Agenda item 3 is consideration of two negative instruments, the first of which is SSI 2020/31. Regulation 1(1) provides that, “subject to paragraph (2)”, the regulations come into force on 31 March 2020. Paragraph (2) provides that
“Regulation 3 has effect from 1 March 2020.”
It could be considered insufficiently clear whether the effect of that provision is that the regulation comes into force and has effect on 1 March or whether it comes into force on 31 March but its legal effect is backdated to 1 March. The Scottish Government has confirmed that the intention is the latter, with all the regulations coming into force on 31 March.
Furthermore, regulation 2(2) inserts new paragraph 2A into schedule 4 of the Local Government Pension Scheme (Scotland) Regulations 2018 (SSI 2018/141). It provides that
“The Scottish Ministers may, on application of an administering authority ... substitute a different fund maintained by that administering authority as the appropriate fund for a Scheme employer.”
The Scottish Government has confirmed that the reference in paragraph 2A to “the appropriate fund” is to the appropriate fund that is specified in column 2 of the table in schedule 4. However, at present, that column identifies only the authority whose fund is the appropriate fund for a particular employee. The Scottish Government has explained that the intention is to enable a sub-fund to be specified. It could be considered that the meaning of paragraph 2A could be clearer in expressing the intention to enable a sub-fund to be specified.
Does the committee therefore wish to report the regulations on reporting ground (h), as the meaning of regulations 1 and 2(2) could be clearer?
Members indicated agreement.