The London Government Reorganisation (Pensions etc.) Order 1989

Article 2

SCHEDULE 1 LONDON PENSIONS FUND AUTHORITY

1.—(1) The Authority shall consist of not less than 7 and not more than 11 members appointed by the Secretary of State, and at least half of the members excluding the chairman shall be appointed following consultations with such representatives of local government in London as appear to the Secretary of State to be appropriate.

(2) The Secretary of State shall appoint a chairman and may appoint a deputy chairman of the Authority.

2.  The following provisions of Schedule 13 to the 1985 Act shall have effect as if references to a residuary body included references to the authority—

(a) Paragraph 1 (status)

(b) Paragraph 2 (tenure of office of members)

(c) Paragraph 3 (remuneration etc. of members)

(d) Paragraph 4 (House of Commons disqualification)

(e) Paragraph 5 (proceedings)

(f) Paragraph 10 (reports and information)

(g) Paragraphs 12, 13(g), 13(h), 13(i), 14(a) and (b) and 16 (application of local government provisions).

3.—(1) The application of the Authority’s seal shall be authenticated by the signature of the Chairman or of a member or officer of the Authority authorised either generally or specially by the Authority for that purpose.

(2) Any document purporting to be a document duly executed under the seal of the Authority shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

4.  Without prejudice to any powers of the Authority to acquire or to dispose of land as an investment of the superannuation fund, the Authority may—

(a) acquire by agreement any land required by it for carrying out its functions; or

(b) subject to any directions given to it by the Secretary of State, dispose of any land held by it in such manner as it wishes.

5.  Subject as mentioned below, the following provisions of the Local Government Act 1972 shall have effect as if references to a joint authority included references to the Authority—

(a) section 101(1)(a) (arrangements for discharge of functions);

(b) section 151 (financial administration);

(c) section 228(2) and (3) (inspection of documents);

(d) section 234 (authentication of documents); and

(e) paragraph 22(1) and (3) of Schedule 13 (borrowing and funds)(1), but not insofar as it applies to paragraphs 1(a), 2(1)(b) to (e), 5, 6, 8, 9, 12 to 15 and 18 of that Schedule.

6.  The following provisions shall have effect as if references to a joint authority included references to the Authority—

(a) section 1(4) of the Local Authorities (Goods and Services) Act 1970(2);

(b) section 25(1)(c) of the Local Government Act 1974(3);

(c) regulation 1(3) of the Local Authority (Mortgages) Regulations 1974(4);

(d) section 71(1)(j) of the Local Government, Planning and Land Act 1980(5); and

(e) sections 6(2) and 9(1)(a) of the Local Government Act 1986(6).

7.—(1) Section 78(1), (2) and (3) of the 1985 Act shall have effect as if references to a residuary body included references to the Authority.

(2) The Secretary of State may give directions to the Authority requiring it—

(a) to keep accounts in respect of such matters and records relating to them as may be specified in the direction;

(b) to comply with such methods and principles as may be so specified with respect to any accounts or records kept by them;

(c) to make such provision as he may specify for the exercise of any rights of public inspection; and

(d) to take such steps as he may specify to inform the public of any such rights as are referred to in sub-paragraph (c);and it shall be the duty of the Authority to comply with any such directions.

(3) Subject to sub-paragraph (4) below, section 79 of the 1985 Act shall have effect as if references to a residuary body included references to the Authority.

(4) Notwithstanding sub-section (2) of section 79 of the 1985 Act, section 22(2) of the Local Government Finance Act 1982(7) (power of Secretary of State to direct extraordinary audit) shall apply in relation to the Authority and its accounts.

8.  The Public Bodies (Admission to Meetings) Act 1960(8) shall not apply to the Authority.

Article 3

SCHEDULE 2 FUNCTIONS, PROPERTY, RIGHTS AND LIABILITIES TRANSFERRED

1.  Subject to paragraph 4, the functions, property, rights and liabilities which are transferred by article 3 are—

(a) the functions of the Residuary Body as an administering authority under the 1986 Regulations, together with the superannuation fund maintained by the Residuary Body and all property, rights and liabilities in respect of it;

(b) the rights and liabilities of the Residuary Body in respect of benefits payable by it under Part L of those Regulations;

(c) the functions, property, rights and liabilities of the Residuary Body in respect of pensions payable by it otherwise than under those Regulations;

(d) without prejudice to the foregoing, the functions, rights and liabilities which are vested in or fall to be discharged by the Residuary Body under or by virtue of section 61 of the 1985 Act (payment of pensions increases); and

(e) any monies or other property held or used by the Residuary Body exclusively for or in connection with the matters referred to in sub-paragraph (d) above.

2.  For the purposes of paragraph (1) “property” includes land held as an investment of the superannuation fund and land acquired by the Residuary Body after 1st September 1989 exclusively for the purposes of carrying out its functions in relation to the superannuation fund, but excludes any other land.

3.  In paragraph 1(c), references to pensions include references to allowances, grants or other benefits in respect of past service, death, injury or disease (whether of the pensioner or another person) but do not include—

(a) compensation under regulations made under section 24 of the Superannuation Act 1972(9);

(b) any other compensation as is mentioned in section 8(1)(b) of the Pensions (Increase) Act 1971; or

(c) any compensation payable by the Residuary Body under the London Government Reorganisation (Staff Compensation) Order 1988(10).

4.—(1) The rights and liabilities of the Residuary Body in respect of benefits payable by it under Part L of the 1986 Regulations arising in relation to an employment with the Residuary Body shall not transfer under article 3.

(2) There shall not transfer under article 3 any matter mentioned in paragraph 1(d) (payment of pension increases) in cases where the payment of the relevant pension remains the function of the Residuary Body.

(3) There shall not transfer under article 3 any obligation relating to the Residuary Body’s members arising under paragraph 3 of Schedule 13 to the 1985 Act.

(4) There shall not transfer under article 3 any matter relating to the making of payments under a scheme made pursuant to section 59(3) of the 1985 Act.

(1)

Paragraph 22(1) was amended, and 22(3) inserted, by the Local Government Act 1985, section 70.

(2)

1970 c. 39.

(3)

1974 c. 7.

(4)

S.I. 1974/518, amended by S.I. 1986/282.

(5)

1980 c. 65.

(6)

1986 c. 10.

(7)

1982 c. 32.

(8)

1960 c. 67.

(9)

1972 c. 11.

(10)

S.I. 1988/1542.