Regulation 4(2) and (3)

SCHEDULE 2 SCHEME EMPLOYERS

PART 1

1.  The Commission for Local Administration in England.

2.  In England, a county council, a district council, a London borough council or the Common Council of the City of London.

3.  In Wales, a county council or a county borough council.

4.  A joint board, body or committee appointed under any Act or statutory order or statutory scheme, of which all the constituent authorities are councils of a description in paragraph 2 or 3 or a combination of such councils.

5.  A fire and rescue authority within the meaning of the Fire and Rescue Services Act 2004(78).

6.  A police authority within the meaning of the Police Act 1996(79).

7.  A probation trust established under section 5 of the Offender Management Act 2007(80).) or a National Probation Service local board

8.  The Chichester Harbour Conservancy.

9.  The Lee Valley Regional Park Authority.

10.  A passenger transport authority.

11.  The Broads Authority.

12.  A further education corporation.

13.  A higher education corporation.

14.  The London Pensions Fund Authority.

15.  The South Yorkshire Pensions Authority.

16.  The Environment Agency.

17.  A National Park Authority established under Part 3 of the Environment Act 1995(81).

18.  An Education Action Forum within the meaning of section 11 of the School Standards and Framework Act 1998(82).

19.  The National College for School Leadership.

20.  The Standards Board for England.

21.  An Academy within the meaning of section 482 of the Education Act 1996(83) or by virtue of section 67 of the Education Act 2002 (conversion of city academies into Academies)(84).

22.  A body set up by a local housing authority in exercise of powers under section 2 of the Local Government Act 2000(85) as a housing management company to exercise management functions of the authority under an agreement approved by the Secretary of State under section 27 of the Housing Act 1985(86).

23.  The Valuation Tribunal Service for England established under section 105 of the Local Government Act 2003(87) and the Valuation Tribunal Service for Wales established under regulation 5 of the Valuation Tribunals (Wales) Regulations 2005(88).

24.  A conservation board established under section 86 of the Countryside and Rights of Way Act 2000(89).

25.  Firebuy Limited established under Section 29 of the Fire and Rescue Services Act 2004.

PART 2

1.  The Board of Governors of the Museum of London;

2.  A body (other than a body listed in Part 1 of this Schedule) which is—

(a) a precepting authority (as defined in section 69 of the Local Government Finance Act 1992(90)),

(b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 (levies)(91), or

(c) a body to which section 75 of that Act (special levies) applies.

3.  A passenger transport executive.

4.  A designated institution which immediately before designation was assisted or maintained by a local education authority.

5.  A company under the control of a body listed in Part 1 of this Schedule where “under the control” has the same meaning as in section 68 or, as the case may be, section 73 of the Local Government and Housing Act 1989(92) (except that any direction given by the Secretary of State must be disregarded, and any references to a local authority treated as references to such a body).

6.  The Public Services Ombudsman for Wales.

7.  The Serious Organised Crime Agency.

8.  Transport for London.

9.  The London Development Agency.

10.  The Metropolitan Police Authority.

11.  The London Transport Users’ Committee.

12.  The Cultural Strategy Group for London.

13.  The Children and Family Court Advisory and Support Service.

14.  An urban development corporation.

Regulation 6(9)

SCHEDULE 3 MATTERS TO BE INCLUDED IN ADMISSION AGREEMENTS WITH TRANSFEREE ADMISSION BODIES

1.  A requirement for the transferee admission body to pay to the administering authority all contributions and payments due under these Regulations and the Benefits Regulations.

2.  If required by regulation 6(7), a reference to the indemnity or bond in accordance with regulation 6(8) and a warranty from the transferee admission body that such an indemnity or bond is in place.

3.  A provision requiring the transferee admission body to adopt the practices and procedures relating to the operation of the Scheme set out in these Regulations, the Benefits Regulations, the Transitional Regulations and in any employer’s guide published by the administering authority and provided to that body.

4.  An undertaking from the transferee admission body to the administering authority that it will not do anything to prejudice the status of the Scheme as a registered scheme.

5.  A representation and warranty from the transferee admission body to the administering authority that all the body’s employees who are members are employed in connection with the provision of a service or assets mentioned in regulation 6(2).

6.  An undertaking from the transferee admission body that it will promptly notify the administering authority in writing of any material change in the terms and conditions of employment which affect entitlement to benefits under the Scheme for its employees who are members and of any terminations of employment by virtue of redundancy or in the interests of efficiency.

7.  A requirement that the transferee admission body notifies the administering authority of each occasion on which it exercises a discretion under these Regulations, the Benefits Regulations or the Transitional Regulations and the manner in which it exercises that discretion.

8.  A requirement that the transferee admission body—

(a) notifies the administering authority of any matter which may affect, or is likely to affect, its participation in the Scheme; and

(b) gives immediate notice to that authority of any actual or proposed change in its status which may give rise to a termination,

and, for these purposes, a termination includes a take-over, reconstruction or amalgamation, liquidation or receivership and a change in the nature of the body’s business or constitution.

9.  A provision—

(a) for automatic termination of the admission agreement, as required by regulation 7(2), if the transferee admission body ceases to be such a body; and

(b) otherwise for a minimum period of three months’ notice to terminate the agreement.

10.  A right for the administering authority to terminate the agreement in the event of—

(a) the insolvency, winding up or liquidation of the transferee admission body;

(b) a breach by that body of any of its obligations under the admission agreement (but where the breach is capable of remedy only where it has not been remedied within a reasonable time); or

(c) a failure by that body to pay any sums due to the fund within a reasonable period after receipt of a notice from the administering authority requiring it to do so.

11.  A requirement that the admission agreement in its final form must be available for public inspection at the offices of the administering authority.

12.  In relation to a transferee admission body under regulation 6(2)(a)—

(a) a reference to the date of the contract, other arrangement or direction by which the body met the requirements of that regulation;

(b) a provision whereby the Scheme employer may set off against any payments due to the body an amount equal to any overdue employer and employee contributions and other payments (including interest payable under these Regulations) due from the body as an employing authority;

(c) a provision requiring the Scheme employer to keep under assessment the level of risk arising as a result of the matters mentioned in regulation 6(5);

(d) provision that where a representation or notification must be given to an administering authority under paragraph 5, 6, 7 or 8, it must also be given to the Scheme employer; and

(e) where the Scheme employer is not also the administering authority, a requirement that the admission agreement in its final form must be available for public inspection at the offices of that employer.

(86)

1985 c.68. A new section 27 was substituted by article 2 of S.I.2003/940. Back [86]

(88)

S.I. 2005/3364. Back [88]