UK Offence Report

Forfeiture of pension rights after conviction of employment-related offences

regulation 66(3) of The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 A relevant offence is an offence, committed in connection with an employment in which the person convicted is

a member, and because of which the member has left that employment.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 66(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Local Government Pension Scheme (Administration) (Scotland) Regulations 2008.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
4 June 2008
In force from
1 April 2009
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations set out provisions relating to the administration of the new Local Government Pension Scheme (“the Scheme”) which is to come into existence on 1st April 2009 and is constituted by these Regulations, the Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008 (“the Benefit Regulations”) and the Local Government Pension Scheme (Transitional Provisions) (Scotland) Regulations 2008. The provisions in these Regulations supersede without modification most of those in the Local Government Pension Scheme (Scotland) Regulations 1998 (as amended) that they replace. Reference is made where relevant to nominated cohabiting partners as they are a category of dependent beneficiary in the Benefits Regulations. The other main changes are mentioned in the following description of the arrangement of these Regulations. The Regulations are divided into the following Parts– Part 1 deals with citation, commencement and interpretation; Part 2 sets out rules relating to membership of the Scheme. Regulation 10 (joining the Scheme) does not require any person who is eligible to be a member of the Scheme to apply to be such, unless he is applying for membership on a date other than that on which he would otherwise automatically become a member or he is the employee of an admission body; Part 3 deals with contributions. Regulation 20 (additional regular contributions) sets out the applicable procedure in circumstances where a member chooses to pay additional contributions under Regulation 13 of the Benefits Regulations. Regulations 22–24 simplify and update provisions dealing with additional voluntary contributions and shared cost additional voluntary contributions; Part 4 deals with pension funds and employers' payments. Regulation 39 (interest) provides that interest payable on overdue amounts is payable from the day after the amount is due rather than from one month after the due date as before in some cases, the only exception being any extra charge payable by an employing authority under regulation 36 (employers' payment following resolution to increase membership or award additional pension) or regulation 37 (employers' further payments); Part 5 deals with payment of benefits; Part 6 deals with determination of questions and disputes. Regulation 51 (first instance decisions) requires the employing authority to decide what contribution rate a member must pay. This is consequential on regulation 4 of the Benefits Regulations, which provide that the contribution rate a member pays is based on the member’s pensionable pay and a range of pay bands; Part 7 deals with policy statements and information; Part 8 deals with special adjustments; Part 9 deals with transfers. Regulation 82 (changes of fund and variable time employees) sets out the provisions which apply where a variable time employee transfers from one pension fund to another. Part 10 deals with pension sharing. A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies and does not have a significant financial impact on any public bodies

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source