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The Local Government Pension Scheme and Discretionary Compensation (Members of County and County Borough Councils in Wales) Regulations 2004

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Local Government Pension Scheme and Discretionary Compensation (Members of County and County Borough Councils in Wales) Regulations 2004 and shall come into force on 10th June 2004.

(2) These Regulations extend to England and Wales(1).

Amendment of the Local Government Pension Scheme Regulations 1997

2.  The Local Government Pension Scheme Regulations 1997(2) shall be amended in accordance with regulations 3 and 4 of these Regulations.

Interpretation

3.  In Schedule 1, for the definition of “eligible councillor”(3) substitute—

“eligible councillor” means—

(a)

a member of a local authority in England who is entitled to be a member of the Scheme under a scheme made in accordance with the Local Authorities (Members' Allowances) (England) Regulations 2003(4); and

(b)

a member of a county council or county borough council in Wales who is entitled to be a member of the Scheme by virtue of a determination made by his authority under the Local Authorities (Allowances for Members of County and County Borough Councils) (Pensions) (Wales) Regulations 2003(5);.

Meaning of “pay”

4.  In paragraph 4(6) of Schedule 8(7)—

(a)for paragraphs (1) and (2) of regulation 13, substitute—

(1) A councillor member’s pay in any year—

(a)in the case of a councillor member who is a member of a local authority in England, is the total of such of his —

(i)basic allowance, and

(ii)special responsibility allowance

as may be treated as amounts in respect of which pensions under these Regulations are payable as set out in a scheme made in accordance with the Local Authorities (Members' Allowances) (England) Regulations 2003, and

(b)in the case of a councillor member who is a member of a county council or a county borough council in Wales, is his basic allowance and special responsibility allowance.

(2) “Basic allowance” and “special responsibility allowance” have the same meaning as in—

(a)regulations 4 and 5 respectively of the Local Authorities (Members' Allowances) (England) Regulations 2003 in respect of councillor members who are members of a local authority in England; and

(b)regulations 7 and 8 respectively of the Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002(8) in respect of councillor members who are members of a county council or a county borough council in Wales.; and

(b)for paragraph (6) of regulation 13, substitute—

“Year” means the 12 months ending with 31st March save that in respect of the year ending with 31st March 2004, it means the period from 1st May 2003 until 31st March 2004 in respect of councillor members who are members of a local authority in England and in respect of the year ending 31st March 2005, it means the period from 10th June 2004 until 31st March 2005 in respect of councillor members who are members of a county council or a county borough council in Wales..

The Local Government Pension Scheme Regulations 1997, the Local Government (Discretionary Payments) Regulations 1996 and the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000

5.  Subject to the amendments made by these Regulations, the amendments made to the Local Government Pension Scheme Regulations 1997, the Local Government (Discretionary Payments) Regulations 1996(9) and the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000(10) by the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003(11) shall apply in relation to members of county councils and county borough councils in Wales as they apply in relation to members of county councils, district councils and London borough councils in England.

Signed by authority of the Secretary of State

Phil Hope

Paliamentary Under Secretary of State,

Office of the Deputy Prime Minister

25th March 2004

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