payment out of the fund)—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of the 1993 Act, the managers of the Scheme in relation to a member are the Committee.
75Rights to payment out of the fund#
(1)A member may apply for a transfer under Chapter 4 or 5 (as modified by regulation 74 (application of Chapter 4, etc.)) and where he does so the amount of any transfer payment (as defined in regulation 77(4)(a) (bulk transfers (transfer of undertakings), etc.) due in respect of the member under the relevant Chapter may only be paid by the Committee from the fund or admission agreement fund if it is a recognised transfer (within the meaning of section 169 of the Finance Act 2004).
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
76Contracting-out requirements affecting transfers out#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In the case of a person who is a member on 31st March 2009, and to whom paragraph (1) applies before 31st March 2010, that paragraph applies as if “ the age of 50” were substituted for “the age of 55”.
(3)Where the amount mentioned in paragraph (1)(a) is deducted, the Committee must use that amount to pay the premium.
(4)Where the amount mentioned in paragraph (1)(b) is deducted, the Committee may use the amount in preserving the liability mentioned in that paragraph in the fund or admission agreement fund, unless the member wishes a transfer payment in respect of it to be paid to the trustees or managers of a non-contracted-out registered pension scheme.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
77Bulk transfers (transfer of undertakings), etc.#
(1)Before the end of each review period, the Secretary of State must—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 F4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(2)The Committee must not give its agreement under paragraph (1)(b) unless it is satisfied that the rights that each of the members will acquire under the new scheme are at least equivalent to those which he would have obtained if the transfer value had been paid to the same scheme under Chapter 4 or 5, as it applies by virtue of regulation 74 (application of Chapter 4, etc.) (assuming in any case where the member would not be entitled to such a payment that he was).
(3)The Committee must provide each member with sufficient information in writing to check that the requirement of paragraph (2) is satisfied before he agrees as mentioned in paragraph (1)(c).
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(6)Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.
(7)Paragraph (6) overrides anything to the contrary in—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
that a payment should be made under this regulation; and
78Calculation of amount of transfer payment under regulation 77#
(1)The amount of the transfer payment to be paid under regulation 77 (bulk transfers (transfer of undertakings), etc.) is the amount determined by an actuary appointed by the Committee to be equal to the value at the date the members join the new scheme—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
79Inward transfers of pension rights#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)But the relevant transferor for the rights specified in paragraph (3) is the trustees or managers of the scheme, or the insurance company, to which a payment in respect of his accrued rights has been made.
(6)In the case of a person who is an active member on 31st March 2009, and who makes an election before 1st April 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55”.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Where a request under paragraph (1) is duly made the Committee may accept the transfer value and credit it to the fund or admission agreement fund.
80Right to count credited period#
(1)Where the transfer value has been accepted under regulation 79 (inward transfers of pension rights), the member may count the credited period as a period of membership for these Regulations and the Benefits Regulations.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)is paid by the trustees or managers of a club scheme and the member has made the request under regulation 79 before the expiry of 12 months beginning with the date he became an active member;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
(i)section 33 of the Criminal Justice Act 1925 note and Schedule 3 to the Magistrates' Courts Act 1980 note,
(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 note,
(3)The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
(4)In calculating the credited period under paragraph (3) due allowance must be given for the expected increase in the member’s pensionable pay between the date he became a member (or, if more than 12 months later, the date on which the transfer value is received) and his normal retirement age.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(a)is provided with information that is to be treated as confidential in accordance with paragraph (1), or
(b)assess the extent to which those objectives are achieved; and
the credited period is the period which, if used to calculate a transfer value to be paid by the Scheme, would produce an amount equal to the transfer value received.
81Community scheme transferees#
(1)The persons mentioned in paragraph (2) are entitled to such rights under the Scheme as are specified in guidance issued by the Government Actuary.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
Part 10 · Pension sharing
Preliminary provisions
Sharing of rights under the scheme
83Interpretation#
References in this Part to a pension credit member are to that person in relation to his pension credit rights and not in relation to any other rights he may have under the Scheme.
84Discharge of liability for pension credit rights#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved; and
85Aggregation#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
86Death of a person entitled to a pension credit before discharge#
(1)Where a person entitled to a pension credit dies before liability in respect of his pension credit has been discharged in accordance with regulation 84(1) (discharge of liability for pension credit rights), such liability shall be discharged by the Committee by payment of a lump sum.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
87Safeguarded rights#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
88Valuation date#
For the purposes of—
(a)set out the objectives intended to be achieved by these Regulations;
(b)regulation 84(3) and (4) (discharge of liability for pension credit rights),
the valuation date shall be the first day of the implementation period as defined in Article 31(1) of that Order.
Pension credit members and pension credit
89Application of the Regulations to pension credit members#
Part 1 (preliminary), regulations 46 (interest on late payment of certain benefits), 47 (payments due in respect of deceased persons) and 48 (non-assignability) and Parts 6 (determination of questions and disputes) and 7 (policy statements and information) apply to a pension credit member.
