# The Local Government Superannuation (Scotland) Regulations 1987, Regulation N8: Appeals


(1) Where the body concerned have either decided or failed to decide any such question as is mentioned in regulation N1 and written notice of appeal is served on the Secretary of State, the question shall, subject to paragraph (2), be determined by him and his determination of it shall be final.
(2) The Secretary of State shall not under this regulation determine any question that fell to be decided by the body concerned in the exercise of a discretion conferred on them by these Regulations.
(3) Notice of appeal (which may be sent by post) may be served—
(a) by—
(i) an employee of a scheduled body or a person claiming to be treated as such an employee who is dissatisfied with any decision made under these Regulations by the body concerned as to his rights or liabilities or with the body’s failure to make any such decision; or
(ii) a person who has been an employee of a scheduled body, his widow, any dependant or his executors who is or are dissatisfied with any decision made under these Regulations by the body concerned as to his or their rights or with the body’s failure to make any such decision; or
(iii) any other person who is dissatisfied with any decision made by the body concerned as to his rights under Part F or with the body’s failure to make any such decision,
within 3 months from the date on which he was notified of an authority’s decision or 3 months after their failure to make a decision, and or
(b) where the body concerned are not an administering authority, by the administering authority maintaining the superannuation fund to which the body pay employer’s contributions, within the period of 3 months from the date of the employing authority’s decision or their failure to make a decision.
(4) For the purpose of this regulation the body concerned shall be deemed to have failed to have made a decision if, after 3 months from the date on which they receive a written request from a person or administering authority that they decide a question, they have not decided that question.
(5) If the Secretary of State is satisfied that there are reasonable grounds for not serving the notice within the period specified in paragraph (3)(a), it may be extended by such longer period as the Secretary of State may allow.

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Source: https://www.legislation.gov.uk/uksi/1987/1850/regulation/N8 (the official version)
Page: https://openlegislation.uk/local-government-superannuation-scotland-regulations-1987/regulation-N8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.