{
  "url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-5",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-5.json",
  "legislation": "ssi/2008/228",
  "legislation_title": "The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Employees of non-Scheme employers: transferee admission bodies",
  "text": "(1) Subject to the requirements of this regulation and regulation 6 (admission agreements further provisions), an administering authority may make an admission agreement with any transferee admission body.\n(2) A transferee admission body is a body, other than a community admission body, that is providing or will provide–\n(a) a service or assets in connection with the exercise of a function of a Scheme employer as a result of–\n(i) the transfer of the service or assets by means of a contract or other arrangement; or\n(ii) guidance provided under section 2 of the Local Government in Scotland Act 2003 (requiring a local authority to have regard to guidance provided by the Scottish Ministers on performance of its duties) or a statement of findings under section 3 of that Act (which allows Audit Scotland to take certain actions following a report on a local authority by the Controller of Audit); or\n(b) a public service and which is approved by the Scottish Ministers for the purposes of admission to the Scheme.\n(3) In the case of an admission agreement with a transferee admission body referred to in paragraph (2)(a) the Scheme employer, if it is not also the administering authority, must be a party to the admission agreement.\n(4) An approval under paragraph (2)(b) may be subject to such conditions as the Scottish Ministers think fit and they may withdraw an approval at any time if such conditions are not met.\n(5) An admission agreement with a transferee admission body shall require–\n(a) that in the case of a body under–\n(i) paragraph (2)(a), the Scheme employer; or\n(ii) paragraph (2)(b), the transferee admission body, to the satisfaction of the administering authority,\nshall carry out an assessment, taking account of actuarial advice, of the level of risk arising on premature termination of the provision of the service or assets by reason of the insolvency, winding up or liquidation of the transferee body; and\n(b) that, where the level of risk identified by the assessment is such as to require it, the transferee admission body shall enter into an indemnity or bond to meet the level of risk identified.\n(6) The indemnity or bond must be with–\n(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits or to effect and carry out contracts of general insurance;\n(b) an EEA firm of the kind mentioned in paragraph (5)(b) and (d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits or to effect and carry out contracts of general insurance; or\n(c) a person who does not require permission under that Act to accept deposits, by way of business, in the United Kingdom.\n(7) An admission agreement with a transferee admission body shall make provision for the relevant matters set out in Schedule 3.\n(8) This paragraph applies where a transferee admission body undertakes to meet the relevant requirements of this regulation and–\n(a) in the case of a body under paragraph (2)(a), the Scheme employer undertakes to meet the relevant requirements of this regulation; or\n(b) in the case of a body under paragraph (2)(b), the Scottish Ministers approve the body for admission to the Scheme and the conditions, if any, to which the approval is subject have been met.\n(9) Where paragraph (8) applies–\n(a) an administering authority must admit to the Scheme the eligible employees of the transferee admission body specified by the body; and\n(b) where it does so, the terms on which it does so are the admission agreement for the purposes of these Regulations.\n(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(1) (admission agreements – further provisions), members of the Scheme.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 1.4.2009, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2003 asp 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2000 c. 8."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ssi/2012/347",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2012/347",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2012/347",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2012/347",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2012/347",
      "affecting_title": "The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2012"
    },
    {
      "type": "coming into force",
      "affecting": "ssi/2008/228",
      "affecting_title": "The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/228/regulation/5",
    "retrieved_at": "2026-11-10T03:32:50.357537+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}