The Local Government Pension Scheme (Pooling, Management and Investment of Funds) Regulations 2026
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Change 1
9 Directions by the Secretary of State - participation
(1) Subject to paragraphs (2) and (3), the Secretary of State may make a direction requiring— (a) that an authority specified in the direction must participate in an asset pool company specified in the direction; (b) that an authority specified in the direction must stop participating in an asset pool company specified in the direction; (c) that an asset pool company specified in the direction (and any authority already participating in that asset pool company) must take the steps specified in the direction to enable another authority to comply with a direction made under sub-paragraph (a) or (b). (2) A direction may only be made under this regulation where the Secretary of State considers that the direction which is to be made is in the best interests of— (a) any Scheme employer, or member of the Scheme, in respect of which the authority is the appropriate administering authority under Part 2 of Schedule 3 to the 2013 Regulations (pension funds), (b) any other authorities participating in the asset pool company which that authority is to be directed to leave or join, (c) any Scheme employer, or member of the Scheme, in respect of which an authority specified in sub-paragraph (b) is the appropriate administering authority, or (d) the Scheme as a whole. (3) Before making a decision whether to make a direction under this regulation, the Secretary of State must consult— (a) any asset pool company or authority that the Secretary of State intends to specify in the direction, (b) any authority participating in an asset pool company falling within sub-paragraph (a), and (c) any other person whom the Secretary of State considers that it would be appropriate to consult. (4) Where the Secretary of State considers that additional information is required in order to decide whether to make a direction under this regulation, or what the direction should require, the Secretary of State may carry out such enquiries as the Secretary of State considers appropriate to obtain that information. (5) An authority or asset pool company must comply with any request from the Secretary of State intended to facilitate the obtaining of information under paragraph (4).
9 Directions by the Secretary of State - participation
(1) Subject to paragraphs (2) and (3), the Secretary of State may make a direction requiring— (a) that an authority specified in the direction must participate in an asset pool company specified in the direction; (b) that an authority specified in the direction must stop participating in an asset pool company specified in the direction; (c) that an asset pool company specified in the direction (and any authority already participating in that asset pool company) must take the steps specified in the direction to enable another authority to comply with a direction made under sub-paragraph (a) or (b). (2) A direction may only be made under this regulation where the Secretary of State considers that the direction which is to be made is in the best interests of— (a) any Scheme employer, or member of the Scheme, in respect of which the authority is the appropriate administering authority under Part 2 of Schedule 3 to the 2013 Regulations (pension funds), (b) any other authorities participating in the asset pool company which that authority is to be directed to leave or join, (c) any Scheme employer, or member of the Scheme, in respect of which an authority specified in sub-paragraph (b) is the appropriate administering authority, or (d) the Scheme as a whole. (3) Before making a decision whether to make a direction under this regulation, the Secretary of State must consult— (a) any asset pool company or authority that the Secretary of State intends to specify in the direction, (b) any authority participating in an asset pool company falling within sub-paragraph (a), and (c) any other person whom the Secretary of State considers that it would be appropriate to consult. (4) Where the Secretary of State considers that additional information is required in order to decide whether to make a direction under this regulation, or what the direction should require, the Secretary of State may carry out such enquiries as the Secretary of State considers appropriate to obtain that information. (5) An authority or asset pool company must comply with any request from the Secretary of State intended to facilitate the obtaining of information under paragraph (4).
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