Draft Regulations laid before Parliament under section 161(4) of the Small Business, Enterprise and Employment Act 2015, for approval by resolution of each House of Parliament.

2020 No. 000

Employment

The Restriction of Public Sector Exit Payments Regulations 2020

Made

Coming into force in accordance with regulation 1(2)

The Treasury make the following Regulations in exercise of the powers conferred by sections 153A(1), (2), (4) and (8)(a), 153B(1)(c), 153C(5) and 8(a) and 161(2) of the Small Business, Enterprise and Employment Act 20151.

A draft of these Regulations has been laid before Parliament and has been approved by a resolution of each House of Parliament in accordance with section 161(4) of that Act.

Citation and commencement1

1

These Regulations may be cited as the Restriction of Public Sector Exit Payments Regulations 2020.

2

These Regulations come into force on the twenty first day after the day on which they are made.

Interpretation2

In these Regulations–

  • “the Act” means the Small Business, Enterprise and Employment Act 2015;

  • “ACAS” means the Advisory, Conciliation and Arbitration Service;

  • “ACAS Arbitration Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration (Great Britain) Order 20042;

  • “conciliation agreement” means any agreement to refrain from instituting or continuing legal proceedings where an ACAS conciliation officer has taken any action under any of sections 18A to 18C of the Employment Tribunals Act 19963;

  • “exit payment” means a payment of a description prescribed in regulation 5(2);

  • “exit payment cap” means the amount for the time being specified in section 153A(1) of the Act;

  • “financial year” means each period of 12 months ending on 31 March;

  • “fire and rescue authority” means the authority determined under section 1 or established under sections 2 or 4 of the Fire and Rescue Services Act 20044;

  • “hours worked” by a person means the normal working hours in a period of a month the person is required to work under a contract of employment in respect of an employee or under the terms of appointment to an office in respect of an office-holder;

  • “local authority” means–

    1. a

      a county council;

    2. b

      in relation to Wales only, a county borough council;

    3. c

      a district council;

    4. d

      a London borough council;

    5. e

      the Common Council of the City of London in its capacity as a local authority; or

    6. f

      the Council of the Isles of Scilly;

  • “redundancy” has the meaning in section 139 of the Employment Rights Act 19965;

  • “relevant authority” means–

    1. a

      a body listed in the Schedule; or

    2. b

      a body responsible for determining the level of remuneration payable to the holder of a public office listed in Part 2 of the Schedule;

  • “relevant Minister” means either–

    1. a

      a Minister of the Crown; or

    2. b

      in relation to a relevant Welsh exit payment, the Welsh Ministers;

  • “relevant public sector exit” means a situation where–

    1. a

      an employee leaves the employment of a relevant authority listed in Part 1 of the Schedule; or

    2. b

      an office-holder leaves an office listed in Part 2 of the Schedule;

  • “relevant redundancy payment” means–

    1. a

      a payment to a person of statutory redundancy pay to which the person is entitled under section 135 of the Employment Rights Act 19966; or

    2. b

      in a case where a person is not, solely as a result of section 159 of that Act, entitled to statutory redundancy pay, a payment to the person of an amount equivalent to the statutory redundancy pay to which the person would have been entitled but for section 159 of that Act;

  • “salary” in respect of any employment or service in an office means the annual value of remuneration, including any benefit in kind, a person was entitled to receive under a contract of employment in respect of the employment or office or under the terms of appointment to an office in respect of the office, on the date that the person left the employment or ceased to hold the office;

  • “settlement agreement” means any agreement to refrain from instituting or continuing legal proceedings which satisfies the conditions in section 203(3) of the Employment Rights Act 19967;

  • “statutory redundancy pay” means an amount calculated in accordance with section 162 of the Employment Rights Act 19968;

Restrictions on exit payments

3

Subject to regulations 5, 6 and 7–

a

a relevant authority must not make an exit payment to a person which exceeds the exit payment cap in respect of a relevant public sector exit;

b

where two or more relevant public sector exits occur in respect of the same person within any period of 28 consecutive days, the total amount of the exit payments made to that person in respect of those exits must not exceed the exit payment cap.

