Regulation 101 Notice of decisions by appointed persons under regulation 100

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 101(3)(c) word deleted by Local Government Pension Scheme (Miscellaneous) 2001 reg. 16(a)
reg. 101(3)(e) and word added by Local Government Pension Scheme (Miscellaneous) 2001 reg. 16(b)
reg. 101(1) words substituted by Local Government Pension Scheme 2004 reg. 30(b)
reg. 101(3)(d) words omitted by Local Government Pension Scheme 2004 reg. 30(c)
reg. 101(3)(d) words substituted by Local Government Pension Scheme 2004 reg. 30(c)

(1)

A decision on the matters raised by an application under regulation 100 must be issued by the appropriate appointed person—

(a)

to the applicant,

(b)

to the Scheme employer, and

(c)

if the Scheme employer is not the appropriate administering authority, to that authority,

by notice in writing before the expiry of the period of two months beginning with the date the application was received.

(2)

But, if no such notice is issued before the expiry of that period, an interim reply must immediately be sent to those persons, setting out the reasons for the delay and an expected date for issuing the decision.

(3)

A notice under paragraph (1) must include—

(a)

a statement of the decision;

(b)

a reference to any legislation or provisions of the Scheme relied upon;

(c)

in a case where the disagreement relates to the exercise of a discretion, a reference to the provisions of the Scheme conferring the discretion; and

(d)

a reference to the rights of the applicant and the Scheme employer’s right to refer the disagreement for reconsideration by the Secretary of State under regulation 102, specifying the time within which they may do so.