The Local Government (Discretionary Payments And Injury Benefits) (Scotland) Amendment Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 29th January 2007, and have effect from 1st December 2006, make further amendments to the Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998 (“the 1998 Regulations”).

Paragraphs (2) and (3) of regulation 2 amend Part III of the 1998 Regulations to remove references to the Redundancy Payments Pensions Regulations 1965, which have been revoked.

Paragraphs (4) to (9) of regulation 2 amend Part IV of the 1998 Regulations, which allows a discretionary compensation lump sum to be paid to certain local government employees who cease to hold employment on grounds of redundancy or in the interest of the efficient exercise of the employer’s functions. These Regulations remove certain age related criteria for eligibility for the payment and amend regulation 35(1) to replace the existing paragraph with one which simply limits the compensation lump sum to one of 66 weeks' pay. This limit is inclusive of any statutory redundancy payment to which the employee is entitled and any additional compensation paid in connection with that statutory redundancy payment under Part II of the 1998 Regulations.

The power to make retrospective provision is found in sections 12(1) and 24(3)(c) of the Superannuation Act 1972.