4

For the purposes of regulation 3(b), the exit payments are to be treated as having been paid in the following sequence–

a

where the relevant public exits do not occur on the same day, in chronological order;

b

in any other case, in the following order–

i

in descending order of salary;

ii

where the salaries are equal, in the descending order of hours worked;

iii

where the salaries and hours worked are equal, in descending order of the person’s length of the service in the employment or as holder of the office; or

iv

where the salaries, hours worked and length of service in the employment or as holder of the office are equal, in the order determined by the relevant Minister.

Exit payments5

1

In this regulation a reference to an exit payment made to a person includes a reference to an exit payment made in respect of that person to another person.

2

The following descriptions of payment are exit payments, unless the payment falls within regulation 6–

a

subject to regulation 7, any payment on account of dismissal by reason of redundancy;

b

any payment to reduce or eliminate an actuarial reduction to a pension on early retirement or in respect to the cost to a pension scheme of such a reduction not being made;

c

any payment pursuant to an award of compensation under the ACAS arbitration scheme or a settlement or conciliation agreement;

d

any severance payment or ex gratia payment;

e

any payment in the form of shares or share options;

f

any payment on voluntary exit;

g

any payment in lieu of notice due under a contract of employment;

h

any payment to extinguish any liability to pay money under a fixed term contract;

i

any other payment, whether under a contract of employment or otherwise, in consequence of termination of employment or loss of office.

Payments exempt from restriction6

The following descriptions of payment are not exit payments—

a

any payment in respect of death in service;

b

any payment in respect of incapacity as a result of accident, injury or illness;

c

any payment under–

i

rule B7(5A), Schedule 2 to the Firemen’s Pension Scheme Order 19929 where the relevant fire and rescue authority has determined that an individual be paid a lump sum;

ii

rule 6, Part 3, Schedule 1 to the Firefighters’ Pension Scheme (England) Order 200610 where the relevant fire and rescue authority has determined that an individual should be retired with an early retirement pension initiated by that authority in accordance with the Addendum to the Fire and Rescue National Framework for England on firefighters’ fitness prepared in accordance with section 21 of the Fire and Rescue Services Act 200411;

iii

rule 6, Part 3, Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 200712 where the relevant fire and rescue authority has determined that an individual should be retired with an early retirement pension;

iv

regulation 62 of the Firefighters’ Pension Scheme (England) Regulations 201413 where the relevant fire and rescue authority has determined that an individual should be retired with an early retirement pension initiated by that authority in accordance with the Addendum to the Fire and Rescue National Framework for England on firefighters’ fitness prepared in accordance with section 21 of the Fire and Rescue Services Act 200414;

v

regulation 71 of the Firefighters’ Pension Scheme (Wales) Regulations 2015 (employer initiated retirement)15 where the relevant fire and rescue authority has determined that an individual should be retired with an early retirement pension initiated by the authority;

d

any service award to a member of the judiciary in accordance with the determination of the Lord Chancellor dated 31 March 200616;

e

any payment in respect of annual leave due under a contract of employment but not taken;

f

any payment in compliance with an order of a court or tribunal;

g

any payment in lieu of notice due under a contract of employment that does not exceed one quarter of the relevant person’s salary.

Prohibition on reduction of statutory redundancy pay or equivalent7

1

A relevant authority must not reduce the amount of a relevant redundancy payment in respect of a relevant public sector exit.

2

Accordingly, if–

a

a person is entitled to a relevant redundancy payment and one or more other exit payments in respect of a relevant public sector exit; and

b

the total amount of the exit payments in respect of the exit would exceed the exit payment cap,

the relevant authority must reduce the amount of one or more of the other exit payments.

3

Where this regulation applies, a payment of a relevant redundancy payment by a relevant authority may cause the total amount of exit payments payable to the person to exceed the exit payment cap, but only if all other exit payments by the relevant authority to which the person would, but for these Regulations, have been entitled to have been reduced to zero.

