
1 

(1) These regulations may be cited as the
Local Government Superannuation (Local Government Reorganisation) Regulations
1985 and shall come into operation on 1st November 1985, but shall have effect
as from 16th July 1985.
(2) In these regulations, unless the context
otherwise requires—
 “the 1985 Act”
means the 
Local Government Act 1985;
 “the principal regulations”
 means the 
Local Government Superannuation Regulations 1974;
 “former employer”
means the former employer within the meaning of 
section 54 of the 1985 Act;
 “new employer”
means the new employer within the meaning of 
section 52 or, as the case may be, 
section 54 of the 1985 Act; and

 “residuary body” has the meaning given by section 105(1)
 of the 1985 Act;and expressions which are also used in the principal regulations
have the same meaning as they have in those regulations.
2 
Regulation A3(1)
of the principal regulations is amended by inserting after the definition
of “rent officer” the following:“

 “residuary body”
has the meaning given in 
section 105(1) of the Local Government
Act 1985and 
“London Residuary Body” means 
the body established by section 57(1)(a)
of that Act;
”
3 
Regulation B3
of the principal regulations is amended by inserting after 
paragraph (5A) the following:“
(5B) The appropriate superannuation
fund in relation to the pensionable employees of the London Residuary Body
is the superannuation fund maintained by the Greater London Council.”.

4 
Part I of Schedule 1
to the principal regulations is amended by inserting after the words 
“a London borough council” the words “, a
residuary body”.
5 

(1) This regulation applies—
(a) to any person who is designated for the
purposes of section 52
of the 1985 Act (power to transfer staff), if the new employer is a scheduled
body, and
(b) to any person to whom 
section 54 of that Act (continuity of employment
in certain cases of voluntary transfer) applies, if—
(i) both the former employer and the new
employer are scheduled bodies, and
(ii) where the former employer is a residuary
body, the termination of the persons's employment is not attributable to an
order under section 67(3)
of that Act giving effect to a scheme for the winding-up of that body.
(2) The principal regulations shall have
effect in relation to a person to whom this regulation applies as if he had—

(a) where paragraph
(1)(a) applies, on 1st April 1986, and
(b) where paragraph
(1)(b) applies, immediately after ceasing to
be employed by the former employer,been transferred as mentioned in 
paragraph (a)(vi) of the definition of “transferred
employee” in regulation J1
of those regulations (certain transfers under 
Local Government Act 1972).
6 

(1) Any question concerning the application
of regulation 5
to a person shall be decided in the first instance by the scheduled body who
are his new employer.
(2) The body are to notify the person in
writing of their decision, and in their notification they must—
(a) give reasons for their decision, and

(b) inform the person of his right to institute
proceedings under paragraph (3)
and of the address to which any application instituting such proceedings should
be sent.
(3) If—
(a) the person is dissatisfied with the body's
decision, or
(b) the body have not, within 6 months after
1st April 1986 or, as the case may be, after his ceasing to be employed by
his former employer, notified him of a decision,he may institute proceedings for the determination of the question
by an industrial tribunal established in pursuance of the 
Industrial Tribunals (England and Wales) Regulations 1965.
(4) The right conferred by 
paragraph (3) is without prejudice to any right
to make such a reference to an industrial tribunal as is mentioned in section 101(1)(c)
of the Employment Protection (Consolidation) Act 1978
(reference of question as to right to or amount of redundancy payment).
7 
No provision of these regulations shall apply to any person to
whom at any time before 1st November 1985 any benefit (including a return
of contributions and any pension payable to a widow or any dependant by virtue
of a surrender) was being paid or became or might have become payable if—

(a) he is placed by that provision in a worse
position than he would have been in if it had not applied in relation to that
benefit; and
(b) that provision relates to a benefit paid
or payable in respect of a person who—
(i) ceased before 1st November 1985 to hold
an employment in respect of which he was a pensionable employee, or
(ii) died before that date while still in
such an employment; and
(c) the first-mentioned person, by notice
in writing given to the appropriate administering authority within 3 months
after 1st November 1985 elects that that provision shall not apply to him.

Kenneth Baker
Secretary of State for the Environment
1st October 1985