The Local Government (Early Termination of Employment) (Discretionary Compensation)(England and Wales) Regulations 2000

Regulation 35

SCHEDULE 5 CONSEQUENTIAL AMENDMENTS

1.  In regulation 2(c) of the Education (Polytechnics and Colleges Funding Council) (Prescribed Expenditure) Regulations 1991(1), for “Parts II and III of the Local Government (Discretionary Payments) Regulations 1996”, substitute “Parts II to V of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”.

2.  In the 1995 Regulations—

(a) in regulations B18(8) and B19(1)(a)(2), for “regulation 8 of the Local Government (Discretionary Payments) Regulations 1996”, substitute “regulation 7 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”; and

(b) in regulation B19(2)(a), for “Part III of the Local Government (Discretionary Payments) Regulations 1996”, substitute “Part IV of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”.

3.  In the Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995(3)—

(a) in regulation 4—

(i) at the end of paragraph (c), for “or Part III of the Local Government (Discretionary Payments) Regulations 1996”, substitute “or Part IV of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”; and

(ii) in paragraph (d), for “Part IV of the Local Government (Discretionary Payments) Regulations 1996”, substitute “Part III of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”; and

(b) in regulation 8(2)—

(i) in paragraph (a), for “or Part III of the Local Government (Discretionary Payments) Regulations 1996”, substitute “or Part IV of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”; and

(ii) in paragraph (b), for “Part IV of the Local Government (Discretionary Payments) Regulations 1996”, substitute “Part III of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”.

4.  In regulation 3 of the Local Government Pension Scheme (Augmentation) Regulations 1995(4), for the words in paragraph (3) after “the 1982 Regulations,” substitute—

• “which could have been taken under those Regulations if paragraph (2) had had effect at that time, then, for the purposes of regulations B18 and B19 of the principal Regulations, regulation 52 of the Local Government Pension Scheme Regulations 1997 and Part IV of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000, that action shall be deemed to have been taken under the corresponding provision of the 1982 Regulations or, as the case may be, that Part IV”.

5.  In paragraph (3)(b) of regulation 12 (claims etc. in connection with contracts of employment) of the Local Government Changes for England (Miscellaneous Provision) Regulations 1996(5), for “Part IV of the Local Government (Discretionary Payments) Regulations 1996”, substitute “Part III of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”.

6.  In the Pension Regulations—

(a) in paragraph (9) of regulation 52 (power of employing authority to increase total membership of members leaving employment at or after 50), by the insertion, immediately before “in respect of a cessation”, of “or regulation 8 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”;

(b) in paragraph (2)(a) of regulation 143 (conversion of periods credited under Discretionary Payments Regulations etc. into membership), by the insertion, immediately before “with a period”, of “or Part IV of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000”.

(1)

S.I. 1991/2307, amended by S.I. 1996/1680.

(2)

Regulations B18 and B19 were inserted by S.I. 1995/2953 and amended by S.I. 1996/1680.

(3)

S.I. 1995/2837, amended by S.I. 1996/1680.

(4)

S.I. 1995/2953, amended by S.I. 1996/1680.

(5)

S.I. 1996/330, amended by S.I. 1996/1680.