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Statutory Rules of Northern Ireland

2007 No. 479

Local government

Local Government Pension Scheme (Amendment No. 4) Regulations (Northern Ireland) 2007

Made

20th November 2007

Coming into operation

1st January 2008

The Department of the Environment, in exercise of the powers conferred by Articles 9 and 14 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972(1) and now vested in it(2).

In accordance with Article 9 of that Order the Department has consulted with the Northern Ireland Local Government Association, the Northern Ireland Local Government Officers’ Superannuation Committee and such representatives of other persons likely to be affected by the Regulations as it appeared to it to be appropriate:

Citation, commencement and retrospection

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment No. 4) Regulations (Northern Ireland) 2007 and shall come into operation on 1st January 2008 except as provided for in paragraph (2).

(2) Regulation 3 shall have effect from 1st October 2007.

Amendment of Regulations

2.  Schedule 6 (The Committee) of the Local Government Pension Scheme Regulations (Northern Ireland) 2002(3) shall be amended in accordance with regulation 3.

3.  In Part III (Expenses and Allowances Payable by the Committee)—

(a)for paragraph 26 substitute—

26.(1) The Committee may, with the approval of the Department, pay to a member of the Committee an allowance, in addition to any payments made under paragraph 24.

(2) Such allowance shall not exceed the amount as the Department may from time to time determine under section 36 of the Local Government Act (Northern Ireland) 1972(4).

(3) The allowance shall be claimed in respect of an approved duty by a Committee member.

(4) A claim shall be made to the Secretary to the Committee in such form as the Committee may direct and shall include a declaration that the member—

(a)has not and will not make any claim for allowances from any other body in respect of the approved duty to which the claim refers; and

(b)the amounts claimed are strictly in accordance with the provisions of this Part.;

(b)delete paragraph 27;

(c)in paragraph 28 delete the word “attendance”; and

(d)in paragraph 29 delete the definition of “attendance allowance”.

Revocation

4.  The Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2007(5) are revoked.

Sealed with the Official Seal of the Department of the Environment on 20th November 2007.

Legal seal

J Ritchie

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations (Northern Ireland) 2002 to make provision for the payment of an allowance to Committee members of the Northern Ireland Local Government Officers’ Superannuation Committee (NILGOSC), consequent on the abolition of attendance allowance payable to councillors under section 36 of the Local Government Act (Northern Ireland) 1972.

Article 14 of the Superannuation (Northern Ireland) Order 1972 confers express powers to make regulations retrospective in effect. These Regulations are retrospective, however no one will be adversely affected by them.

(1)

S.I. 1972/1073 (N.I. 10); Art. 9 was amended by Art. 34 S.I. 2005/1968 (N.I. 18); Art. 14 was amended by Art. 12 S.I. 1990/1509 (N.I. 13).

(2)

S.R. & O. (N.I.) 1973 No 504 Article 7(1); S.I. 1976/424 (N.I. 6).

(3)

S.R. 2002 No. 352; relevant amending Regulations are S.R. 2006 No. 112.

(4)

1972 c.9 (N.I.) as amended by the Financial Provisions (Northern Ireland) Order 1978 (S.I. 1978/1041 (N.I.)) and S.R. 1999 No. 449.