SCHEDULE 5Transitional Provisions and Savings

PART 2Transitional Provisions and Savings relating to the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997

3.—(1) Where, before 1st January 2007—

(a)a person employed in an institution within category D became entitled to compensation under Part IV of the 1997 Compensation Regulations, or

(b)the governing body of an institution within category D decided to credit an eligible teacher with a period of service under Part V of the 1997 Compensation Regulations,

then, despite the provisions of paragraph 2(a) of Schedule 2 to these Regulations and without prejudice to section 16 of the Interpretation Act 1978(1), the governing body of the institution within category D shall continue to make or abate payments of compensation to or in respect of the person in accordance with Parts IV or V of the 1997 Compensation Regulations and shall be entitled to adjust such payments in accordance with those regulations.

(2) Where former employment fell within category G for the purposes of regulation 29(3) of the 1997 Compensation Regulations, it shall be regarded as falling within category D where sub-paragraph (1) applies.