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In this issue: Autumn Budget 2024 Social care Social housing Education Governance Children’s social care Healthcare Pensions Planning LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&A Autumn Budget 2024 Welsh Government responds to Autumn Budget 2024 The Welsh Government has issued a written statement from the Cabinet Secretary for Finance and the Welsh Language, Mark Drakeford, addressing the Autumn Budget 2024. Wales will receive an extra £774m. Drakeford characterises the Budget as a positive boost for Wales, supporting citizens, communities, local enterprises and public services across the country nationwide. See: LNB News 31/10/2024 33. Social care When is a private care provider exercising a public function for the purposes of section 6 Human Rights Act 1998? (Sammut v Next Steps Mental Healthcare Ltd) Because the provider did not validly obtain authorisation for depriving a patient of liberty in its...
In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...
In this issue: Data protection Retirement options Pension Schemes Bill Taxation The Pensions Regulator Dates for your diary Trackers Data protection GDPR breach doesn’t require proof of third-party access (Farley v Paymaster (1836) Ltd [2025] EWCA Civ 1117) In Farley v Paymaster (1836) Ltd, the Court of Appeal reversed the High Court’s ruling ([2024] EWHC 383 (KB)) which had struck out data protection claims raised by pension scheme members after the scheme administrator, having failed to update its database, sent annual benefit statements containing personal data to out‑of‑date addresses. The officers pursued claims for data misuse and GDPR breaches, seeking compensation for non‑material harm—namely anxiety, alarm, distress and embarrassment—on the basis that their personal data had been posted to unknown third parties. At first instance, most claims were struck out because the claimants were found not to have a real prospect of success, due to insufficient evidence of damage and no act amounting to misuse, since...
The statutory framework Generally, the statutory regime governing private sector occupational pension schemes under Scots law mirrors that applicable across the rest of the UK. That said, the foundational trust law on which most private sector schemes rest is not the same, as Scotland has its own distinct trust legislation and a separate body of case law. The Scottish court structure operates wholly apart from the English system, and although English decisions on pension matters can be helpful in addressing particular questions, they do not bind the Scottish courts. Variations in several other branches of law can also shape how pensions law is interpreted and how practice is carried out. These divergences may affect both legal analysis and day-to-day administration. Application of legislation, guidance and other policy in Scotland When advising on pension schemes governed by Scots law, it is important to verify that any cited legislation in fact extends to Scotland. A comparable approach is required for guidance and policy: there will be occasions when it...
FORTHCOMING CHANGE 1 : On 1 September 2022, the DLUHC opened a consultation proposing new duties for the LGPS to oversee and disclose climate-related risks, including the carbon emissions tied to their investments. The LGPS is the UK’s largest public sector pension scheme, covering 6.2 million members and holding £342bn in assets worldwide. Under the government’s plans, administering authorities would be required to: Calculate their carbon footprint; Assess how climate change could influence pension-related assets and liabilities; and Report each year on the extent to which assets align with the 2015 Paris Accords, the international climate treaty adopted by much of the world. This seeks to enhance the management of climate-related financial risk and would bring the LGPS into line with requirements already in force for private pension schemes. The proposals are intended to replicate the Task Force for Climate-Related Financial Disclosures (TCFD) measures that already apply to the largest private occupational pension schemes and master trusts. The consultation closed...
FORTHCOMING CHANGE : On 13 October 2025, the Ministry of Housing, Communities and Local Government (MHCLG) opened a consultation on proposed reforms to the Local Government Pension Scheme (LGPS) in England and Wales. A central strand is a substantial reset of Fair Deal protections, bringing the scheme into line with the 2013 Fair Deal guidance and phasing out admission body agreements and the use of ‘broadly comparable’ schemes for future outsourcing, other than in limited, exceptional cases. In their place, a new default ‘deemed employer’ approach would mean staff compulsorily moved under TUPE keep unbroken LGPS membership, with the original Fair Deal employer retaining pension responsibility rather than relying on admission bodies. These safeguards would carry through re-tenders and later transfers, preserving access for ‘protected transferees’ and, at the employer’s option, extending to new starters on the contract. Draft regulations to deliver these Fair Deal measures accompanied the consultation, underlining the government’s plan to reinforce long-term pension security for outsourced local government employees. For further information, see Practice Note:...
2 Access to Local Government Pension Scheme The parties agree that, in accordance with the Best Value Direction [ and any revised Fair Deal Guidance that may apply ], Relevant Employees shall be permitted to remain members of the LGPS (or, in narrowly defined situations, a Broadly Comparable Pension Scheme) for as long as they continue to be [ wholly or mainly ] engaged in delivering the Services. Relevant Employees may enforce the provisions of this Schedule to the extent that such provisions are reflected within the Best Value Direction. ...
On [ date ], the parties enter into this Agreement, namely: 1 [ ] of [ ] (the ‘ Administering Authority ’); 2 [ ] of [ ] (the ‘ Scheme Employer ’); 3 [ ] of [ ] (the ‘ Admission Body ’); and 4 [ ] of [ ] (the ‘ Guarantor ’). Background (A) Under the Regulations, the Administering Authority is an administering authority. It runs and upholds the Scheme in line with the Regulations and has delegated authority to make determinations under section 25(5) of the Public Service Pensions Act 2013 regarding employees of admission bodies. (B) The Scheme Employer falls within the definition of a Scheme employer for the purposes of the Regulations. (C) The Admission Body is an admission body as described in [ ] of Schedule 2 to the 2013 Regulations and intends to enter into the Admission Agreement. [ It supplies the [ services ] [ assets ] referenced in the Contract and, in carrying out...