{
  "url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997/regulation-9",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997/regulation-9.json",
  "legislation": "uksi/1997/578",
  "legislation_title": "The Local Government Pension Scheme (Amendment) Regulations 1997",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Initial decisions",
  "text": "Regulation J1 of the principal Regulations is amended by inserting after paragraph (2) the following—\n“(2A) Where a relevant LGPS employer are considering whether\n(a) a person who has ceased to hold a local government employment is entitled to a benefit under regulation D7, or\n(b) for the purposes of regulation D11, the appropriate date in relation to a person is to be ascertained under paragraph (2)(b) of that regulation,\nthey shall refer for decision to an independent, duly qualified medical practitioner approved by the appropriate administering authority (if different from the relevant LGPS employer) the following questions—\n(i) whether at the time that employment ceased, in the case of entitlement under regulation D7, or at the date in question, in the case of regulation D11, the person was, on the balance of probabilities, permanently incapable of discharging efficiently the duties of the local government employment he had ceased to hold and, if so,\n(ii) whether the permanent incapacity was by reason of ill-health or infirmity of mind or body.\n(2B) The decision of the independent medical practitioner on the questions referred to him under paragraph (2A) shall be expressed in the form of a certificate.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/578/regulation/9",
    "retrieved_at": "2026-10-29T12:23:29.554448+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."
}