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The Local Government (Discretionary Payments) Regulations 1996

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Part III: former educational employment

5.—(1) Where the former employment (within the meaning of Part III) was educational employment, Part III of these Regulations applies with the following modifications.

(2) In regulations 8 and 9 for the references to the employing authority substitute references—

(a)in the case of employment within paragraph 2(a), (c) or (e), to the governing body of the school or institution;

(b)in the case of employment within paragraph (2)(b), to the local education authority;

(c)in the case of employment within paragraph 2(d), to the corporation.

(3) In regulations 19(1), 20(2) and (4), 26(2), 27, 28 and 31(2) and paragraph 6(2) of Schedule 3 for the references to the employing authority substitute references to the person who under paragraph 7(2) to (5) of this Schedule is for the time being the paying authority.

6.  Where—

(a)the former employment was of the kind specified in paragraph 2(a);

(b)the employing authority is the local education authority;

(c)the governing body of the school or institution request the authority to do so; and

(d)the cessation of employment is as mentioned in regulation 6(1)(a)(i) or (ii),

the employing authority must certify or, as the case may be, declare themselves satisfied as mentioned in regulation 6(1)(b).

7.—(1) Regulation 31(1) (paying authorities) is subject to the following provisions.

(2) In the case of an eligible person whose former employment was educational employment, compensation shall, subject to sub-paragraphs (3) to (5), be paid—

(a)in the case of employment within paragraph 2(a) or (b), by the local education authority;

(b)in the case of employment within paragraph 2(c), by the Secretary of State;

(c)in the case of employment within paragraph 2(d), by the corporation; and

(d)in the case of employment within paragraph 2(e), by the governing body of the institution.

(3) Where the former employment was of the kind specified in paragraph 2(c), the Secretary of State may—

(a)require the governing body of the school to repay him any amounts paid by him in respect of compensation;

(b)accept from the governing body a single payment of a sum equal to the actuarial value of the total compensation payable; or

(c)accept from them the payment of such a sum by not more than five annual instalments.

(4) Where—

(a)the former employment was of a kind specified in paragraph 2(d) or (e); and

(b)in consequence of any amalgamation, merger or other arrangement the institution becomes part of another (“the successor establishment”) and ceases to have a separate governing body,

the governing body of the successor establishment becomes the paying authority.

(5) Where—

(a)the former employment was of a kind specified in paragraph 2(d) or (e); and

(b)the institution closes and there is no successor establishment,

the Secretary of State becomes the paying authority.

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