On 1 November 2020 the LGA updated its webpage on exits following the publication of the Direction, Guidance and Equalities Impact Assessment accompanying the Exit Cap Regulations. 

A link to the relevant webpage is provided here: https://www.local.gov.uk/reform-local-government-exit-payments 

It reflects the current position as understood from the information available and in light of the commentary provided by the LGPS Advisory Board in relation to the apparent legal inconsistency between the Cap Regulations and the LGPS rules which, until MHCLG complete their consultation, are unamended. 

There are a number of outstanding issues, notably around the treatment of exits in progress.  MHCLG have said they will issue guidance to councils on this is still awaited.  

We are also aware of four pre-action letters relating to potential judicial review of the Exit Cap Regulations being submitted to HMT but as things stand the Exit Cap Regulations will come into force on 4 November and it looks unlikely that the LGPS Regulations will be amended before the New Year. 

Authorities with exits due to take place after the 4 November are strongly urged to take legal advice on how best to proceed.

We will continue to keep you as informed and updated as quickly as possible when there are any further developments, information or advice available.