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

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Computation of compensation

6.—(1) Before the relevant date a relevant body—

(a)shall determine to pay the compensation prescribed in regulation 7(2) to a person who meets the requirements of regulation 7(1);

(b)may determine to pay the compensation prescribed in regulation 7(5) to a person who meets the requirements of regulation 7(1);

(c)may determine to pay the compensation prescribed in regulation 8 to a person who meets the requirements of regulation 8(1);

(d)may determine to pay the compensation prescribed in regulation 9 to a person who meets the requirements of regulation 9(1); and

(e)may determine to pay the compensation prescribed in regulation 10 to a person to whom they have determined to pay the compensation prescribed in regulation 8 or 9 as the case may be.

(2) In paragraph (1)—

(a)“the relevant date” is

(i)1st December 1996; or

(ii)the date six months after the material date, whichever occurs later; and

(b)in any case to which regulation 5(3)(a) or (c) applies, the reference to the relevant body shall be a reference to the body which is specified in the Schedule as the successor to the relevant body by whom the person was employed immediately before he ceased to hold his employment.

(3) Where—

(a)in accordance with paragraphs (1) and (2) a payment is to be made by a body specified in Part II of the Schedule as a successor authority; and

(b)the area of the old authority as referred to in regulation 5(3)(c) is divided among two or more new local government areas by the 1994 Act,

no compensation shall be paid by the successor authority under sub-paragraphs (b), (c), (d) or (e) of paragraph (1) unless the council of each such new local government area has consented to the payment.

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