Payments made in connection with early retirement8

1

Where these Regulations prevent a relevant authority from making an exit payment of the type described in regulation 5(2)(b) which exceeds the exit payment cap in respect of a person, the relevant authority must, as an alternative, make to that person or in respect of that person to another person, a payment of an amount not exceeding the amount of that exit payment.

2

This regulation is subject to regulation 3(a).

Requirement to inform9

1

This regulation applies to a person–

a

who has left employment or office in circumstances amounting to a relevant public sector exit; and

b

who is entitled to receive an exit payment in respect of that relevant public sector exit.

2

The person must on or as soon as reasonably practicable after the day on which the exit occurs inform in writing all relevant authorities of which the person is an employee or which are responsible for determining the level of remuneration payable to that person in respect of a public office listed in the Schedule of which the person is an office-holder –

a

that the person is entitled to an exit payment;

b

the type of exit payment;

c

the amount of the exit payment;

d

the date that the person left the employment or office to which the exit payment relates; and

e

the identity of the relevant authority that is obliged or otherwise undertakes to make the exit payment.

Relaxation of the restriction10

The power in section 153C(1) of the Act (relaxation of restriction) is exercisable, in relation to exit payments made by—

a

a devolved Welsh authority, by the Welsh Ministers instead of by a Minister of the Crown;

b

a local authority in England, by the full council of that local authority;

c

a fire and rescue authority in England, by the fire and rescue authority; and

d

the Greater London Authority, by the London Assembly.

Power to relax to be exercised following compliance with Treasury directions or with consent11

1

The power in section 153C(1) of the Act must not, unless it is exercised with the consent of the Treasury, be exercised without compliance with any directions given by the Treasury applicable to the exercise of the power.

2

This regulation does not apply in relation to payments made by a devolved Welsh authority.

Duties to keep records and publication requirements in respect of relaxation of the restriction12

1

A person who exercises the power in section 153C(1) of the Act must keep a written record of–

a

the fact the power has been exercised;

b

the name of the person in respect of whom the power was exercised;

c

the amount and type of the exit payment in respect of which the power was exercised;

d

the date on which the power was exercised; and

e

the reasons why the power was exercised.

2

A record under paragraph (1) must be kept for 3 years beginning with the day on which the decision is taken to exercise the power in section 153C(1) of the Act.

3

At the end of each financial year in which the power in section 153C(1) of the Act was exercised, each relevant authority which has exercised the power must publish details of—

a

the amounts and types of exit payments made by the relevant authority in respect of which the power was exercised;

b

the dates on which the power was exercised; and

c

the reasons why the power was exercised.

Name 1
Name 2Two of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULE

Regulation 2(a)

PART 1PUBLIC SECTOR AUTHORITIES

England

A body corporate established pursuant to an order under section 67 of the Local Government Act 198517

A chief constable for an area in England

A clinical commissioning group established under section 14D of the National Health Service Act 200618

A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 200919

A county council or borough council in England

A Special Health Authority established under section 28 of the National Health Service Act 2006

A district council

A fire and rescue authority as determined under section 1 of the Fire and Rescue Services Act 2004 or established under sections 2 or 4 of that Act

A joint authority established under section 26 or 28 of the Local Government Act 1985

A joint board which is continued in being by virtue of section 263(1) of the Local Government Act 197220for an area in England

A London Borough Council

A National Health Service Foundation Trust authorised under section 35 of the National Health Service Act 2006

A National Park authority established by an order under section 63 of the Environment Act 199521

A National Health Service trust established under section 25 of National Health Service Act 2006 all or most of whose hospitals, establishments and facilities are situated in England

A parish council

A police and crime commissioner for a police area in England

A police force maintained under section 2 of the Police Act 199622

A port health authority

A waste disposal authority as defined by section 30(2) of the Environmental Protection Act 199023

