The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008

Employees of non-Scheme employers: community admission bodies

4.—(1) Subject to the requirements of this regulation and regulation 6 (admission agreements further provisions), an administering authority may make an admission agreement with any community admission body.

(2) The following are community admission bodies–

(a)a body, which provides a public service in the United Kingdom otherwise than for the purposes of gain and which either–

(i)has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest (whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise); or

(ii)is approved by the Scottish Ministers for the purposes of admission to the Scheme;

(b)a body to the funds of which a Scheme employer contributes;

(c)a body representative of–

(i)local authorities;

(ii)local authorities and officers of local authorities;

(iii)officers of local authorities where it is formed for the purpose of consultation on the common interests of local authorities and the discussion of matters relating to local government; or

(iv)Scheme employers;

(d)A voluntary organisation engaged in the provision of services under–

(i)Part III of the National Health Service (Scotland) Act 1978(1);

(ii)Part III of the National Assistance Act 1948(2);

(iii)The Disability Discrimination Act 1995(3);

(iv)The Mental Health (Scotland) Act 1984(4) or the Mental Health (Care and Treatment) (Scotland) Act 2003(5); or

(v)Section 14 of the Social Work (Scotland) Act 1968 (which places a duty on local authorities to provide domiciliary services and laundry facilities to certain households)(6).

(3) An approval under paragraph (2)(a)(ii) may be subject to such conditions as the Scottish Ministers think fit and they may withdraw an approval at any time if such conditions are not met.

(4) Where, at the date that an admission agreement is made with a body mentioned in paragraph (2)(b), the contributions paid to the body by one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, it must be a term of the admission agreement that the Scheme employer paying contributions (or, if more than one pays contributions, all of them) guarantees the liability of the body to pay all amounts due from it under these Regulations or the Benefit Regulations.