The Local Government Pension Scheme (Scotland) Regulations 1998

Agreements to enable employees of non-Scheme employers to be members (“admission agreements”)

4.—(1) An administering authority may make an admission agreement with any admission body.

(2) An admission agreement is an agreement that all or any specified class of the admission body’s employees may be members.

(3) An admission agreement may provide that a period of employment by the admission body before the date of the agreement counts as membership of the Scheme (or does so for some purposes).

(4) An admission agreement must terminate if the admission body ceases to be such a body.

(5) An admission agreement may make such other provision about its termination as the parties consider appropriate.

(6) When an administering authority make an admission agreement, they must immediately inform the Secretary of State of the admission body’s name and the date the agreement takes effect.

(7) An administering authority and an admission body may make an admission agreement despite the fact that they do not exercise their functions in areas which overlap or adjoin each other.

(8) These are admission bodies–

(a)a body which provides a public service in the United Kingdom otherwise than for the purposes of gain;

(b)a body to the funds of which any local authority contribute;

(c)a body to which any grant is made out of money provided by Parliament;

(d)a body representative–

(i)of local authorities, or

(ii)of local authorities and officers of local authorities, or

(iii)of officers of local authorities;

(e)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 Disabled Persons (Employment) Act 1958(3);

(iv)the Mental Health (Scotland) Act 1984(4); or

(v)section 14 of the Social Work (Scotland) Act 1968(5).

(9) However, a body falls within paragraph (8)(d)(iii) only if it is formed for the purpose of consultation as to the common interests of local authorities and the discussion of matters relating to local government.

(10) These Regulations apply to employment with an admission body in which the employee is an active member in the same way as if the body were a Scheme employer.