Advisory, Conciliation and Arbitration Service

Agriculture and Horticulture Development Board

An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009

Animal and Plant Health Agency

Architects Registration Board

Armed Forces Covenant Trust

Arts Council England

Assure Dialysis Services Limited

Attorney General’s Office

Bank of England

Barnsley Hospital Support Services

BBC World Service and its subsidiaries

Big Lottery Fund

Birmingham Organising Committee for the 2022 Commonwealth Games Limited

Boundary Commission for England

Boundary Commission for Northern Ireland

Boundary Commission for Scotland

Boundary Commission for Wales

BPDTS Limited

British Broadcasting Corporation

British Business Bank Plc and its subsidiaries

British Council

British Film Institute

British Library

British Museum

British Screen Finance Limited

British Tourism Authority

British Transport Police Authority

British Wool Marketing Board

Cabinet Office

Canal and River Trust

Care Quality Commission

Centre for Environment, Fisheries and Aquaculture Science

Channel Four Television Corporation Limited

Charity Commission

Charter Trustees constituted under section 246(4)(a) of the Local Government Act 197224of an area in England

Children and Family Court Advisory and Support Service

Churches Conservation Trust

City of London Police

Civil Aviation Authority

Civil Nuclear Police Authority

Civil Service Commission

Coal Authority

College of Policing

Commission for Local Administration in England

Committee on Climate Change

Common Council of the City of London in respect of its capacity as a local authority or police authority or port health authority

