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The Local Government (Discretionary Payments) Regulations 1996

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Interpretation of Part V

33.—(1) In this Part, unless the context otherwise requires, “relevant employment”, in relation to any person, means employment—

(a)with a LGPS employer (other than a passenger transport executive) or the predecessor of such an employer; or

(b)in which the person is, by virtue of regulation B7 of the LGPS Regulations (admission agreements) or any corresponding earlier provision, entitled to participate in the benefits of a pension fund maintained under those Regulations or the former regulations;

and for the purposes of this Part a police cadet appointed under section 17 of the Police Act 1964(1) shall be deemed to be in employment with the police authority who maintain the force with which he is undergoing training.

(2) In this Part “the relevant employer”, in relation to any person, means—

(a)the employer by whom the person in question was employed immediately before he first qualifies for any allowance or lump sum payable under this Part;

(b)if he dies without qualifying for any such allowance or lump sum, the employer who last employed him in a relevant employment before his death; or

(c)if the employer specified in paragraph (a) or (b) has ceased to exist, the employer to whom he would have been transferred if he had continued in the employment in question.

(3) References in this Part to an injury or disease do not include any injury or disease which is one in respect of which the person is entitled—

(a)to an injury award under a scheme made in accordance with section 26 of the Fire Services Act 1947(2); or

(b)to injury benefits under regulations made in accordance with section 35 of the Police Act 1964.

(4) For the purposes of this Part, if a person—

(a)sustains an injury while travelling as a passenger by vehicle to or from his place of work with his employer’s permission (whether express or implied); and

(b)at the time of the injury the vehicle was being operated (otherwise than in the course of a public transport service) by or on behalf of, or pursuant to arrangements made by, his employer,

he shall be treated as having sustained the injury as a result of a requirement of carrying out his work.

(1)

1964 c. 48. Section 17 was amended by the Police and Magistrates' Courts Act 1994 (c. 29), Sch. 5, paragraph 3, Sch. 9.

(2)

1947 c. 41 (10 and 11 Geo 6 c.41). Section 26 was amended by the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65), s.42; the Fire Services Act 1951 (c. 27), s.1(3); the Theft Act 1968 (c. 60) s.33; the Superannuation Act 1972 (c. 11) Sch. 8; the Social Security Act 1973 (c. 38) Sch. 27, paragraph 6; S.I. 1976/551.

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