The Redundancy Payments Statutory Compensation Regulations 1965

Statutory Instruments

1965 No. 1988

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments Statutory Compensation Regulations 1965

Made

22nd November 1965

Laid before Parliament

30th November 1965

Coming into Operation

6th December 1965

The Minister of Labour in exercise of the powers conferred on him by section 47 of the Redundancy Payments Act 1965 and of all other powers enabling him in that behalf hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Redundancy Payments Statutory Compensation Regulations 1965 and shall come into operation on 6th December 1965.

Interpretation

2.—(1) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings assigned to them respectively, that is to say—

“the Act” means the Redundancy Payments Act 1965;

“employee” has the meaning assigned to it in subsection (1) of section 25 of the Act and includes any person in respect of whom the Act has effect as if he were an employee within the meaning of that subsection;

“employer” has the meaning assigned to it in subsection (1) of section 25 of the Act and includes any person in respect of whom the Act has effect as if he were an employer within the meaning of that subsection: Provided that in a case where an employee's remuneration is by virtue of any statutory provision payable to him by a person other than his employer “employer” means that other person;

“statutory compensation” means compensation, whether it consists of one or more payments, under any of the statutory provisions specified in the Schedule to these Regulations (being a statutory provision in force immediately before 6th December 1965) for loss of employment, or for loss or diminution of emoluments or of pension rights in consequence of the operation of any other statutory provision referred to in the statutory provision so specified;

“statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

(3) Except in so far as the context otherwise requires, any reference in these Regulations to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including the Act.

Application

3.  These Regulations apply in any case in which an employee on or after 6th December 1965 becomes entitled to statutory compensation and the circumstances are such that he is also entitled to a redundancy payment under the Act from his employer.

Set-off of redundancy payments against statutory compensation

4.—(1) In any case in which these Regulations apply, the amount of the statutory compensation which would, apart from these Regulations, become due to the employee shall be reduced by the amount of the redundancy payment under the Act which is to be paid to the employee and, in so far as the statutory compensation consists of more than one payment, the payments of such compensation as they become due shall be subject to such abatement or reduction as is necessary to reduce the amount of the statutory compensation by the amount of the redundancy payment.

(2) Each of the statutory provisions specified in the Schedule to these Regulations (being a statutory provision in force immediately before 6th December 1965) shall have effect subject to these Regulations.

R. J. Gunter

Minister of Labour

Dated 22nd November 1965

Regulation 2

SCHEDULE

No.	Statutory Compensation Provision	Reference
1.	The 3rd Schedule to the Railways Act 1921.	11 & 12 Geo. 5. c. 55.
2.	Part VII of the London Passenger Transport Act 1933.	23 & 24 Geo. 5. c. 14.
3.	An order or scheme under sections 43 to 45 or Part VI of the Local Government Act 1933.	23 & 24 Geo. 5. c. 51.
4.	Any statutory provision (whether or not specifically included in this Schedule) which applies or extends any of the provisions of section 150 of, or the 4th Schedule to, the Local Government Act 1933.	23 & 24 Geo. 5. c. 51.
5.	Section 98 of the Education Act 1944.	7 & 8 Geo. 6. c. 31.
6.	Section 44 of the Water Act 1945.	8 & 9 Geo. 6. c. 42.
7.	Section 12 of the Education Act 1946.	9 & 10 Geo. 6. c. 50.
8.	Regulations under section 37 of the Coal Industry Nationalisation Act 1946.	9 & 10 Geo. 6. c. 59.
9.	Section 318 of, and the 11th Schedule to, the Local Government (Scotland) Act 1947.	10 & 11 Geo. 6. c. 43.
10.	Regulations under section 101 of the Transport Act 1947.	10 & 11 Geo. 6. c. 49.
11.	Regulations under section 55 of the Electricity Act 1947.	10 & 11 Geo. 6. c. 54.
12.	Regulations under section 140 of the Local Government Act 1948 and such regulations as applied by any local Act.	11 & 12 Geo. 6. c. 26.
13.	Regulations under section 60 of the Gas Act 1948.	11 & 12 Geo. 6. c. 67.
14.	Regulations under section 25 of the Prevention of Damage by Pests Act 1949.	12, 13 & 14 Geo. 6. c. 55.
15.	Regulations under section 42 of the Justices of the Peace Act 1949.	12, 13 & 14 Geo. 6. c. 101.
16.	Regulations under section 28 of the Transport Act 1953.	1 & 2 Eliz. 2. c. 13.
17.	Regulations under section 24 of the Iron and Steel Act 1953.	1 & 2 Eliz. 2. c. 15.
18.	Regulations under section 12 of the Electricity Reorganisation (Scotland) Act 1954.	2 & 3 Eliz. 2. c. 60.
19.	Regulations under section 27 of the Electricity Act 1957.	5 & 6 Eliz. 2. c. 48.
20.	Regulations under section 60 of the Local Government Act 1958.	6 & 7 Eliz. 2. c. 55.
21.	Regulations under section 1 of the Water Officers Compensation Act 1960.	8 & 9 Eliz. 2. c. 15.
22.	Regulations under section 18(6) of the Land Drainage Act 1961.	9 & 10 Eliz. 2. c. 48.
23.	Regulations under section 81 of the Transport Act 1962.	10 & 11 Eliz. 2. c. 46.
24.	Regulations under section 85 of the London Government Act 1963.	1963 c. 33.
25.	Regulations under section 106 of the Water Resources Act 1963.	1963 c. 38.

EXPLANATORY NOTE

These Regulations provide that the amount of the redundancy payment to be paid to an employee shall be set-off against the compensation payable to him under any of certain statutory provisions in force immediately before 6th December 1965.