Statutory Instruments

1996 No. 1241 (S.123)

LOCAL GOVERNMENT, SCOTLAND

PENSIONS

The Local Government (Superannuation and Compensation for Premature Retirement) (Scotland) Amendment Regulations 1996

Made

7th May 1996

Laid before Parliament

8th May 1996

Coming into force

31st May 1996

The Secretary of State, in exercise of the powers conferred on him by sections 7, 12 and 24 of the Superannuation Act 1972(1) and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate in accordance with section 7(5) of that Act, and not having considered consultation with any individual local authority desirable, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Local Government (Superannuation and Compensation for Premature Retirement) (Scotland) Amendment Regulations 1996 and shall come into force on 31st May 1996, but shall have effect from 1st April 1996.

Amendment of the Local Government Superannuation (Scotland) Regulations 1987

2. The Local Government Superannuation (Scotland) Regulations 1987(2) shall be amended-�

(a)in regulation C1 (appropriate superannuation fund) by inserting at the end of the Table set out in paragraph (3A) the following:-

"Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board

Falkirk Council";

(b)in Part I of Schedule 3 (pensionable employees) by inserting at the end the following paragraph-�

"9. An area tourist board established by virtue of an order made or, as the case may be, approved under section 172, 173 or 174 of the Local Government etc. (Scotland) Act 1994(3).".

Amendment of the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979

3. Schedule 1 to the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979(4) (employing authorities who may credit certain pensionable employees with an additional period of service) shall be amended by inserting at the end the following paragraph:-�

"(r)an area tourist board established by virtue of an order made or, as the case may be, approved under section 172, 173 or 174 of the Local Government etc. (Scotland) Act 1994.".

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew's House,

Edinburgh

7th May 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government Superannuation (Scotland) Regulations 1987 ("the 1987 Regulations") and the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979 ("the 1979 Regulations") to take account of the establishment of new area tourist boards under the Local Government etc. (Scotland) Act 1994. The Regulations have retrospective effect from 1st April 1996, as authorised by sections 12(1) and 24(3)(c) of the Superannuation Act 1972.

The 1987 Regulations are amended, firstly, to include area tourist boards in the list of scheduled bodies whose full-time staff are pensionable employees and, secondly, to provide that in the case of Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board the appropriate superannuation fund is that administered by Falkirk Council. (For all other boards the appropriate fund is determined under the general rule provided in regulation C1(5)(b)). The 1979 Regulations are also amended to include area tourist boards in the list of employing authorities who may credit certain pensionable employees with an additional period of service.

(1)

1972 c. 11; section 7(3) was extended by the Pensions (Increase) Act 1974 (c. 9), section 2(2).

(2)

S.I. 1987/1850, to which a relevant amendment has been made by S.I. 1995/3294.

(3)

1994 c. 39.

(4)

S.I. 1979/785, to which relevant amendments have been made by S.I. 1982/917, 1986/409, 1990/125, 1992/1597, 1993/490, 1994/1715 and 1995/750 and 3294.