Explanatory note

These Regulations amend the Local Government Pension Scheme (Scotland) Regulations 1998 (“the principal Regulations”) and the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (“the discretionary payments Regulations”).

Part 2 of and the Schedule to these Regulations make provisions to allow local authority councillors to become members of the Local Government Pension Scheme. Councillors' pensions are to be calculated by reference to career average pay, based on remuneration paid to them by the relevant local authority under the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007. The Schedule to the Regulations modifies various provisions of the principal Regulations so that they operate in relation to a pension calculated by reference to career average pay rather than final pay.

Provision is made to allow councillors elected in May 2007 who have held office as councillors during any period between 1st January 1995 and 3rd May 2007 to elect to make additional payments. Councillors who elect to do so will be able to count that earlier period of office as membership under the principal Regulations.

Amendments are made to exclude councillors from eligibility for additional discretionary payments under the discretionary payments Regulations.

The amendments relating to councillors' pensions have been made following consultation with the Scottish Local Authorities Remuneration Committee, amongst others.

Part 3 of these Regulations amends the principal Regulations to add VisitScotland as a Scheme employer. Schedule 5 to the principal Regulations sets out the appropriate fund for each member of the Scheme. Employees of VisitScotland will generally be in the fund administered by the City of Edinburgh Council. Regulation 11 makes provision so that employees of Network Tourist Boards who transfer to VisitScotland remain with the fund which previously administered their pension.