The Local Government Superannuation Regulations 1986

Appeals

N8.—(1) Where the body concerned have either decided or failed to decide any such question as is mentioned in regulation Nl 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) Subject to paragraph (4), 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 must be served as soon as is reasonably practicable and may be sent by post) may be served—

(a) in any case, by any person whose rights or liabilities the question concerns, and

(b) where the body concerned are not an administering authority, by the administering authority maintaining the superannuation fund to which that body pay employer's contributions.

(4) Paragraph (2) does not apply where the appeal relates to a pension (within the meaning of section 12 of the Act of 1972) which is being paid or may become payable to or in respect of a person who ceased to hold his local government employment, or died, before 1st October 1981.