Appeals by administering authorities
77.—(1) This regulation applies where a Scheme employer—
(a)has decided, or failed to decide, any question falling to be decided by that employer under regulation 70 (first instance decisions) (otherwise than in the exercise of a discretion); and
(b)is not an administering authority.
(2) The administering authority maintaining the pension fund to which the employing authority pays contributions may appeal to the Scottish Ministers to decide the question.
(3) Such an appeal must be made by notice in writing given before the end of—
(a)the period of six months beginning with the relevant date; or
(b)such longer period as the Scottish Ministers consider reasonable.
(4) The relevant date is—
(a)in the case of an appeal relating to a decision notified under regulation 71(1), the date of the notification of the decision; and
(b)in the case of an appeal relating to a failure to decide any question, the date of that failure.
(5) For the purposes of paragraph (4)(b), a Scheme employer is to be taken to have failed to decide a question at the expiry of the period of three months beginning with the date on which the administering authority have requested a decision in writing.
(6) The Scottish Ministers must issue their decision on the appeal by notice in writing to the appellant and to any other person appearing to them to be affected by it.
(7) Paragraph (8) applies where any other person—
(a)has made an application under regulation 72 (applications to resolve disagreements) or 74 (reference of disagreement for reconsideration by Scottish Ministers) which has not been determined in respect of any of the matters which are the subject of an appeal under this regulation; or
(b)makes such an application—
(i)at the same time as such an appeal is made; or
(ii)after such an appeal is made and before it is determined.
(8) The appeal must be listed—
(a)pending notification of a decision under regulation 73 (notice of decisions on disagreements) or 75 (notice of decision on reconsideration of disagreement); or
(b)until the application is withdrawn.