# The Local Government Pension Scheme (Scotland) Amendment Regulations 2005, Regulation 6: Further restriction on eligibility


In Regulation 5–
(a) for regulation 5(10) substitute–
“(10) A person who is a member and is an employee of a transferee admission body is treated as leaving a local government employment when he ceases to be employed in connection with the provision of the service or assets under regulation 4A(2) as a result of which employment he became eligible to join the Scheme.”; and
(b) after paragraph (5)(10) insert–
“(11) A person may be a member of the Scheme notwithstanding that he is entitled to be a member of the National Health Service Superannuation Scheme for Scotland (the “NHS Scheme”) if–
(a) his entitlement to be a member of the NHS Scheme is by reason of his employment by an NHS Scheme employing authority as a result of a prescribed arrangement under section 15 of The Community Care and Health (Scotland) Act 2002 (delegation etc. between local authorities and NHS bodies);
(b) he is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and an NHS Scheme employing authority; and
(c) he was an active member of the Scheme immediately before his employment by the NHS Scheme employing authority.”.

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Source: https://www.legislation.gov.uk/ssi/2005/293/regulation/6 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-amendment-regulations-2005/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.