Statutory Rule 2002 No. 115

      Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2002


      © Crown Copyright 2002

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STATUTORY RULES OF NORTHERN IRELAND


2002 No. 115

LOCAL GOVERNMENT

Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2002

  Made 20th March 2002 
  Coming into operation 1st May 2002 

The Department of the Environment in exercise of the powers conferred by Articles 9 and 14 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972[1] and now vested in it[2] and of every other power enabling it in that behalf and after consultation with the Northern Ireland Local Government Association, the Northern Ireland Local Government Officers' Superannuation Committee and such representatives of other persons likely to be affected by the Regulations as appeared to it to be appropriate, hereby makes the following Regulations:

Citation, commencement and retrospection
     1.  - (1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2002 and except as provided in paragraphs (2) and (3) shall come into operation on 1st May 2002.

    (2) Regulations 3 and 4 shall have effect as from 2nd April 2001.

    (3) Regulations 5 and 7 shall have effect as from 1st August 2000.

Amendment of the Local Government Pension Scheme Regulations (Northern Ireland) 2000
    
2. The Local Government Pension Scheme Regulations (Northern Ireland) 2000[3] shall be amended in accordance with regulations 3 to 8.

Agreements to enable employees of non-LGPS employers to be members ("admission agreements")
     3. In paragraphs (7)(d) and (16) of regulation B6[4], for "Schedule A2" insert "Schedule A3"[5].

Matters to be included in an admission agreement in certain cases
     4. Schedule A2 shall be renumbered as Schedule A3.

Referral of decisions under regulation J2(1) to the county court
    
5. In regulation J10 for the words "in the county" there shall be substituted the words "in the county court division" and for the words "counties, in one of those counties" there shall be substituted the words "county court divisions, in one of those divisions".

Accounts, audit and annual report
    
6. For regulation L2 there shall be substituted the following - 

         " L2.  - (1) The Committee shall keep accounts of all financial transactions of the fund.

        (2) The Secretary of the Committee shall prepare the financial statements for the financial year ended 31st March 2002 and subsequent financial years in accordance with paragraph (3) and shall forward three copies of the financial statements duly signed and dated by him to the Department not later than 30th June after the expiration of the financial year to which the financial statements relate.

        (3) The financial statements shall comprise - 

      (a) a Foreword;

      (b) a Statement of the Committee's Responsibilities;

      (c) an Accounting Officer's Statement;

      (d) Fund Account;

      (e) Net Assets Statement; and

    shall contain the information specified in Schedule L2.

        (4) The financial statements shall give a true and fair view of the Fund Account for the financial year, and the Net Assets Statement as at the end of the financial year.

        (5) The financial statements kept by the Committee shall be audited annually by a local government auditor who shall report on the financial statements audited and shall send his report, together with two audited copies of the financial statements duly signed and dated by him, to the Department within 14 days after completion of the audit.

        (6) The Department on receipt of the auditor's report and the audited copies of the financial statements shall send a copy of such report and financial statements to the Secretary of the Committee who shall - 

      (a) lay such copy of such report and financial statements before the next meeting of the Committee; and

      (b) forward a copy of such report and financial statements to each employing authority.

        (7) The local government auditor may require - 

      (a) the production before him of all documents and financial records of the Committee which he thinks necessary for the purpose of the audit;

      (b) any person holding or accountable for any such documents or financial records to appear before him at the audit or any adjournment thereof; and

      (c) any such person to make and sign a declaration as to the correctness of the documents or financial records.

        (8) The Committee shall annually at such time as the Department may direct make to it a report of its proceedings during the preceding year, and the Department shall lay a copy of such report before the Assembly.".

Expenses and allowances payable by the Committee
    
7. In Part III of Schedule L1 for paragraphs 26 to 29 there shall be substituted the following - 

     8. After Schedule L1 there shall be added the following - 





Sealed with the Official Seal of the Department of the Environment on


20th March 2002.

L.S.


Dermot Nesbitt
Minister of the Environment


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Local Government Pension Scheme Regulations (Northern Ireland) 2000 ("the principal Regulations").

Regulations 3 and 4 make minor amendments.

Regulation 5 makes minor amendments to regulation J10 of the principal Regulations in relation to the county court.

Regulation 6 substitutes a new regulation L2 in the principal Regulations and makes provision for the preparation and auditing of the financial statements of the Northern Ireland Local Government Officers' Superannuation Committee ("the Committee").

Regulation 7 amends Part III of Schedule L1 to the principal Regulations in relation to payments by the Committee to its members by substituting the term "attendance allowance" for "financial loss allowance".

Regulation 8 inserts a new Schedule L2 to the principal Regulations to make provision for the form and the content of the financial statements.

Article 14 of the Superannuation (Northern Ireland) Order 1972 confers express powers to make regulations retrospective in effect. Regulations 3 and 4 are retrospective to 2nd April 2001 and regulations 5 and 7 are retrospective to 1st August 2000, but no one will be adversely affected by these retrospective provisions.


Notes:

[1] S.I. 1972/1073 (N.I. 10); Article 14 was amended by Article 12 of the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I.1990/1509 (N.I. 13))back

[2] S.R. & O. (N.I.) 1973 No. 504 Article 7(1); S.I. 1976/424 (N.I. 6)back

[3] S.R. 2000 No. 177 as amended by S.R. 2001 No. 61, S.R. 2001 No. 63 and S.R. 2001 No. 64back

[4] As substituted by S.R. 2001 No. 64, regulation 3back

[5] Schedule A2 was inserted by S.R. 2001 No. 64, regulation 8 and the Scheduleback

[6] 1972 c. 9 (N.I.) as amended by the Financial Provisions (Northern Ireland) Order 1978 (S.I. 1978/1041 (N.I. 11)) and by S.R. 1999 No. 449back

[7] 1993 c. 49back

[8] Copies may be purchased from ABG Professional Information, PO Box 21375, London WC1N 1QPback

[9] See S.R. 1990 No. 338back



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