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4. For regulation 6 substitute the following—
“6. Subject always to section 37(1) to (3) of the Education Act 2002(1) (determination by governing bodies as to making by local education authorities of certain payments in respect of dismissal etc.) the appropriate person may pay to a person to whom this Part applies compensation which does not exceed A-B where—
A is a sum equivalent to 104 weeks’ pay, and
B is the aggregate of—
(a)any redundancy payment to which the person is entitled under Part XI of the Employment Rights Act 1996(2), and
(b)any compensation which is paid to him under Part II of these Regulations (discretionary compensation for redundancy).”
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