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PART VII
MISCELLANEOUS AND SUPPLEMENTARY
Decisions and appeals

Decisions and appeals 
50.  - (1) Any question concerning the rights of any person or his eligibility to be considered for any award under Part V or Part VI shall be decided in the first instance by the relevant LGSS employer LGPS employer (SI1998/364), that is to say the LGSS employer LGPS employer (SI1998/364) who last employed the person in respect of whose employment the question arises.

(2) The questions specified in paragraph (1) shall be decided as soon as is reasonably practicable after the occurrence of the last event by virtue of which the award may be payable.

(3) A body who have decided any question under this regulation shall, as soon as is reasonably practicable after doing so, send a written notification of their decision to every person affected by it.

(4) The notification shall include-

(a) the grounds for the decision; and

(b) in any case where paragraph (5) applies, conspicuous statement directing the person's attention to his right under that paragraph to appeal to the Secretary of State.

(5) Where-

(a) the relevant employer has decided or failed to decide any such question as is mentioned in paragraph (1); and

(b) an appeal is duly made to the Secretary of State,

then, subject to the following provisions of this regulation, the question shall be determined by him.

(6) The Secretary of State shall not determine any question that fell to be decided by the relevant employer in the exercise of a discretion conferred by these Regulations.

(7) An appeal under paragraph (5) shall be made by notice in writing which-

(a) shall be served (whether by being sent by post or otherwise) as soon as is reasonably practicable; and

(b) may be served by any person whose interests are affected.

Supplemental

Finance
51.  - (1) The cost of any payment to be made under these Regulations is not to be met out of any pension fund.

(2) Where-

(a) an allowance under regulation 7 of the Benefits Regulations Local Government Superannuation (Benefits) (Scotland) Regulations 1954 and 1955 (SSI 2009/187) (a "regulation 7 allowance") is payable in addition to any allowance or lump sum under Part V of these Regulations; and

(b) the relevant employer is the employing authority for the purposes of regulation 7(4) of the Benefits Regulations Local Government Superannuation (Benefits) (Scotland) Regulations 1954 and 1955 (SSI 2009/187) (repayment to appropriate superannuation fund),

the regulation 7 allowance shall be treated for the purposes of paragraph (1) as an allowance under these Regulations.

Policy statement (SI2000/77)
51A.  - (1) Each employing authority must formulate and keep under review the policy they intend to apply in the exercise of their discretionary powers in the discharge of their functions under Parts II, III and IV Parts II, III, IV and VI(A) (SSI 2009/187).

    (2) Before the end of six months beginning with 7th April 2000 each employing authority shall publish a written statement of the policy which they are to apply in the exercise of such discretionary powers from the date of publication.

    (3) Where, as a result of a review under paragraph (1), an employing authority determine to amend their policy, they must publish a written statement of the amended policy before the expiry of one month beginning with the date on which they so determine.

    (4) No change in policy shall come into effect until the expiry of one month from the date on which the written statement of the amended policy is published.

    (5) In formulating or reviewing their policy under paragraph (1), an employing authority shall-

(a) have regard to the extent to which the exercise of their discretionary powers, unless properly limited, could lead to a serious loss of confidence in the public service; and

(b) be satisfied that the policy is workable, affordable and reasonable having regard to the foreseeable costs.

Revocations and transitional provisions
52.  - (1) The Regulations specified in Schedule 3 are hereby revoked to the extent specified in that Schedule.

(2) Anything done under or by virtue of any provision of-

(a) the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979;

(b) Part II of the Local Government (Compensation for Redundancy and Premature Retirement) (Scotland) Regulations 1984;

(c) Part K or L of the Superannuation Regulations the LGPS Regulations (SI1998/364); or

(d) the Local Government (Compensation for Redundancy) (Scotland) Regulations 1994,

shall be deemed to have been done under or by virtue of the corresponding provision of these Regulations and anything begun under any of those provisions may be continued under these Regulations as if begun under these Regulations.

(3) Where a period of time specified in, or applying by virtue of, a provision specified in paragraph (2) is current at the commencement of these Regulations, these Regulations shall have effect as if the corresponding provision of these Regulations had been in force when that period began to run.

Brian Wilson
Minister of State, Scottish Office

St Andrew's House Edinburgh
26th January 1998