38.—(1) Any question concerning the rights of any person or his eligibility to be considered for any award under Part V shall be decided in the first instance by the relevant LGPS employer, that is to say the LGPS employer which last employed the person in respect of whose employment the question arises; and any question arising under regulation 32(2)(c) as to the identity of the employer to which the person would have been transferred shall be determined by the Department.
(2) A decision by the relevant employer does not bind any other LGPS employer or the Department.
(3) The questions specified in paragraph (1) shall be decided as soon as is reasonably practicable after the occurrence of the last event by virtue of which the award may be payable.
(4) A body which has decided any question under this regulation shall, as soon as is reasonably practicable after doing so, send a written notification of its decision to every person affected by it.
(5) The notification shall include—
(a)the grounds for the decision; and
(b)a conspicuous statement directing the person’s attention to his right under that paragraph to appeal to the county court under regulation 39(1).