The Teachers' Pensions (Amendment) Regulations 2000

Amendment of Principal Regulations

5.  After regulation B3 there shall be inserted the following regulation–

“B3A.— (1) Subject to paragraph (6), a function provider is accepted if the Secretary of State has accepted it for the purposes of this regulation.

(2) A function provider may only be accepted if it has made a written application to the Secretary of State.

(3) A function provider may only be accepted where there is in force a guarantee, indemnity or bond in a form and amount and provided by a person approved by the Secretary of State which provides for payment to the Secretary of State of all liabilities of the function provider under these Regulations or under the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994(1) should the function provider fail to meet them.

(4) No function provider need be accepted, but if it is accepted its acceptance takes effect as from such date as may be agreed between the function provider and the Secretary of State.

(5) A function provider which has been accepted will cease to be so from such date as the Secretary of State may specify in a written notice given to it by him.

(6) Such notice may be given if–

(a) the guarantee, indemnity or bond referred to in paragraph (3) ceases to be in force,

(b) in respect of the function provider–

(i) a proposal for a voluntary arrangement has been made or approved under Part 1 of the 1986 Act,

(ii) a petition for an administration order has been presented, or an administration order made under Part II of the 1986 Act,

(iii) a receiver, manager, or administrative receiver has been appointed under Part III of the 1986 Act,

(iv) a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part IV or Part V of the 1986 Act, or

(v) notice has been received by it that it may be struck off the register of companies or an application to strike it off has been made under Part XX of the 1985 Act, or

(c) the function provider has–

(i) made a written application to the Secretary of State for it to cease to be accepted,

(ii) failed to pay or remit contributions (whether under these Regulations or under the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994(2)) to the Secretary of State, or

(iii) failed to comply with regulation H3 (records and information) or any other provision of these Regulations relating to pensionable employment.

(7) The function provider shall inform the Secretary of State immediately upon the occurrence of any of the events referred to in paragraph (6)(b).

(8) A function provider which performs functions on behalf of more than one local education authority or on behalf of the same authority under separate contracts may only be accepted by the Secretary of State for the purposes of this regulation in relation to each such authority and contract separately and the foregoing provisions of this regulation shall apply accordingly.”.

(1)

S.I. 1994/2924.

(2)

S.I. 1994/2924.