The Local Government (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1990

• “employing authority”, in relation to a person whose employment ceased as described in regulation 4(1)(a), means the body by whom he is employed on the material date, being —

  1. a

     a body specified in Part 1 of Schedule 1, or

  2. b

     his employer in an employment of a kind specified in column 1 of Part 2 of that Schedule;

2

If his former employment was of a kind specified in paragraph 5 or 6 of Part 2 of Schedule 1, an eligible person may not be credited with a period of service without the consent —

a

where the employment was of the kind specified in paragraph 5, of every local education authority providing the institution with assistance, and

b

where it was of the kind specified in paragraph 6, of the Secretary of State.

2

In the case of an eligible person whose former employment was of a kind specified in column 1 of Part 2 of Schedule 1, compensation shall, subject to paragraphs (3) to (3C), be paid by the paying authority ascertained from column 3.

3

Where —

a

the former employment was of a kind specified in paragraph 4, 5, 6 or 7 of Part 2 of Schedule 1, 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.

3A

Where —

a

the former employment was of a kind specified in paragraph 4 or 5 of Part 2 of Schedule 1, and

b

the institution closes and there is no successor establishment,

the local education authorities who provided the institution with assistance become, jointly, the paying authority, and each is to meet that proportion of the cost which the aggregate of the assistance it provided during the three years preceding the closure bears to the aggregate of the assistance provided by them all.

3B

Where —

a

the former employment was of a kind specified in paragraph 6 or 7 of Part 2 of Schedule 1, and

b

the institution closes and there is no successor establishment,

the Secretary of State becomes the paying authority.

3C

Where the former employment was of the kind specified in paragraph 3 of Part 2 of Schedule 1, 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, or

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.

21

1

These Regulations shall apply to an eligible person whose former employment was of a kind specified in column 1 of Part 2 of Schedule 1 as if the references to the employing authority —

a

in regulation 5 and paragraph 7 of Schedule 2 were references to the deciding authority ascertained from column 2 of Part 2 of Schedule 1, and

b

in regulations 7(1), 8(2), 10(3), 12(2)(b), 14(2), 17, 18(1) and (2) and 20(4) were references to the person who, under regulation 20(2) to (3C), is for the time being the paying authority.

2

Where —

a

the former employment was of the kind specified in paragraph 1 of Part 2 of Schedule 1, and

b

the employing authority is the local education authority, and

c

the governing body of the school or institution request the authority to do so,

the authority must certify, or as the case may be declare themselves satisfied, as mentioned in regulation 4(1)(a).

PART 2EMPLOYMENT IN CONNECTION WITH EDUCATION

1	2	3
Kind of employment	Deciding authority	Paying authority
1 Employment at a single school or institution maintained by a local education authority which for the time being had a delegated budget within the meaning of Chapter III of Part I or Chapter III of Part II of the Education Reform Act 19884 (“the 1988 Act”).	Governing body of school or institution.	Local education authority.
2 Employment at a school or institution maintained by a local education authority which did not have a delegated budget, employment by a local education authority otherwise than at a school or institution, or employment at a maintained school or institution with a delegated budget which was concurrent with employment of either of those kinds or with employment at another such school or institution.	Local education authority.	Local education authority.
3 Employment at a school maintained under Chapter IV of Part I of the 1988 Act (grant-maintained schools).	Governing body of school.	Secretary of State.
4 Employment at an institution not maintained by a local education authority which for the time being had a delegated budget within the meaning of Chapter III of Part II of the 1988 Act.	Governing body of institution.	Governing body of institution.
5 Employment at an institution falling within section 218(10) of the 1988 Act which was designated as an institution substantially dependent for its maintenance on assistance from local education authorities and which did not have a delegated budget.	Governing body of institution.	Governing body of institution.
6 Employment at an institution falling within section 218(10) of the 1988 Act which was designated as an institution substantially dependent for its maintenance on grants under section 100(1)of the Education Act 19445.	Governing body of institution.	Governing body of institution.
7 Employment at an institution falling within section 218(11) of the 1988 Act.	Governing body of institution.	Governing body of institution.