Joint Committee on Statutory Instruments Second Report


APPENDIX V

Memorandum by the Department of the Environment

LOCAL GOVERNMENT PENSION SCHEME (TRANSFERS FROM THE NATIONAL HEALTH SERVICE PENSION SCHEME FOR ENGLAND AND WALES) REGULATIONS 1997 (S.I. 1997/598)

  1. By a letter its Clerk dated 19 March the Committee has requested the Department to submit a memorandum on the following point:

    In new paragraph 10(3)(b) of Schedule M2 to the principal Regulations inserted by regulation 2, there is a reference to "the requirement of regulation D2(2)(b)". Given that this provision contains no "requirement", explain the reference.

  2. We accept your comment that regulation D2(2)(b) should not be referred to as a "requirement". We apologise for the error in the reference. The provision was added as a result of comments made from interested parties following consultation. It is now come to our attention that the reference in new paragraph 10(3)(b) of Schedule M2 to the principal Regulations should be to the whole of regulation D2(2) and not merely to sub-paragraph (b) of that regulation. We shall amend the statutory instrument at the earliest opportunity to provide that, in respect of any person to whom the new paragraph 10(3) applies, regulation D2(2) of the principal Regulations shall not apply and our drafting will reflect the point made by the Committee. Such transitional provisions as are necessary shall be included.

  3. In the meantime, the Department will notify local authorities and other persons likely to be affected by the Local Government Pension Scheme (Transfers from the National Health Service Pension Scheme for England and Wales) Regulations 1997 of the proposed change.

24th March 1997


 
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