Explanatory Note
(This note is not part of the Regulations)
These Regulations make amendments to the Local Government Pension Scheme (Scotland) Regulations 1998 (“the 1998 Regulations”) which are necessary as a result of the creation of Careers Scotland and Scottish Water.
Regulation 2 amends the 1998 Regulations in relation to the employees of careers service companies, adult guidance networks, education business partnerships and lifelong learning partnerships who transferred into the employment of Scottish Enterprise and Highlands and Islands Enterprise on 1st April 2002 due to the creation of Careers Scotland. Careers Scotland is a new national careers guidance service. Regulation 2 provides that notwithstanding their transfer, they may be members of the Local Government Pension Scheme and the terms of paragraph 1 of regulation 5 (which restricts eligibility for membership) shall not apply.
Regulation 2 also amends the 1998 Regulations in relation to the former employees of the North of Scotland Water Authority, the East of Scotland Water Authority and the West of Scotland Water Authority who transferred into the employment of Scottish Water on 1st April 2002. The effect of the amendments is to allow continued access to the Local Government Pension Scheme for the former employees of the old Water Authorities who transferred to the new body on that date and to allow access to the Scheme for new employees of the body.
Schedule 2 to the 1998 Regulations is amended to provide for Scottish Water to be added to that Schedule as a Scheme Employer. Schedule 5 to the 1998 Regulations is amended to specify the appropriate fund for former employees of the Water Authorities. It is also amended to specify the appropriate fund for new employees of Scottish Water.
Although the Regulations come into force on 23rd September 2002, the amendments have retrospective effect from 1st April 2002. The Regulations are made under a power in section 7 of the Superannuation Act 1972 and section 12 of that Act provides that regulations made under section 7 may be framed so as to have effect from a date earlier than the making of the regulations.