The Local Government Reorganisation (Compensation for Redundancy or Loss of Remuneration) (Education) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for payment of compensation to certain persons adversely affected by local government reorganisation. The persons to whom these Regulations apply are:—

(a) teachers employed by a local education authority other than teachers employed in a school or further or higher education institution; and

(b) certain administrative and support staff employed by a local education authority who are or would be eligible to be members of the Teachers' Superannuation Scheme (see the definition of “relevant employment” in regulation 2).

Part II makes provision for lump sum compensation to be paid to persons to whom the Regulations apply, who cease to hold employment by reason of redundancy or in the interests of the efficiency of their employer and who satisfy certain conditions. One condition which has to be satisfied is that the loss of employment is certified as attributable to an order made under section 17 of the Local Government Act 1992 (implementation of local government changes for England) or by or under any provision of the Local Government (Wales) Act 1994 (regulations 4 and 5). Regulations 6 to 10 provide for compensation. In the case of certain employees compensation is mandatory and is calculated by the methods set out in regulations 7 subject to a maximum of 66 weeks' pay. Additional discretionary compensation may also be payable to such persons. For other employees over the age of 50 with specified periods of service compensation is discretionary. Redundancy payments are deducted from the compensation payable under these Regulations (regulation 11(1)) and regulation 11(2) and (3) provides for other compensation payments to be taken into account in calculating compensation under Part II. Regulations 12 and 13 deal with notification and payment of compensation.

Part III provides for the payment of compensation to persons who suffer a loss or reduction of remuneration in consequence of any provision of an order made under section 17 of the 1992 Act or by or under any provision of the 1994 Act. Regulation 15 specifies the persons who are eligible for compensation. Regulation 16 provides for the amount of compensation to be payable and Regulations 17 and 18 contain administrative provisions about the payment of instalments of compensation and the notification by the relevant employer of decisions about the amount of compensation. Regulation 19 sets out the circumstances in which compensation ceases to be payable.