Explanatory note

These Regulations amend the Local Government Pension Scheme Regulations 1997 (“the principal Regulations”) which comprise the Local Government Pension Scheme (“the Scheme”). Some of the regulations take effect on various dates before the Regulations come into force (as set out in regulation 1((2)). Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.

Certain regulations add new bodies as resolution bodies or Scheme employers. The new resolution bodies, added by regulation 3, are the Greater London Magistrates' Courts Authority and the Children and Family Court Advisory and Support Service. The new Scheme employers, added by regulation 17, are the National College for School Leadership, the Standards Board for England and city academies.

Regulation 4 amends regulation 9 of the principal Regulations (periods of membership) to ensure that periods of membership before and after unpaid periods of maternity absence or parental leave are treated as continuous.

Regulations 5, 6, 7 and 9 make amendments to regulations 17, 18, 21 and 79 respectively of the principal Regulations to ensure that periods of unpaid statutory ordinary maternity leave are treated as periods of membership.

Regulation 8 amends regulation 53 of the principal Regulations (power of employing authority to increase total membership of new members) to provide that a member who leaves employment with an admission body is entitled to count the additional period of membership even where he does not immediately become entitled to a pension on leaving the employment.

Regulation 10 corrects a numbering error in an earlier amendment to the principal Regulations.

Regulations 11 to 14 make amendments consequential upon the reorganisation of the magistrates' courts committees and the creation of the Greater London Magistrates' Courts Authority effected by the Access to Justice Act 1999.

Regulation 15 is in connection with employees of National Probation Service local boards. It substitutes a new regulation for regulation 136 of the principal Regulations to reflect changes in the structure of the probation service effected by the Criminal Justice and Court Services Act 2000.

Regulation 16 amends Schedule 1 to the principal Regulations (interpretation) and makes amendments consequential on the changes referred to above.

Regulation 17 makes some consequential amendments to Schedule 2 to the principal Regulations (Scheme employers) and adds the names of the new Scheme employers referred to above.

Regulation 18 amends Schedule 5 to the principal Regulations (Appropriate funds) which sets out which fund is the appropriate fund for various bodies participating in the Scheme.