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The Secretary of State, in exercise of the powers conferred on him by sections 7, 12 and 24 of the Superannuation Act 1972 and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appear to him to be concerned and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate in accordance with section 7(5) of that Act, and not having considered consultation with any individual local authority desirable, hereby makes the following Regulations:

PART I

"the 1972 Act" means the Superannuation Act 1972;

"the 1978 Act" means the Employment Protection (Consolidation) Act 1978;

"the 1996 Act" means the Employment Rights Act 1996;

"the 1987 Regulations" means the Local Government Superannuation (Scotland) Regulations 1987; (SI1998/364)

“the Administration Regulations” means the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008; (SSI 2009/187)

"assumed pensionable employee assumed member (SI1998/364)" has the meaning given in regulation 6(2);

“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008; (SSI 2009/187)

"employing authority" means a LGSS employer LGPS employer (SI1998/364) of a kind specified in paragraph (a) or (b) (SI1998/364) of the definition in this paragraph of such an employer, and in relation to a person whose employment ceases as described in regulation 6(1)(a) means the employing authority by whom he is employed on the material date;

"employment" includes office and service;

LGPS employer" means-

(a) a Scheme employer as defined in the LGPS Regulations or the Administration Regulations (whichever is applicable) (SSI 2009/187);

(b) in relation to any person who is an admission agreement employee (as so defined), his employing body; (SI1998/364)

"LGPS member" means a member of the Scheme (as defined in the LGPS Regulations) (SI1998/364) or the Administration Regulations (whichever is applicable); (SSI 2009/187)

"LGPS Regulations" means the Local Government Pension Scheme (Scotland) Regulations 1998; (SI1998/364)

"pensionable remuneration" means pay within the meaning of regulation 12 of the LGPS Regulations (SI1998/364) or regulation 5 of the Benefits Regulations; (SSI 2009/187)

"the Scheme" has the meaning given in the LGPS Regulations (SI1998/364) or the Administration Regulations (whichever is applicable); (SSI 2009/187)

"the Transitional Regulations" means the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 1998. (SI1998/364)

"LGSS" means the Local Government Superannuation Scheme constituted under the Superannuation Regulations ; (SI1998/364)

"LGSS employer" means-

(a) a body specified in Part I of Schedule 3 to the Superannuation Regulations;

(b) in relation to an employee described in Part II of that Schedule where the body employing him have by statutory resolution specified him as an eligible employee or specified a class of employees to which he belongs as being so eligible, that body;

(c) in relation to any person who is an admitted employee (as defined in regulation B6 of the Superannuation Regulations), his employing body (as so defined); (SI1998/364)

"the Superannuation Regulations" means the Local Government Superannuation (Scotland) Regulations 1987. (SI1998/364)

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation, Part or Schedule shall be construed as a reference to the regulation, Part or Schedule, as the case may be, that bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of, or Schedule to, these Regulations shall be construed as a reference to the paragraph bearing that number in that regulation or Schedule.

(3) Any expressions which are used in these Regulations and are not given a specific meaning for the purposes of these Regulations shall, unless the context otherwise requires, be construed as if they were contained in the Superannuation Regulations the LGPS Regulations (SI1998/364) the Administration Regulations or the Benefit Regulations (whichever is applicable) (SSI 2009/187) or, if the expression is not defined in those Regulations, in the 1987 Regulations (SI1998/364) .

(4) Where in these Regulations references are made to anything done under, required under or arising under any provision of the Superannuation Regulations the LGPS Regulations (SI1998/364) the Administration Regulations or the Benefit Regulations (SSI 2009/187), those references shall be construed (so far as the context permits) as including references to anything done under, required under or arising under the corresponding provision of the LGPS Regulations (SSI 2009/187) the Local Government Superannuation (Scotland) Regulations 1974 or, as the case may be, the 1987 Regulations (SI1998/364) ; and where any references are made to a pensionable employee LGPS member (SI1998/364) or a person who would be or would have been a pensionable employee LGPS member (SI1998/364), those references shall be construed so far as the context permits as including references to a pensionable employee or, as the case may be, a person who would be or would have been a pensionable employee, within the meaning of the Local Government Superannuation (Scotland) Regulations 1974 or, as the case may be, the 1987 Regulations (SI1998/364) .

General exclusions - teachers
3.  - (1) References in these Regulations to employment with a LGSS employer LGPS employer (SI1998/364) do not include employment by virtue of which a person is entitled to participate in benefits provided under regulations made under section 9 of the 1972 Act (teachers' superannuation).

(2) Part II does not apply to a person ceasing to hold an employment in which he was a person in relation to whom regulations may be made under that section.

(3) In Part V "relevant employment" does not include employment as a teacher.

(4) In regulations 46(1), 47(1) and 48(1) the references to employment do not include employment as a teacher.

General exclusions – councillors

3A.—(1) References in these Regulations to employment with an employing authority or employment with a LGPS employer do not include service or holding office as a councillor.

(2) Part II does not apply to a person ceasing to serve or hold office as a councillor.

(3) In Part V “relevant employment” does not include service or holding office as a councillor.

(4) In regulations 46(1), 47(1) and 48(1) the references to employment do not include service or holding office as a councillor.

(5) In this regulation, “councillor” means a member of a local authority elected in accordance with Part 1 of the Local Government etc. (Scotland) Act 1994 and includes such a councillor when exercising functions as convenor or vice-convenor of a joint board.

(SI2007/71)