Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995
| Jurisdiction | UK Non-devolved |
1995 No. 340 (S.13)
LOCAL GOVERNMENT, SCOTLAND
The Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995
Made 15th February 1995
Laid before Parliament 15th February 1995
Coming into force 6th April 1995
The Secretary of State, in exercise of the powers conferred on him by section 24 of the Superannuation Act 19721and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995 and shall come into force on 6th April 1995.
Interpretation
2.—(1) In these Regulations—
“prescribed period” means the period beginning on 6th April 1995 and ending on 31st March 1997;
“reckonable service” has the same meaning as in the 1994 Regulations;
“relevant body” means—
(a) Central Scotland Water Development Board established under section 3 of the Water (Scotland) Act 19672;
(b) a Passenger Transport Executive established under section 9(1) of the Transport Act 19683;
(c) a local authority constituted under section 2 of the Local Government (Scotland) Act 19734;
(d) any of the following established under the Local Government etc. (Scotland) Act 19945:—
(i) an authority established under section 2;
(ii) Strathclyde Passenger Transport Authority established under section 40;
(iii) a body established under section 62(1) (water and sewerage authorities);
(iv) the Scottish Children’s Reporter Administration established under section 128; or
(e) a joint board appointed under any Act or any statutory order or statutory scheme, if all the constituent authorities are local authorities described in sub-paragraphs (c) or (d)(i) above;
“remuneration” has the same meaning as in the 1994 Regulations;
“the Superannuation Regulations” means the Local Government Superannuation (Scotland) Regulations 19876;
“the 1994 Act” means the Local Government etc. (Scotland) Act 1994;
“the 1979 Regulations” means the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 19797;
“the 1994 Regulations” means the Local Government (Compensation for Redundancy) (Scotland) Regulations 19948.
(2) In these Regulations, subject to paragraph (1) of this regulation and unless the context otherwise requires, any expression which is also used in either the 1979 Regulations or the 1994 Regulations has the same meaning as in those Regulations.
(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to be construed as a reference to the regulation that bears that number in these Regulations.
PART II
COMPENSATION
Persons to whom this Part applies
3. This Part applies to an eligible employee who—
(a) ceases during the prescribed period to hold his employment with a relevant body by reason of redundancy or in the interests of the efficient exercise of that body’s functions;
(b) meets the prescribed conditions specified in regulation 4; and
(c) is not a person to whom the provisions of section 13(4) of the 1994 Act apply.
Prescribed conditions
4.—(1) The provisions of the following paragraphs of this regulation are the prescribed conditions for the purposes of regulation 3.
(2) The first condition is that the person is not entitled to have his case considered for the payment of compensation, in respect of loss of employment specified in regulation 3(a), under any instrument within the meaning of Part I of Schedule 2 to the 1979 Regulations.
(3) The second condition is that the person has on the material date—
(a)
(a) attained the age of 18 years but has not attained the age of 50 years and is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 2 years; or
(b)
(b) attained the age of 50.
(4) The third condition is that the relevant body determines that the loss of employment is attributable to any provision of, or made under the 1994 Act.
Computation of compensation
5. Not later than the material date a relevant body—
(a) shall determine to pay the compensation prescribed in regulation 6 to a person who meets the requirements of regulation 6(1);
(b) may determine to pay the compensation prescribed in regulation 7 to a person who meets the requirements of regulation 7(1);
(c) may, subject to regulation 8(3), determine to pay the compensation prescribed in regulation 8 to a person who meets the requirements of regulation 8(1); and
(d) may, subject to regulation 8(3), determine to pay the compensation prescribed in regulation 9 to a person to whom regulation 7 or 8 applies.
General mandatory compensation
6.—(1) This regulation applies to a person to whom this Part applies and who on the material date—
(a)
(a) has attained the age of 18 years but has not attained the age of 50 years and who is entitled to count reckonable service and qualifying service amounting in aggregate to not less than 2 years; or
(b)
(b) has attained the age of 50 years and who is entitled to count reckonable service and qualifying service amounting in aggregate to less than 2 years.
(2) The compensation which a relevant body shall determine to pay under regulation 5(a) shall be the lesser of—
(a)
(a) a sum equivalent to 66 weeks' remuneration; or
(b)
(b) the relevant aggregate sum referred to in paragraph (3) or (4) below.
(3) In the case of cessation of employment before the attainment of age 23, the relevant aggregate sum shall be—
(a)
(a) a sum equivalent to one half week’s remuneration for each complete year of reckonable service on or after attainment of age 18; and
(b)
(b) where such cessation is on or after the attainment of age 20, a sum equivalent to one half week’s remuneration for each complete year of reckonable service on or after the attainment of age 20.
(4) In the case of cessation of employment on or after the attainment of age 23, the relevant aggregate sum shall be—
(a)
(a) a sum equivalent to two weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18; and
(b)
(b) where such cessation is on or after the attainment of age 41, a sum equivalent to three weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41.
Discretionary compensation for certain persons with 2 or more but less than 5 years' service
7.—(1) This regulation applies to a person to whom this Part applies and who—
(a)
(a) ceases employment on or after the attainment of age 50; and
(b)
(b) is entitled to count reckonable service and qualifying service amounting in aggregate to 2 or more but less than 5 years.
(2) The compensation which a relevant body may determine to pay under regulation 5(b) shall be the aggregate of—
(a)
(a) a sum equivalent to one and one half weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18;
(b)
(b) a sum equivalent to two and one half weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41; and
(c)
(c) a sum equivalent to one half week’s remuneration.
(3) No compensation prescribed in this regulation, or in regulation 9 in respect of a person to whom this regulation applies, shall be...
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