Q&As

Do the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction) have statutory force? If this is breached, how is this enforced? If an employer fails to obtain admitted body status, this will result in the employer having to provide a comparable pension scheme under the Best Value Direction—should the employer provide information about this during the Transfer of Undertakings (Protection of Employment) Regulations 2006 consultation process?

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Published on LexisPSL on 18/01/2019

The following Pensions Q&A provides comprehensive and up to date legal information covering:

  • Do the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction) have statutory force? If this is breached, how is this enforced? If an employer fails to obtain admitted body status, this will result in the employer having to provide a comparable pension scheme under the Best Value Direction—should the employer provide information about this during the Transfer of Undertakings (Protection of Employment) Regulations 2006 consultation process?
  • The Best Value Direction
  • TUPE consultation

Do the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction) have statutory force? If this is breached, how is this enforced? If an employer fails to obtain admitted body status, this will result in the employer having to provide a comparable pension scheme under the Best Value Direction—should the employer provide information about this during the Transfer of Undertakings (Protection of Employment) Regulations 2006 consultation process?

We refer you to the following Practice Notes below which you may find helpful including:

  1. Local government outsourcing—the pension issues

  2. TUPE—an overview for pensions lawyers

The Best Value Direction

In particular, the first Practice Note confirms that the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction), which is made under section 101 of the Local Government Act 2003, has statutory force and must be complied with, although it does not automatically override the terms of an outsourcing contract. However, a key feature of the Best Value Direction

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