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Small Business, Enterprise and Employment Act 2015

Public sector exit payments

Section 154: Regulations in connection with public sector exit payments and Section 155 Section 154(1): further provision

851.These sections establish a power to make regulations to require the repayment of a staff exit payment made to a public sector worker in the case that they return to work in the public sector within 12 months. The power can be used to specify which workers, which employers, and which staff exit payments are in scope, and how much of the staff exit payment falls to be repaid.

Section 156: Power to make regulations to be exercisable by the Treasury or the Scottish Ministers

852.This section enables the Scottish Ministers to use the power to make regulations in respect of staff exit payments made by Scottish public bodies, and the Treasury to use the power to make regulations in respect of all other staff exit payments made to public sector workers throughout the UK.

Section 157: Power to Secretary of State to waive repayment requirement

853.This section provides the Secretary of State with a power to waive the requirements of the Treasury regulations in specific circumstances, and the Scottish Ministers with the same power in respect of the Scottish regulations.

Section 158: Concessionary Coal

854.Subsection (1) of this section applies to a person’s contractual entitlement to concessionary coal or payments in lieu of concessionary coal arising in connection to his employment at UK Coal Production Ltd, UK Coal Thoresby Limited and UK Coal Kellingley Limited. This person includes an employee, redundant person, retired person or in some cases, a dependant of such persons. In the case of a dependant, they will not have a direct contractual entitlement with the company but their entitlement would be referable to a contractual right. UK Coal Production Ltd, UK Coal Thoresby Limited, UK Coal Kellingley must be carrying on the business of deep coal-mining (as opposed to opencast coal-mining) on 1 January 2014.

855.Subsection (2) provides the enabling power to allow the Secretary of State to make payments in order to secure a person’s entitlement to concessionary coal or payments in lieu of concessionary coal.

856.Subsection (3) provides for HMT’s consent.

857.Concessionary coal is defined in subsection (4).

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