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Regulation 3 Employer's functions and changes of fund authority

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

(1)

As from 1st April 1986 every employer's function not already exercised shall become a function of the appropriate residuary body.

(2)

In paragraph (1) “employer's function” means a function under the principal regulations, the 1974 regulations or the former regulations which—

(a)

had become exercisable in relation to a person by the Greater London Council or a metropolitan county council, or would have become so exercisable but for the abolition of the council concerned, and

(b)

had or would have become so exercisable by virtue only of the person's having been at some time before 1st April 1986 an employee of the council concerned and in relation to that employment,

and “appropriate residuary body” has the meaning given in section 57(2) of the Local Government Act 1985.

(3)

Where—

(a)

in consequence of paragraph (1) a discretionary power becomes exercisable by the appropriate residuary body in relation to a person, and

(b)

it was the prevailing practice of the Greater London Council or, as the case may be, the metropolitan county council to exercise that power in a way which was beneficial to employees,

the appropriate residuary body shall exercise the power in a way which is not less beneficial than the general character of that practice.

(4)

For the purposes of regulation Q2 of the principal regulations (change of local government employment and fund authority), where the previous fund authority has ceased to exist the body in whom the relevant superannuation fund is vested by section 60(1) or under section 66 of the Local Government Act 1985 is to be treated as being the previous fund authority.