Commonwealth Development Corporation

Commonwealth Sponsorship Commission

Commonwealth War Graves Commission

Community Health Partnerships Limited

Companies House

Competition and Markets Authority

Competition Service

Construction Industry Training Board

Consumer Council for Water

Council of the Isles of Scilly

Covent Garden Market Authority

Criminal Cases Review Commission

Criminal Injuries Compensation Authority

Crossrail International

Crown Commercial Service

Crown Prosecution Service

D-Hive

Day Care UK LLP

Defence Electronics and Components Agency

Defence Equipment and Support

Defence Science and Technology Laboratory

Department for Business, Energy and Industrial Strategy

Department for Digital, Culture, Media and Sport

Department for Education

Department for Environment, Food and Rural Affairs

Department for International Development

Department for International Trade

Department for Transport

Department for Work and Pensions

Department of Health and Social Care

DfT OLR Holdings Limited

Direct Rail Services Limited

Directly Operated Railways Limited

Disclosure and Barring Service

Docklands Light Railway Limited

Dounreay Site Restoration Limited

Driver and Vehicle Licensing Agency

Driver and Vehicle Standards Agency

Dudley Clinical Services Limited

Duke of York’s Royal Military School

East West Railway Company Limited

Education and Skills Funding Agency

Electricity Settlements Company Limited

Engineering Construction Industry Training Board

Enrichment Investments Limited

Enrichments Holdings Limited

Environment Agency

Equality and Human Rights Commission

Essentia Trading Limited

FCO Services

Financial Conduct Authority

Financial Ombudsman Service

Financial Reporting Council

First Rate Exchange Services Holdings Limited

Flood Re

Food Standards Agency

Foreign and Commonwealth Office

Forensic Science Service

Forestry Commission

Gambling Commission

Gangmasters and Labour Abuse Authority

Geffrye Museum

General Chiropractic Council

General Dental Council

General Medical Council

General Optical Council

General Osteopathic Council

General Pharmaceutical Council

Genomics England Limited

Government Actuary’s Department

Government Equalities Office

Government Internal Audit Agency

Government Legal Department

Government Property Agency

Great Britain-China Centre

Greater London Authority

Groundwork UK

GTI Forces Healthcare Limited

Guy’s and St Thomas’ Enterprises Limited

Hampshire Hospitals Contract Services Limited

Health and Care Professions Council

Health and Safety Executive

Health and Social Care Information Centre

Health Education England

Health Research Authority

Healthcare Facilities

Healthwatch England

Her Majesty’s Prison and Probation Service

Her Majesty’s Revenue and Customs

High Speed Two (HS2) Limited

Highways England Company Limited

Historic England

Historic Royal Palaces Enterprises Limited

Historic Royal Palaces Trust

HM Courts & Tribunals Service

HM Land Registry

HM Treasury

Home Office

Homes England

Horniman Public Museum and Public Park Trust

Horserace Betting Levy Board

Horticultural Development Company Limited

Housing Ombudsman Service

Human Fertilisation and Embryology Authority

Human Tissue Authority

IFM Bolton

Imperial War Museum

Independent Commission for Aid Impact

Independent Office for Police Conduct

Independent Reconfiguration Panel

Information Commissioner’s Office

Infrastructure and Projects Authority

Institute for Apprenticeships

Intellectual Property Office

International Nuclear Services Limited

Investigatory Powers Commissioner’s Office

Investigatory Powers Tribunal

Jobcentre Plus

Joint Nature Conservation Committee

Judicial Appointments Commission

KCH Commercial Services

King’s Interventional Facilities Management LLP

Leasehold Advisory Service

Lees Valley Regional Park Authority

Legal Aid Agency

Legal Services Board

Local Government Boundary Commission for England

Local Partnerships LLP

LocatED

London and Continental Railways

London Bus Services Limited

London River Services Limited

London Transport Museum (Trading) Limited

London Underground Limited

Low Carbon Contracts Company Limited

Low Level Waste Repository

Magnox Limited

Marine Management Organisation

Maritime and Coastguard Agency

Marshall Aid Commemoration Commission

Mayor’s Office for Policing and Crime

Medicines and Healthcare products Regulatory Agency

Meteorological Office

Migration Advisory Committee

Ministry of Defence

Ministry of Housing, Communities and Local Government

Ministry of Justice

Money Advice Service

Money and Pensions Service

Monitor

Moorfields Ventures LLP

MRC Technology Limited

MyUCLH

National Archives

National Army Museum

National Audit Office

National Citizen Service

National Crime Agency

National Employment Savings Trust (NEST) Corporation

National Forest Company

National Gallery

National Heritage Memorial Fund

National Infrastructure Commission

National Institute for Health and Care Excellence

National Lottery Heritage Fund

National Maritime Museum

National Museum of the Royal Navy

National Museums Liverpool

National Nuclear Laboratory Limited

National Physical Laboratory

National Portrait Gallery

National Savings and Investments

Natural England

Natural History Museum

NDA Archives Limited

NDA Properties Limited

Network Rail Limited

NHS Digital

NHS England

NHS Improvement

NHS Professionals

NHS Property Services Limited

Northern Ireland Human Rights Commission

Northern Ireland Office

Northumbria Healthcare Facilities Limited

Northumbria Primary Care Cost Sharing Group Limited

Northumbria Primary Care Limited

Nuclear Decommissioning Authority

Odstock Medical Limited

Office for Budget Responsibility

Office for Communications Data Authorisations

Office for Legal Complaints

Office for National Statistics

Office for Nuclear Regulation

Office for Standards in Education, Children’s Services and Skills

Office for Students

