The Local Government Superannuation (Miscellaneous Provisions) Regulations 1986

Persons treated as employees of a scheduled body

6.  Regulation B2 of the principal regulations is amended—

(a)by substituting in column (2) of the Table in paragraph (1)—

(i)for the entry relating to rent officers and deputy rent officers, the following:

“Where subsection (9) of section 63 of the Rent Act 1977(1) applies (registration area a metropolitan county), the district council designated by the relevant scheme made under that section; and in any other case, the local authority for whose area the relevant scheme is made, or has effect as if made, under that section”

, and

(ii)for the entry relating to coroners falling within regulation B1(14), the following:

“Where appointed—

(a)by a metropolitan county council or the Greater London Council, the relevant council for the purposes of section 13 of the Local Government Act 1985;

(b)by the Common Council, that Council;

(c)by the council of a non-metropolitan county, that council”

; and

(b)in paragraph (4), by inserting after the word “subsidiary” the words “(other than a public transport company)”; and

(c)by inserting after paragraph (4) the following:

“(4A) Every employee of a public transport company (“the first company”) in relation to whom a resolution under regulation 4 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 has effect shall for the purposes of these regulations be deemed to be in employment with the passenger transport executive or district council who passed the resolution.

(4B) If a person in relation to whom such a resolution had effect becomes an employee of another public transport company (“the second company”)—

(a)whose controlling authority—

(i)is not the body who passed the resolution or a composite authority of which that body was a component council, but

(ii)is an authority which has, or a composite authority each of whose component councils has, also passed such a resolution, or

(b)which is a subsidiary of a passenger transport authority and has employees to whom paragraph (4A) applies by virtue of such a resolution,

for the purposes of these regulations he shall where sub-paragraph (a) applies be deemed to be in employment with the controlling authority of the second company or, where that authority is a composite authority, with such one of its component councils as the authority may decide, and where sub-paragraph (b) applies be deemed to be in employment with the passenger transport executive or district council who passed the resolution.

(4C) If the undertaking of the first company is divided among two or more companies formed under section 61 of the Transport Act 1985 by a passenger transport authority, an employee of any one of those companies (“the transferee company”) in relation to whom such a resolution had effect shall for the purposes of these regulations be deemed to be in employment with the passenger transport executive who passed the resolution.

(4D) If a person to whom paragraph (4A), (4B) or (4C) applies becomes an employee of a subsidiary of, as the case may be, the first company, the second company or the transferee company, the relevant paragraph continues to apply to him as if he had remained an employee of the company in question.

(4E) Paragraphs (4A) to (4C) cease to apply to a person if the first company or, as the case may be, the second company or the transferee company ceases to be a public transport company.

(4F) In paragraphs (4) to (4E) “public transport company”, “controlling authority”, “composite authority” and “component council” have the meanings given in section 72 of the Transport Act 1985, and “subsidiary” has the meaning given in section 137(1) of that Act.”.