Joint Committee on Statutory Instruments Thirtieth Report


APPENDIX III

Memorandum by the Scottish Office Pensions Agency

LOCAL GOVERNMENT PENSION SCHEME (SCOTLAND) REGULATIONS 1998 (S.I. 1998/366)

This Memorandum is submitted by the Scottish Office Pensions Agency to the Joint Committee on Statutory Instruments in response to their letter dated 1 April 1998 in which they raised the following points:-

  (a) Regulation 18(2)(a) disapplies regulation 18(1)(general qualification for benefits) in the case of ill-health grants "under regulation 27(3)". Should this not be a reference to regulation 26(3)?

The Agency acknowledges that this is the case and undertakes to correct the reference when the Regulations are first amended. In the meantime, it is considered that, when read in context and particularly given the parenthetical description of the provision to which reference is being made and the other similar references made elsewhere in the Regulations, there can be little doubt that the provision referred to is meant to be regulation 26(3), rather than regulation 27(3).

  (b) In regulation 70(6), explain the reference to "the sum received as mentioned in regulation 63" and why in framing this provision no account was taken of the Committee's comments on the equivalent provision for England and Wales (regulation 71(6) of SI 1997/1612: see paragraph 3 of the Tenth Report for the present Session).

As the Department of the Environment, Transport and the Regions explained in its Memorandum on the equivalent provision in the English Regulations, the intention is that the investment and use provisions in regulation 63, which apply to the part of the AVCs not set aside for death benefits, should continue to apply to the transferred sum, just as they did before the transfer. On this understanding the words "as mentioned in regulation 63" qualify the earlier words "must apply and invest" rather than the immediately preceding words "sum received". This interpretation is consistent with the later reference to additional contributions "falling to be so invested under that regulation". The Agency accepts, however, that the drafting may not put the matter beyond all doubt and proposes to adopt the amendment suggested by the Committee in relation to the equivalent English provision when the Regulations are first amended.

As regards the Committee's comments on the English provision, the Agency very much regrets that it was unaware of these when the Regulations were made.

(c) Regulations 134(4)(e) and (f) contain references to "the Environment Protection Act 1995". Should not these be references to the "Environment Act 1995"?

The Agency acknowledges that this is the case and undertakes to make the appropriate corrections when the Regulations are first amended. In the meantime, since regulation 133(2)(b)(ii) cites the 1995 Act correctly and there is no other Act passed in that year with the word "Environment" in the title, it is thought that users of the Regulations will have little difficulty in practice in identifying the Act to which reference is intended.

2nd April 1998


 
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