Office of Communications

Office of Gas and Electricity Markets

Office of Manpower Economics

Office of Qualifications and Examinations Regulations

Office of Rail and Road

Office of the Children’s Commissioner

Office of the Commissioner for Public Appointments

Office of the Immigration Services Commissioner

Office of the Leader of the House of Commons

Office of the Leader of the House of Lords

Office of the Parliamentary Commissioner and Health Service Commissioners

Office of the Public Guardian

Office of the Registrar of Consultant Lobbyists

Oil and Gas Authority

Oil and Pipelines Agency

Optimus Health Limited

Ordnance Survey

Parades Commission for Northern Ireland

Parole Board

Pathology Services Limited

Pension Protection Fund

Pharmacy @QEBH Limited

Phone-paid Services Authority

Pool Re

Port of London Authority

Porton Biopharma Limited

Post Office Limited

Professional Standards Authority for Health and Social Care

Prudential Regulation Authority

Public Health England

QEF

Queen Elizabeth II Conference Centre

Radioactive Waste Management Limited

Rail for London Limited

Regulator of Social Housing

Reserve Forces and Cadets Associations

Royal Air Force Museum

Royal Armouries

Royal Docks Management Authority

Royal Hospital Chelsea

Royal Mint

Royal Museums Greenwich

RSCH Pharmacy Limited

Rural Payments Agency

Salisbury Trading Limited

Science Museum Group

SCMG Enterprises Limited

Scotland Office

SDH Developments Limited

Sea Fish Industry Authority

Security Industry Authority

Sellafield Limited

Sentencing Council for England and Wales

Serious Fraud Office

Single Source Regulations Office

Sir John Soane’s Museum

Small Business Commissioner

Social Work England

South Central Fleet Services Limited

South Tees Site Company Limited

South Tyneside Integrated Care Limited

Sport England

Sport Grounds Safety Authority

Sports Council Trust Company

Standards and Testing Agency

Stepping Hill Healthcare Enterprises Limited

STFT Holdings Limited

Student Loans Company

Submarine Delivery Agency

Supply Chain Coordination Limited

Supreme Court of the United Kingdom

Symphony Healthcare Services

Synchronicity Care Limited

Tate Gallery

Teaching Regulation Agency

Transport for London

The Academy Trust of a non-maintained special school that is an academy in England

The Board of Trustees of the Royal Botanic Gardens, Kew

The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 198825

The Commissioners of the Northern Lighthouses

The Crown Estate

The Ebbsfleet Development Corporation

The English Heritage Trust

The governing body as the employer of staff in community schools, community special schools, pupil referral units, maintained nursery schools, and voluntary controlled schools in England

The Insolvency Service

The Judicial Office

The local authority as the employer of staff in foundation schools, foundation special schools, and voluntary aided schools in England

The London Pensions Fund Authority

The Metropolitan Police Service

The NESTA Trust

The NHS Confederation

The Nursing and Midwifery Council

The Pensions Ombudsman/The Pension Protection Fund Ombudsman

The Pensions Regulator

The Planning Inspectorate

The proprietor of a non-maintained special school that is not an academy but is approved under section 342 of the Education Act 199626in England

The proprietor of Academies (as defined by section 1 of the Academies Act 201027) covering academy schools, alternative provision academies, 16-19 academies, city technology colleges and city colleges for the technology of the arts in England

The Royal Parks

The S4C Welsh Fourth Channel

Tramtrack Croydon Limited

Transport Focus

Transport for the North

Tribunal Procedure Committee

Trinity House

UHB Facilities Limited

UHS Estates Limited

UHS Pharmacy Limited

UK Anti-Doping

UK Asset Resolution Limited

UK Atomic Energy Authority

UK Debt Management Office

UK Export Office

UK Government Investments Limited

UK Hydrographic Office

UK Research and Innovation

UK Shared Business Services Limited

UK Space Agency

UK Sport

UK Statistics Authority

United Kingdom Reserve Forces Association

V&A Museum

Valuation Office Agency

Valuation Tribunal Service

Vehicle Certification Agency

Veterinary Medicines Directorate

Victoria Coach Station Limited

VisitBritain

Wales Office

Wallace Collection

Water Services Regulation Authority

WebV Solutions Limited

Westminster Foundation for Democracy

Wilton Park

Youth Justice Board for England and Wales

Wales

A community council in Wales established under Part II of the Local Government Act 1972

A county and county borough council established under section 20 of the Local Government Act 1972

A cross-border Special Health Authority/a Special Health Authority established under section 22 of the National Health Service (Wales) Act 200628

A fire and rescue authority as determined under section 1 of the Fire and Rescue Services Act 200429or established under sections 2 or 4 of that Act, for an area in Wales

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006

A National Park Authority established by an order under section 63 of the Environment Act 1995 / National Park Authorities (Wales) Order 30

An NHS trust established under section 18 of the National Health Service (Wales) Act 2006; all or most of whose hospitals, establishments and facilities are situated in Wales

Arts Council of Wales / Cyngor Celfyddydau Cymru

Cardiff International Airport Limited

Careers Choices Dewis Gyrfa Limited (Trading as Careers Wales)

Design Commission for Wales Limited / Comisiwn Dylunio Cymru

Development Bank of Wales plc / Banc Datblygu Cymru ccc

EAS (Education Achievement Service for South East Wales)

Education Workforce Council / Cyngor y Gweithlu Addysg

Higher Education Funding Council for Wales / Cyngor Cyllido Addysg Uwch Cymru

Meat Promotion Wales Limited/ Hybu Cig Cymru Cyf

Industry Wales (Sector Development Wales Partnership Limited)

