Regulation 51(3)
1. The appropriate fund for a member described in column 1 is the fund specified in column 2 of the following Table.S
[F12. The Scottish Ministers may, on the application of a Scheme employer, by a written direction substitute a different administering authority as the appropriate administering authority for a person or class of persons.]S
Textual Amendments
F1Sch. 4 para. 2 substituted (with effect from 1.6.2018) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/161), regs. 1(2), 2(27)
[F22A. The Scottish Ministers may, on application of an administering authority, by a written direction substitute a different fund maintained by that administering authority as the appropriate fund for a Scheme employer.]S
Textual Amendments
F2Sch. 4 para. 2A inserted (with effect from 1.3.2020) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/31), regs. 1, 2(2)
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F3Sch. 4 para. 3 omitted (with effect from 1.6.2018) by virtue of The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/161), regs. 1(2), 2(28)(b)
4. Before giving a direction under paragraph [F42] [F5or 2A] Scottish Ministers must consult with any bodies appearing to them to be affected by the proposed direction.S
Textual Amendments
F4Word in sch. 4 para. 4 substituted (with effect from 1.6.2018) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/161), regs. 1(2), 2(28)(c)
F5Words in sch. 4 para. 4 inserted (with effect from 1.3.2020) by The Local Government Pension Scheme (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/31), regs. 1, 2(3)
5. The direction may require the making of financial adjustments between the funds, whether by way of a payment to the substituted fund or of a transfer of assets or both.S
6. The direction F6... may—S
(a)contain provision as to the transfer of liabilities to the substituted fund;
(b)require a revised rates and adjustment certificate in respect of each Scheme employer concerned, to take account of the effect of the direction; and
(c)make provision for any other consequential or incidental matters.
Textual Amendments
F6Words in sch. 4 para. 6 omitted (1.6.2022) by virtue of The Local Government Pension Scheme (Scotland) (Miscellaneous Amendments) Regulations 2022 (S.S.I. 2022/153), regs. 1(1), 13
7. Where an administering authority has established an admission agreement fund under regulation 52 (admission agreement funds)—S
(a)references in this schedule and in regulation 51(3) (appropriate funds) to the fund are to the fund maintained by that authority under regulation 51(1) (pension funds); and
(b)in relation to a member employed by a body specified in the notice required by regulation 52(3), the appropriate fund is the admission agreement fund.
| Member(Column 1) | Appropriate fund(Column 2) |
|---|---|
| 1. An employee of an administering authority | Fund maintained by that authority |
| 2. A member falling within the Table in Part 2 of this schedule | Fund specified for him or her in that Table |
| 3. An employee of a company under the control of a Scheme employer specified in schedule 2 | Fund which is appropriate fund for employees of that Scheme employer |
| 4. An admission agreement employee | Fund maintained by the administering authority with whom the admission agreement making him or her eligible for membership was made. |
| 5. Members for whom no fund is specified by paragraphs 1 to 4 | Fund maintained by the administering authority within whose local government area all or most of the member's Scheme employer's area lies |
| Member(Column 1) | Appropriate fund(Column 2) |
|---|---|
| 1. Former employee of East of Scotland Water Authority who transferred to Scottish Water on 1st April 2002 | Fund maintained by City of Edinburgh Council |
| 2. Employee of Scottish Water who commenced employment on or after 1st April 2002 and whose contractual main place of work is Edinburgh | Fund maintained by City of Edinburgh Council |
| 3. Former employee of West of Scotland Water Authority who transferred to Scottish Water on 1st April 2002 | Fund maintained by Glasgow City Council |
| 4. Employee of Scottish Water who commenced employment on or after 1st April 2002 and whose contractual main place of work is Glasgow | Fund maintained by Glasgow City Council |
| 5. Former employee of North of Scotland Water Authority who transferred to Scottish Water on 1st April 2002 | Fund maintained by Aberdeen City Council |
| 6. Employee of Scottish Water who commenced employment on or after 1st April 2002 and whose contractual main place of work is Aberdeen | Fund maintained by Aberdeen City Council |
| 7. Employee of Scottish Children's Reporter Administration | Fund maintained by Falkirk Council |
| 8. Employee of Scottish Environment Protection Agency | Fund maintained by Falkirk Council |
| 9. Employee of Strathclyde Passenger Transport Authority | Fund maintained by Glasgow City Council |
| 10. Employee of Strathclyde Passenger Transport Executive | Fund maintained by Glasgow City Council |
| 11. Former employee of Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board | Fund maintained by Falkirk Council |
| 12. Former employee of Scottish Homes | Fund maintained by City of Edinburgh Council |
| 13. Former employee of the Scottish Special Housing Association | Fund maintained by City of Edinburgh Council |
| 14. Employee of the South East of Scotland Transport Partnership, other than an employee who falls within entries 15 to 17 below | Fund maintained by City of Edinburgh Council |
| 15. Former employee of Clackmannanshire Council or Falkirk Council who transferred to the South East of Scotland Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 M1 | Fund maintained by Falkirk Council |
| 16. Former employee of Fife Council who transferred to the South East of Scotland Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 | Fund maintained by Fife Council |
