Request to Speak at the Cabinet 8th June 2016


Q1 a) Local Government Pension Scheme Regulations(LGPS) and the Future of the Learning Disability Service (LDPS): Now that the government has started a consultation (see link below and paragraph 3 is quoted) – with proposed regulations to provide that all transferring staff can remain in the Local Government Pension Scheme (LGPS) – which is the clear intention of the government – will you now confirm that Dimensions UK has accepted Admitted Body Status and all current LGPS members in the existing Somerset County Council Learning Disability Provider Service (LDPS) can remain in the LGPS if transferred?


Proposal (paragraph 3 page 9)


“3. In local government, the Best Value Staff Transfers (Pensions Direction) 2007 sets out the current level of pension protection for employees of English best value authorities (and Welsh police authorities) where the provision of services are contracted out, and staff transferred under TUPE to an independent provider. The Pensions Direction ensures that the employee has the right to acquire pension benefits that are the same as or count as being broadly comparable to or better than those that he had as an employee of the authority. It is now proposed that the 2013 Regulations will contain provisions to permit all transferring members to remain in the Scheme. The Pensions Direction will be revoked in due course and the associated primary legislation will be repealed.” (our highlight)


Q1 b) Does SCC agree with the proposed amendments to the regulations and will SCC be contributing to the consultation?


Q2 The Public Finance Newsletter 1st June 2016) has recently noted that “Two thirds of councils do not routinely consider social value in their commissioning decisions, despite a duty to do so, a report has found.  Social Enterprise UK found that only 33% councils in England regularly consider social value in their procurement and commissioning. This is despite the Public Services (Social Value Act) placing a duty on public bodies in England and Wales to consider how the services they commission and procure might improve the economic, social and environmental wellbeing of the area.” Does SCC ensure that the duty is applied comprehensively throughout all its commissioning and procurement activities?



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