Dear Sir/Madam

Local Government Pension Scheme (Amendment) Regulations 2001

I enclose regulations, which the Secretary of State has made under powers contained in sections 7 and 12 of the Superannuation Act 1972. The regulations amend the Local Government Pension Scheme Regulations 1997 ("the 1997 Regulations") and come into force on 1st May 2001. It should be noted, however, that there are a number of effective dates, which are set out in full in regulation 1(2). As well as the main changes set out below a minor correction has been made regarding the Pension Sharing on Divorce provisions.

New Bodies

As a result of the Criminal Justice and Court Services Act 2000 technical amendments have been made to ensure ongoing access to the Scheme for employees of the new Probation Service and Children and Family Courts Advisory and Support Service. Both of these came into operation on 1 April 2001.

Changes have been made to the structure of Magistrates’ Courts’ Committees in the co-terminus GLA area. Separate action has been taken by the Lord Chancellor’s Department dealing with former Inner London staff, and for the most part the new Greater London Magistrates’ Courts’ Committee is now similar in structure to those in the rest of the country.

The regulations deal with two other bodies. First the National College for School Leadership, set up by the DfEE to provide a national lead on education policy and training. Second, access to the LGPS for staff of the Standards Board, established by the Local Government Act 2000, has now been introduced. City academies, established under the Learning and Skills Act 2000, with effect from 1 September 2000, are also added to the list of Scheme employers.

Where appropriate, and in response to comments made during the consultation process, the relevant administering authority has been set out in amendments to Schedule 5 of the 1997 regulations.

Maternity and Paternity Leave

The 1997 regulations have been amended to cover maternity leave rights under European law, which already impacted on the Scheme by virtue of overriding European law. It is both desirable and appropriate that specific provisions should be introduced to assist administrators in understanding their liabilities and responsibilities. Attention should also be drawn to the advice already been given to employers by the LGPC in its circular No.86 dated June 2000.

Any comments or questions relating to the application of these changes should be addressed in the first instance to Roisin Macreadie, Local Government Pensions Division, DETR, Zone 2/E8, Ashdown House, 123 Victoria Street, London, SW1E 6DE (tel: 020 7944 6017) (e-mail [email protected]).

Yours sincerely




The Chief Executive of:

County Councils (England)

District Councils (England)

County and County Borough Councils in Wales

London Borough Councils

South Yorkshire Pensions Authority

Tameside Metropolitan Borough Council

Wirral Metropolitan Borough Council

Bradford City Council

South Tyneside Metropolitan Borough Council

Wolverhampton Metropolitan Borough Council

London Pensions Fund Authority

Environment Agency

The Town Clerk, City of London

Clerk, South Yorkshire PTA

Clerk, West Midlands PTA

The Secretaries of:

Local Government Association

New Towns Pension Fund

Commission for New Towns





Convention of Scottish Local Authorities (COSLA)

Welsh Local Government Association

North Wales Association of Town Councils

Trades Union Congress






Audit Commission

Government Actuary’s Department






Other Government Departments