90Calculation#
(1)The annual rate of the pension at normal benefit age shall be the pension calculated as referred to in regulation 84(4) (discharge of liability for pension credit rights), increased in accordance with the Pensions (Increase) Act (Northern Ireland) 1971 and, if applicable, the Pensions Increase (Northern Ireland) Order 1974 from the day on which the pension sharing order takes effect.
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
91Payment of benefits#
(1)Before the end of each review period, the Secretary of State must—
(2)In carrying out the review the Secretary of State must, so far as reasonable, have regard to how Regulation 648/2004 is implemented in other Member States.
(3)The report must in particular—
(4)In this regulation “review period” means the period of five years beginning with 30th June 2013, and, subject to paragraph (5), each successive period of five years.
(5)If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Transfers
Schedule 1 · Interpretation
Schedule 2 · Matters to be included in admission agreements with ... admission bodies
(1)
(2)
(2A)
(3)
(4)
(5)
(6)
(7)
(8)
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(9)
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(10)
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(c)in regulation 7(5)—
(11)
(12)In relation to a transferee admission body under regulation 5(2)(a)—
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(c)in regulation 7(5)—
(d)provision that where a representation or notification must be given to the Committee under paragraph 5, 6, 7 or 8, it must also be given to the employing authority; and
(e)
Schedule 3 · The committee
Part 1 · Constitution of the committee
(1)
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(c)in regulation 7(5)—
(d)in regulation 8(1)(e) for “21” substitute “ 18 ”.
(2)
(1)Subject to the provisions of sub-paragraph (2) and paragraph 5, the term of office of a member of the Committee shall be 4 years from the date of his appointment.
(2)The wine must come from a batch of wine—
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Part 2 · Powers of the committee
(10)The Committee, which shall be a body corporate with perpetual succession and a common seal, and with the capacity to acquire and hold land, shall subject to paragraphs 2 to 8, perform such functions as may be assigned to it by these Regulations, the Benefits Regulations and the Transitional Regulations.
(11)
(12)The number of members of a sub-committee appointed under paragraph 11 and their term of office shall be fixed by the Committee or, in the case of an officer, his term of office shall be fixed by the Committee.
(13)A sub-committee appointed under paragraph 11 shall consist of members of the Committee and may include officers of the Committee appointed under paragraphs 20 and 21.
(14)A sub-committee or an officer appointed under paragraph 11 shall report to the Committee at each of its meetings setting out all actions taken under such appointment.
(15)The Committee may revoke any appointment made under paragraph 11, or any restriction or condition imposed under paragraph 11 or anything fixed under paragraph 12.
(16)
(17)
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(18)Every document purporting to be an instrument issued by the Committee and to be sealed with the seal of the Committee authenticated in the manner provided by paragraph 17, or to be signed by the secretary or any person authorised to act in that behalf, shall be received in evidence and, unless the contrary is proved, shall be deemed to be such instrument without further proof.
(19)
(20)The Committee may with the approval of the Department appoint persons to hold any of the following offices –• Secretary to the Committee;• Deputy Secretary to the Committee; and• such other offices under the Committee as the Department may designate in writing.
(21)In addition to the appointments mentioned in paragraph 20, the Committee may appoint such other officers as may be required for the performance of the functions of the Committee.
(22)
(1)A conformity assessment body must be established in Great Britain and have legal personality.
(2)The wine must come from a batch of wine—
(23)Section 18(2) of the Interpretation Act (Northern Ireland) 1954 shall apply to any appointment made by virtue of paragraph 20 or 21 as if each of these paragraphs was an enactment referred to in that section but a person shall not be removed from any office mentioned in paragraph 20 without the written concurrence of the Department.
Part 3 · Expenses and allowances payable by the committee
(24)
(25)The Committee may, with the approval of the Department, in addition to any payment made under paragraph 24, pay to the Chairman of the Committee such allowance as it considers to be reasonable.
(26)
(1)The Committee may, with the approval of the Department, pay to a member of the Committee an allowance, in addition to any payments made under paragraph 24.
(2)The wine must come from a batch of wine—
(3)The relevant authority must comply with section 19(5) of the Act as if the reference to the local planning authority (in whatever terms) were a reference to the relevant authority and as if the reference to each document were a reference to the local plan.
(4)Where the Secretary of State prepares a local plan under section 27 of the Act if the local planning authority in question is a London borough council, the Secretary of State must request the opinion of the Mayor of London as to the general conformity of the local plan with the London spatial development strategy.
(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;
(27)
(28)
Schedule 4 · Councillor members
Membership
(1)
(2)
Additional voluntary contributions and shared cost AVC schemes
(3)
(4)
Members’ contributions
(5)
Transfers
(6)
(7)
Contains public sector information licensed under the Open Government Licence v3.0.