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The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Amendment Regulations 2000

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Citation, commencement and effect

1.  These Regulations may be cited as the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Amendment Regulations 2000 and shall come into force on 7th April 2000 but regulation 4 shall have effect from 4 March 1998 and regulation 5 shall have effect from 1 April 1998.

Amendment of Regulations

2.  The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998(1) (in these Regulations referred to as “the principal Regulations”) shall be amended in accordance with regulations 3 to 9 below.

Power to award credited period for compensation purposes

3.  In regulation 8(7) for the words from “in terms of regulation 5(c) or (d)” to the end substitute–

(a)in terms of regulation 5(c) or (d) of the Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995(2); or

(b)in relation to an employment in respect of the cessation of which either–

(i)an additional period of membership may be counted under regulation 51 of the Local Government Pension Scheme (Scotland) Regulations 1998(3); or

(ii)a determination to pay compensation is made under regulation 35(1)..

Limit on annual compensation where entitlement to occupational pension

4.  In regulation 11(2)(b), substitute for the figure “66” the figure “66 2/3”.

Entitlement to surviving spouse’s short-term and long-term compensation

5.  In regulation 20–

(a)in paragraph (4), insert after the words “a surviving spouse who is entitled to short-term or long-term compensation by virtue of this regulation” the words “and who is the surviving spouse of an eligible person who ceased employment before 1st April 1998”;

(b)in paragraph (5), insert after the words “short-term or long-term compensation under this regulation” the words “and is the surviving spouse of an eligible person who ceased employment before 1st April 1998”; and

(c)add as paragraph (6) the following:–

(6) The employing authority may determine by resolution in any case that paragraph (4) or (5), as appropriate, shall not apply..

Paying authority – general

6.  In regulation 31(2), add at the end–

  • within such period (subject to paragraph (4)) and on such terms as the appropriate authority may determine..

Compensation for redundancy

7.  In regulation 34(1)–

(a)for sub-paragraphs (b) and (c) substitute the following:–

(b)in respect of that loss of employment is not disentitled to a redundancy payment under Part XI of the Employment Rights Act 1996(4) by virtue of section 197(3) of that Act (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts) and either–

(i)is not eligible to benefit under Part III; or

(ii)is so eligible but has not been granted a credited period under regulation 8 by his LGSS employer;

(c)has attained the age of 18 on the material date and, unless he has attained the age of 50 on that date, is entitled to count a qualifying employment of at least 2 years;; and

(b)after sub-paragraph (d), add–

;

(e)on the material date has a total period of membership of 40 years or less; and

(f)has not attained the age of 65 on that date..

Determination to pay and computation of compensation

8.  In regulation 35–

(a)in paragraph (1), add at the end–

  • ,

  • but no person may be paid compensation under this regulation in respect of the cessation of an employment in respect of which an additional period of membership may be counted under regulation 51 of the Local Government Pension Scheme (Scotland) Regulations 1998; and

(b)after paragraph (1), insert–

(1A) In any case, the maximum amount shall not exceed one week’s pay for each week (fractions of a week being disregarded) between the material date and the employee’s normal retirement date (or the date which would be his normal retirement date if he were a member of the Scheme)(5)..

Policy statement

9.  After regulation 51, insert–

Policy statement

51A.(1) Each employing authority must formulate and keep under review the policy they intend to apply in the exercise of their discretionary powers in the discharge of their functions under Parts II, III and IV.

(2) Before the end of six months beginning with 7th April 2000 each employing authority shall publish a written statement of the policy which they are to apply in the exercise of such discretionary powers from the date of publication.

(3) Where, as a result of a review under paragraph (1), an employing authority determine to amend their policy, they must publish a written statement of the amended policy before the expiry of one month beginning with the date on which they so determine.

(4) No change in policy shall come into effect until the expiry of one month from the date on which the written statement of the amended policy is published.

(5) In formulating or reviewing their policy under paragraph (1), an employing authority shall–

(a)have regard to the extent to which the exercise of their discretionary powers, unless properly limited, could lead to a serious loss of confidence in the public service; and

(b)be satisfied that the policy is workable, affordable and reasonable having regard to the foreseeable costs..

Retrospective effect

10.  Nothing in these Regulations shall place any individual who is qualified to participate in benefits for which the principal Regulations provide in a worse position than he would have been in if regulation 5 had been framed so as to have effect only from the date of its making.

SAM GALBRAITH

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

13th March 2000

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