The Redundancy Payments Office Holders Regulations 1965

Statutory Instruments

1965 No. 2007

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments Office Holders Regulations 1965

Made

25th November 1965

Laid before Parliament

3rd December 1965

Coming into Operation

6th December 1965

The Minister of Labour in exercise of the powers conferred on him by section 49 of the Redundancy Payments Act 1965 and of all other powers enabling him in that behalf hereby makes the following Regulations:—

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Redundancy Payments Office Holders Regulations 1965 and shall come into operation on 6th December 1965.

(2) These Regulations shall not extend to Scotland.

Interpretation

2.  The Interpretation Act 1889 applies to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Application of Act to certain office holders

3.—(1) Subject to the provisions of paragraph (2) of this Regulation, the provisions of the Redundancy Payments Act 1965 shall have effect in relation to each of the employments specified in paragraph (3) of this Regulation, other than an employment of a description falling within paragraphs (a) to (d) of section 41(1) of that Act or employment such that redundancy fund contributions are not payable under Part II thereof in respect of persons engaged therein, as if—

(a) it were employment within the meaning of section 25(1) thereof, and

(b) any person engaged in such employment were an employee within the meaning of the said section 25(1), and

(c) the person who is, or is treated as, his employer for the purposes of the National Insurance Acts, as defined in section 36(1) of the said Act of 1965, were his employer within the meaning of the said section 25(1);

and any reference to “employment,” “employee” or “employer” in any provision of the Contracts of Employment Act 1963 applied for the purposes of the said Act of 1965 shall be construed accordingly.

(2) For the purpose of the application by virtue of this Regulation of the said Act of 1965 to a person who is not employed under a contract of employment any reference in the said Act of 1963 or 1965—

(a) to a contract of employment shall be construed as a reference to the terms and conditions under which he is employed;

(b) to a notice given by the employer terminating the contract of employment shall be construed as including a notice terminating the employment given by any person empowered to give such a notice.

(3) The employments to which the said Act of 1965 applies are as follows:—

(a) clerk of the peace or deputy clerk of the peace;

(b) justices' clerk;

(c) constable of the British Airports Authority constabulary;

(d) superintendent registrar or deputy superintendent registrar, registrar or deputy registrar of births and deaths;

(e) rent officer or deputy rent officer appointed under the Rent Act 1965;

(f) medical inspector of aliens appointed under the Aliens Order 1953(1) or medical inspector appointed under the Commonwealth Immigrants Act 1962.

R. J. Gunter

Minister of Labour

Dated 25th November 1965

EXPLANATORY NOTE

These Regulations apply, with the necessary modifications, the Redundancy Payments Act 1965 to the office holders specified therein.

(1)

(1953 I, p. 94).