The Local Government (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments, consequential to the Education Reform Act 1988, to the Local Government (Compensation for Premature Retirement) Regulations 1982 (“the 1982 Regulations”) and the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 (“the 1984 Regulations”).

The 1982 and 1984 Regulations allow employers to pay compensation in certain cases to persons who have ceased their employment by reason of redundancy or in the interests of efficiency. These Regulations reflect the new financial arrangements for schools and institutions made by the Education Reform Act 1988, in that the authority which decides to award compensation will not in every case be the same as the authority which will be responsible for payment.

Regulations 5 and 6 amend regulation 21 of and Schedule 1 to the 1982 Regulations to specify which are the deciding authorities and paying authorities for each type of institution. Regulation 4 amends regulation 20 of those Regulations to provide for the devolution of liability to pay compensation in the event of the original authority ceasing to exist, and to enable the Secretary of State to recover compensation paid by him from the governing body where the employment was at a grant-maintained school. The remaining regulations make minor and consequential amendments.

Regulations 2 to 7 are by virtue of section 24(3) of the Superannuation Act 1972 made retrospective to 1st April 1989, but regulation 8 provides that no individual who is qualified to receive benefits under the 1982 or 1984 Regulations will be placed in a worse position than he would have been in if these Regulations had had effect only from the date of their making.