International Business Wales

Life Sciences Hub Wales Limited / Hwb Gwyddorau Iechyd Cymru

Local Democracy and Boundary Commission for Wales / Comisiwn Ffiniau a Democratiaeth Leol Cymru

National Academy for Educational Leadership / Academi Genedlaethol ar gyfer Arweinyddiaeth Addysgol

National Library of Wales / Llyfrgell Genedlaethol Cymru

National Museum Wales / Amgueddfa Cymru

Natural Resources Wales / Corff Adnoddau Naturiol Cymru

Qualifications Wales / Cymwysterau Cymru

Royal Commission on the Ancient and Historical Monuments of Wales / Comisiwn Brenhinol Henebion Cymru

Social Care Wales / Gofal Cymdeithasol Cymru

Sport Wales / Chwaraeon Cymru

Sports Council for Wales

The governing body as the employer of staff in Wales in foundation schools, voluntary aided schools, and foundation special schools

The local authority as the employer of staff in Wales in community schools, voluntary controlled schools, community special schools, and maintained nursery schools

The Planning Inspectorate / Yr Arolygiaeth Gynllunio

Transport for Wales / Trafnidiaeth Cymru

Wales Audit Office / Swyddfa Archwilio Cymru

Welsh Community Health Councils

Welsh Development Management Limited

Welsh Government / Llywodraeth Cymru

Welsh Revenue Authority / Awdurdod Cyllid Cymru

Scotland

Accountant in Bankruptcy

Crown Office and Procurator Fiscal Service

Disclosure Scotland

Drinking Water Quality Regulator

Education Scotland

Food Standards Scotland

Forestry and Land Scotland

HM Chief Inspectorate of Prisons in Scotland

HM Chief Inspectorate of Prosecution in Scotland

HM Fire Inspectorate in Scotland

HM Inspectorate of Constabulary in Scotland

National Records of Scotland

Office of the Queen’s Printer

Office of the Scottish Charity Regulator

Registers of Scotland

Revenue Scotland

Scottish Courts and Tribunal Service

Scottish Fiscal Commission

Scottish Forestry

Scottish Government

Scottish Housing Regulator

Scottish Prison Service

Scottish Public Pensions Agency

Social Security Scotland

Student Awards Agency for Scotland

Transport Scotland

PART 2OFFICES

Regulation 2(b)

England

A chief constable

A Local Commissioner in England as defined by section 23(3) of the Local Government Act 197431

A police and crime commissioner

An officer of a police force maintained under section 2 of the Police Act 1996

Biometrics Commissioner

Certification Officer

Chairman of the Criminal Injuries Compensation Board

Chairman of the Parole Board

Chief Surveillance Commissioner

Children’s Commissioner

Commissioner for Countering Extremism

Commissioner for Public Appointments

Deputy Immigration Services Commissioner

Deputy Investigatory Powers Commissioner

Groceries Code Adjudicator

HM Chief Inspector of Constabulary and Fire & Rescue Services

HM Chief Inspector of Education, Children’s Services and Skills

HM Chief Inspector of Prisons

HM Chief Inspector of Probation

HM Crown Prosecution Service Inspectorate

HM Inspectors of Constabulary and Fire & Rescue Services

Independent Chief Inspector of Borders and Immigration

Independent Family Returns Panel

Independent Monitor for the purposes of Part 5 of the Police Act 1997

Interception of Communications Commissioner

Investigatory Powers Commissioner

Judicial Appointments and Conduct Ombudsman

Local Government and Social Care Ombudsman

London Fire Commissioner

Ministers of the Crown

Office of the Assessor of Compensation for Miscarriages of Justice

Parliamentary and Health Service Ombudsman

Pubs Code Adjudicator

Regulator of Community Interest Companies

The Adjudicator’s Office

The Chairman of the Forestry Commission

The Chief Coroner

The Commissioner of Police for the City of London

The Commissioner of Police of the Metropolis

The First Civil Service Commissioner

The Forensic Science Regulator

The Immigration Services Commissioner

The Independent Anti-Slavery Commissioner

The Independent Reviewer of Terrorism Legislation

The Intelligence Services Commissioner

The Judge Advocate General

The Legal Ombudsman

The Office of the person appointed under sections 47H(4), 127H(4), 195H(4) and 290(8) of the Proceeds of Crime Act 200232

