The Education (Reorganisation in Inner London) (Compensation) Regulations 1989

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (Reorganisation in Inner London) (Compensation) Regulations 1989 and shall come into force on 28th July 1989.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Part or to the Schedule is to be construed as a reference to the regulation or Part which bears that number in, or as the case may be to the Schedule to, these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule.

(3) In these Regulations, unless the context otherwise requires–

“the 1978 Act” means the Employment Protection (Consolidation) Act 1978(1);

“the 1988 Act” means the Education Reform Act 1988(2);

“the 1982 Regulations” means the Local Government (Compensation for Premature Retirement) Regulations 1982(3);

“the 1984 Regulations” means the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984(4);

“the 1986 Regulations” means the Local Government Superannuation Regulations 1986(5);

“the 1988 Regulations” means the Teachers' Superannuation (Consolidation) Regulations 1988(6);

“the 1989 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989(7);

“compensation period” is to be construed in accordance with regulation 8(2);

“emoluments” is to be construed in accordance with regulation 6;

“employment in education” means employment which was, or would but for an election under regulation B6 of the 1988 Regulations have been, pensionable employment within the meaning of those Regulations;

“employment in local government” means employment in which the employee was, or would but for a relevant disqualification have been, a pensionable employee within the meaning of the 1986 Regulations;

“former employment” means employment with ILEA or LRB under a contract which has been terminated;

“ILEA” means the Inner London Education Authority established by section 18 of the Local Government Act 1985(8) and “LRB” means the London Residuary Body established by section 57 of that Act;

“new employment” means–

(a)

in relation to a person dismissed by reason of redundancy, a qualifying employment following the former employment which by virtue of section 84 or 94 of the 1978 Act precludes him from receiving any redundancy payment, and

(b)

in any other case, an employment which would have fallen within (a) above if the person had been dismissed by reason of redundancy,

and “new employer” is to be construed accordingly;

“normal retiring age”, in relation to a person’s former employment, means–

(a)

the age, if any, at which he could under his contract or any enactment have been compelled to retire, or

(b)

where there is no such age, the age of 65;

“person” means a person to whom these Regulations apply;

“qualifying employment” means employment with ILEA, with LRB, with an inner London council within the meaning of Part III of the 1988 Act, or with any person for the time being exercising functions which became functions of ILEA by virtue of section 45 of the Local Government Act 1985 (Horniman and Geffrye museums);

“redundancy payment” means a redundancy payment under Part VI of the 1978 Act;

“relevant date” means the relevant date as defined by section 90(1) of the 1978 Act or, where a contract of employment is terminated by the abolition of ILEA, 31st March 1990;

“relevant disqualification” has the meaning given in regulation 3 of the 1982 Regulations; and

“relevant local government service” has the meaning given in paragraph 1(b) of Schedule 2 to the Redundancy Payments (Local Government) (Modification) Order 1983.

(4) Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

(1)

1978 c. 44; sections 81, 82, 84 and 94 and Schedules 4 and 6 apply as modified by the Redundancy Payments (Local Government) (Modification) Order 1983 (S.I. 1983/1160, amended by S.I. 1985/1872, 1988/907, 1989/532).

(2)

1988 c. 40.

(3)

S.I. 1982/1009, amended by S.I. 1984/740, 1986/151, 1988/466.

(4)

S.I. 1984/740.

(5)

S.I. 1986/24; relevant amendments were made by S.I. 1988/466.

(6)

S.I. 1988/1652, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1989/298.

(8)

1985 c. 51.