| 17. Former employee of Scottish Borders Council who transferred to the South East of Scotland Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 | Fund maintained by Scottish Borders Council |
| 18. Employee of the Central and Tay Transport Partnership, other than an employee who falls within entry 19 below | Fund maintained by Dundee City Council |
| 19. Former employee of Stirling Council who transferred to the Central and Tay Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 | Fund maintained by Falkirk Council |
| 20. Employee of the Highlands and Islands Transport Partnership other than an employee who falls within entries 21 to 23 below | Fund maintained by the Highland Council |
| 21. Former employee of Argyll and Bute Council who transferred to the Highlands and Island Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 | Fund maintained by City of Glasgow Council |
| 22. Former employee of Moray Council who transferred to the Highlands and Islands Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 | Fund maintained by Aberdeen City Council |
| 23. Former employee of Orkney Islands Council who transferred to the Highlands and Islands Transport Partnership as a consequence of an order made under section 2 or 10 of the Transport (Scotland) Act 2005 | Fund maintained by Orkney Islands Council |
| 24. Employee of the Scottish Police Authority entering into employment on or after the coming into force of these Regulations | Fund located nearest to the employee's main place of employment. |
| 25. Employee of VisitScotland, other than an employee who is a former employee of the Scottish Network 1 Tourist Board or the Scottish Network 2 Tourist Board who transferred to VisitScotland by virtue of paragraph 1 of schedule 1 of the Tourist Boards (Scotland) Act 2006 M2 and who was a member of the Scheme at the date of that transfer, for whom the appropriate fund is set out at entries 26 to 36 below | Fund maintained by City of Edinburgh Council |
| 26. Former employee of the Scottish Network 1 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Dumfries network area | Fund maintained by Dumfries and Galloway Council |
| 27. Former employee of the Scottish Network 1 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Edinburgh network area | Fund maintained by City of Edinburgh Council |
| 28. Former employee of the Scottish Network 1 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Glasgow or Prestwick network area | Fund maintained by City of Glasgow Council |
| 29. Former employee of the Scottish Network 1 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Selkirk network area. | Fund maintained by Scottish Borders Council |
| 30. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Aberdeen network area | Fund maintained by Aberdeen City Council |
| 31. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Dundee or Perth network area | Fund maintained by Dundee City Council |
| 32. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Kirkwall network area | Fund maintained by Orkney Islands Council |
| 33. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Lerwick network area | Fund maintained by Shetland Islands Council |
| 34. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Markinch network area | Fund maintained by Fife Council |
| 35. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Stornoway or Strathpeffer network area | Fund maintained by the Highland Council |
| 36. Former employee of the Scottish Network 2 Tourist Board who worked at the date of the transfer to VisitScotland in the VisitScotland Stirling network area | Fund maintained by Falkirk Council |
| 37. Former employee of Strathclyde Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 M3 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Strathclyde Joint Fire and Rescue Board or constituent local authorities | Fund maintained by City of Glasgow Council |
| 38. Former employee of Fife Council transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Fife Council | Fund maintained by Fife Council |
| 39. Former employee of Lothian and Borders Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012, any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Lothian and Borders Joint Fire and Rescue Board or constituent local authorities, any former employee of the Fire College at Gullane transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service employed at the Fire College at Gullane | Fund maintained by City of Edinburgh Council |
| 40. Former employee of Dumfries and Galloway Council transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Dumfries and Galloway Council | Fund maintained by Dumfries and Galloway Council |
| 41. Former employee of Tayside Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Tayside Joint Fire and Rescue Board or constituent local authorities | Fund maintained by Dundee City Council |
| 42. Former employee of Central Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Central Joint Fire and Rescue Board or constituent local authorities | Fund maintained by Falkirk Council |
| 43. Former employee of Highlands and Islands Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Highlands and Islands Joint Fire and Rescue Board or constituent local authorities | Fund maintained by the Highland Council |
| 44. Former employee of Grampian Joint Fire and Rescue Board or constituent local authorities transferred to the Scottish Fire and Rescue Service by the Police and Fire Reform (Scotland) Act 2012 and any employee of the Scottish Fire and Rescue Service who prior to the Police and Fire Reform (Scotland) Act 2012 would have been employed, if based on location of employment, by Grampian Joint Fire and Rescue Board or constituent local authorities | Fund maintained by Aberdeen City Council |