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

PART I PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Local Government Reorganisation (Compensation for Redundancy or Loss of Remuneration) (Education) Regulations 1996 and shall come into force on 1st June 1996.

General interpretation

2.  In these Regulations—

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

“the 1992 Act” means the Local Government Act 1992(2);

“the 1994 Act” means the Local Government (Wales) Act 1994(3);

“the 1988 Regulations” means the Teachers' Superannuation (Consolidation) Regulations 1988(4);

“the 1989 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989(5);

“abolished authority” means Avon, Cleveland or Humberside County Councils;

“eligible person” means a person entitled to compensation under Part III of these Regulations;

“local education authority” has the meaning given to that expression by section 114 of the Education Act 1944(6) as read with regulation 5(6) of the Local Government Changes for England Regulations 1994(7);

“the material date” means the date on which a person ceases to hold relevant employment;

“qualifying employment” in relation to a person to whom Part II of these Regulations applies has the same meaning as in the Local Government (Compensation for Redundancy) Regulations 1994(8);

“relevant body” means—

(a)

in England, a local education authority which is the subject of a structural change or boundary change (or both such changes) under a section 17 order;

(b)

in Wales, a local education authority which ceases to exist by virtue of, or which is established under, the 1994 Act;

“relevant compensation period” means any period of 36 months beginning on the date on which an eligible person suffers a reduction or further reduction in remuneration to which regulation 15 applies;

“relevant employment” means employment with a relevant body—

(a)

as a teacher other than a teacher employed in a school or institution providing further or higher education (within the meaning of section 41(3) of the Education Act 1944 or section 120(1) of the Education Reform Act 1988(9) respectively) (or both) maintained by a local education authority; or

(b)

which is pensionable employment (within the meaning of the 1988 Regulations) by virtue of regulation B3 of those Regulations or which would be pensionable employment had the person in question—

(i)

not made an election under regulation B6 of those Regulations; or

(ii)

if he was in part-time employment, made an election under, or having effect as if made under regulation B1(4) of those Regulations;

and “relevant employer” shall be construed accordingly;

“relevant local government service” has the same meaning as in section 81 of the 1978 Act as modified by paragraph 1 of Schedule 2 to the Redundancy Payments (Local Government) (Modification) Order 1983(10) (and taking the material date as the relevant event for the purposes of that section);

“the reorganisation date” means—

(a)

in relation to a local education authority in England, the date (being 1st April in any year) which is specified as such in relation to that authority in a section 17 order, and

(b)

in relation to a local education authority in Wales, 1st April 1996;

“section 17 order” means an order under section 17 of the 1992 Act;

“a week’s pay” shall be calculated in accordance with the provisions of Schedule 14 to the 1978 Act but, for the purposes of these Regulations, the calculation date shall be the material date and the Schedule shall be applied as if paragraph 8(1)(c) has been repealed.

(1)

1978 c. 44.

(2)

1992 c. 19.

(3)

1994 c. 19.

(4)

S.I. 1988/1652; relevant amending instruments are S.I. 1989/378 and 1993/114.

(5)

S.I. 1989/298 as amended by S.I. 1994/1059.

(6)

1944 c. 31; section 114 was amended by section 21(1) of the 1994 Act.

(7)

S.I. 1994/867, a relevant amending instrument is S.I. 1996/661.

(8)

S.I. 1994/3025 as amended by S.I. 1996/456.

(9)

1988 c. 40.

(10)

S.I. 1983/1160 as amended by S.I. 1988/907, 1989/532, 1990/826, 1991/881, 1993/784, 1994/417, 1995/1157.