The Official Solicitor

The Pensions Ombudsman

The Prisons and Probation Ombudsman

The Qualifications and Examinations Regulators

The Registrar of Consultant Lobbyists

The Registrar of Public Lending Right

The Service Complaints Ombudsman

The Social Fund Commissioner for Great Britain

The Surveillance Camera Commissioner

Victims’ Commissioner

Wales

Children’s Commissioner for Wales /Comisiynydd Plant Cymru

Her Majesty’s Chief Inspector of Education and Training in Wales/Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru

Older People’s Commissioner for Wales/Comisiynydd Pobl Hyn Cymru

The Auditor General for Wales/Archwilydd Cyffredinol Cymru

The Future Generations Commissioner for Wales/Comisiynydd Cenedlaethau’r Dyfodol Cymru

The Public Services Ombudsman for Wales/Ombwdsmon Gwasanaethau Cyhoeddus Cymru

Welsh Language Commissioner/Comisiynydd y Gymraeg

Scotland

Accountant in Bankruptcy

Accountant of Court

Assistant Inspector of the Scottish Fire and Rescue Service

Auditor of the Court of Session

Auditor of the Sheriff Appeal Court

Chief Dental Office of the Scottish Administration

Clerk of the Sheriff Appeal Court

Depute, Assistant or other Clerk in the Justiciary Office of the High Court of Justiciary

Deputy Clerk of the Sheriff Appeal Court

Drinking Water Quality Regulator for Scotland

Her Majesty’s Chief Inspector of Prisons for Scotland

Keeper of the Records of Scotland

Keeper of the Registers of Scotland

Macer in the Court of Session and Macer in the High Court of Justiciary

Offices in the Scottish Administration which are not ministerial offices (read in accordance with section 126(8) of the Scotland Act 199833

Principal Clerk of Justiciary

Principal Clerk of Session and other Clerks or Officers of the Court of Session

Procurator Fiscal

Procurator Fiscal Depute

Queen’s Printer for Scotland

Registrar General of Births, Deaths and Marriages for Scotland

Registrar of Independent Schools

Rent Officer

Sheriff Clerk

Sheriff Clerk Depute

Social Work Inspector

The Queen’s and Lord Treasurer’s Remembrancer

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations restrict a body listed in the Schedule from making a payment of a prescribed description (“exit payment”) exceeding the amount specified in section 153A Small Business, Enterprise and Employment Act 2015 (2015 c.26) (“the cap”) to an employee or office holder in consequence of leaving employment or office (“an exit”) except in the circumstances set out in these Regulations. The cap amount is currently £95,000.

Regulation 3 sets out when the restriction applies in relation to an exit payment, or exit payments arising from multiple exits occurring in a period of 28 consecutive days.

Regulation 4 sets out the sequence in which multiple exit payments are treated as having been paid.

Regulation 5 sets out the types of exit payments that are subject to the restriction and regulation 6 sets out the description of payments that are exempt from the restriction.

Regulation 7 imposes an obligation not to reduce the amount of a statutory redundancy payment or the equivalent payment paid to civil servants or employees of certain prescribed public offices.

Regulation 8 imposes an obligation on a prescribed body to make an alternative type of payment in the event it is prevented from making a payment relating to early retirement by these Regulations.

Regulation 9 imposes an obligation on a person entitled to receive an exit payment to inform other employers or specified bodies in relation to holder of an office of prescribed matters.

Regulations 10 and 11 set the circumstances in which the restriction to make an exit payment in excess of the cap amount may be relaxed and regulation 12 imposes a duty on the body relaxing the restriction to keep records and publish details of prescribed matters.

A full impact assessment has not been provided for these Regulations as no, or no significnat impact on the private, voluntary or public sectors is foreseen.