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5. For regulation 12 there shall be substituted the following regulation:—
12.—(1) Where an English contributory employee who is, or by virtue of subsection (4) of section 2 of the Act of 1953 (which relates to (inter alia) the up-grading of non-contributing service) is deemed to be, in course of paying a sum by instalments in pursuance of subsection (3) of that section ceases to hold his employment and becomes a Scottish contributory employee in such circumstances that if the employment he holds were an English employment the provisions of paragraph 5 of the second schedule to the English benefits regulations would become applicable in relation to him, the corresponding provisions of the regulations made by the Secretary of State under sections 1 and 2 of the Act of 1953 and for the time being in force shall apply in relation to him and to the Scottish employing authority as if he had previously been a Scottish contributory employee paying a sum by instalments under those regulations.
(2) Where an English contributory employee who is, or is deemed to be, in course of paying such a sum as aforesaid by instalments ceases to hold his employment and becomes a Scottish local Act contributor, the provisions of the scheme made under section 22 of the Scottish Act by the Scottish local Act authority whose employment he has entered and for the time being in force relating to the reckoning of previous service by a person who, having been a Scottish contributory employee paying such a sum as aforesaid by instalments under regulations made by the Secretary of State under sections 1 and 2 of the Act of 1953, has become subject to the local Act scheme administered by the Scottish local Act authority shall apply as if the scheme contained a similar provision in relation to such English contributory employee as aforesaid in terms applicable to regulations made by the Minister under sections 1 and 2 of the Act of 1953.”
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