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The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

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Compensation not assignable

13.—(1) Any assignment of, or charge on, or any agreement to assign or charge, any right to compensation under these Regulations is void.

(2) On the bankruptcy or sequestration of an entitled officer, no part of the compensation shall be paid to any trustee or other person acting on behalf of the creditors, except as provided for in paragraph (3).

(3) Where, following the bankruptcy or sequestration of an entitled officer, the court makes an order under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985(1) or an income payments order under section 310 of the Insolvency Act 1986(2) that requires the Scottish Ministers to pay all or part of the compensation to the entitled officer’s trustee in bankruptcy, the Scottish Ministers shall comply with that order.

(1)

1985 c. 66. Section 32 was amended by paragraph 6 of Schedule 5 to the Child Support Act 1991 (c. 48), by paragraph 14 of Schedule 3 to the Pensions Act 1985 (c. 26), and by paragraph 1 of Schedule 2 to the Welfare Reform and Pensions Act 1999 (c. 30).

(2)

1986 c. 45. Section 310 was amended by paragraph 15 of Schedule 3 to the Pensions Act 1995 (c. 26), by paragraph 2 of Schedule 2 to the Welfare Reform and Pensions Act 1999 (c. 30), and by section 259 of, and Schedule 26 to, the Enterprise Act 2002 (c. 40).

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