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The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 7, 12 and 24 of the Superannuation Act 1972^[1], after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Local Government (Discretionary Payments) Regulations 1996 and shall come into operation on 25th July 1996.

General interpretation
    2.—(1)  Unless the context otherwise requires, in these Regulations—

"the 1972 Act" means the Superannuation Act 1972;


"the 1978 Act" means the Employment Protection (Consolidation) Act 1978^[2];


"assumed member" has the meaning given in regulation 6(2);


"employing authority", in relation to a person whose employment ceases as described in regulation 6(1)(a), means the body by whom he is employed on the material date, being a body specified in Schedule B1 of the LGPS Regulations (LGPS employers);


"employment" includes office and service;


"the LGPS Regulations" means the Local Government Pension Scheme Regulations 1995^[3];


"the 1986 Regulations" means the Local Government Superannuation Regulations 1986^[4];


"LGPS employer" means a LGPS employer (as defined in the LGPS Regulations) including, in relation to any person who is an admission agreement employee (as so defined), his employing body (as so defined);


"LGPS member" means a member of the Scheme (as defined in the LGPS Regulations);


"the Scheme" has the meaning given in the LGPS Regulations.

    (2)  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 LGPS Regulations.

    (3)  Where in these Regulations references are made to anything done under, required under or arising under any provision of the LGPS Regulations, those references shall be construed (so far as the context permits) as references to anything done under, required under or arising under the corresponding provision of the Local Government Superannuation Regulations 1974^[5] or, as the case may be, the 1986 Regulations; and where any references are made to a LGPS member or a person who would be or would have been a LGPS member, those references shall be construed so far as the context permits as references to a pensionable employee or, as the case may be, to a person who would be or would have been a pensionable employee, within the meaning of the Local Government Superannuation Regulations 1974 or, as the case may be, the 1986 Regulations.

Application to Isles of Scilly
    3.    These Regulations apply to the Isles of Scilly as if the Isles were a district in the county of Cornwall and the Council of the Isles of Scilly were a council of that district.

[1] 1972 c. 11. Section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), s.10. Section 24 was amended by the Police Pensions Act 1976 (c. 35) s.13(1), Sch. 2 paragraph 10. back

[2] 1978 c. 44. back

[3] S.I. 1995/1019; amended by S.I. 1995/1985; 1995/2249; 1995/2953; 1996/185; 1996/711; 1996/1428. back

[4] S.I. 1986/24; amended by other instruments listed in Schedule M5 to the Local Government Pension Scheme Regulations 1995 (S.I. 1995/1019) which revoke all the 1986 Regulations except for Parts K and L. Part K was amended by S.I. 1995/1497. back

[5] S.I. 1974/520; amended by other instruments listed in Part III of Schedule 20 to the Local Government Superannuation Regulations 1986 (S.I. 1986/24). back