text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 and shall come into force on 1st April 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation, Part or Schedule is to be construed as a reference to the regulation, Part or Schedule which bears that number in these Regulations and any reference to a numbered paragraph in a regulation of or Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in that Schedule,
b
any reference to, or to things done or falling to be done under or for the purposes of, any provision of these Regulations is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding provision in the 1985 Regulations or the 1989 Regulations has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision, and
c
any expression for which there is an entry in the first column of Schedule 1 to the Superannuation Regulations , including such an entry added or amended after the making of these Regulations, has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1996 Act ” means the Education Act 1996 ;
“the 1985 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985 ;
“the 1989 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 ;
“the Superannuation Regulations” means the Teachers’ Superannuation (Consolidation) Regulations 1988 ;
“annual compensation” without further qualification means annual compensation payable under regulation 7, regulation 12 or both;
“appropriate person” means —
in the case of a person employed at an aided school within the meaning of section 32 of the 1996 Act, the local education authority, and
in the case of any other employee, the person by whom he was employed;
“assumed retirement lump sum” and “assumed retirement pension” are to be construed in accordance with regulation 12(5);
“compensating authority” is to be construed in accordance with regulation 22;
“compensation” without further qualification means compensation payable under these Regulations;
“credited teacher” means an eligible teacher who has been credited with a period of service under regulation 11, and “credited period” means the period with which he has been credited;
“effective service” is to be construed in accordance with regulation 11(2);
“eligible teacher” is to be construed in accordance with regulation 4(6);
“former employment” in relation to an eligible teacher or a credited teacher, means relevant employment in relation to which the conditions in regulation 4(7) are satisfied, and “former employer” means the person who employed him in that employment;
“lump sum compensation” without further qualification means lump sum compensation payable under regulation 7, regulation 12 or both;
“material date”, in relation to an eligible teacher or a credited teacher, means the date on which he ceased to hold his former employment;
“new employment” has the meaning given in regulation 20(2);
“redundancy payment”, in relation to a person’s former employment, means the aggregate of the amounts paid in respect of its cessation by way of —
the redundancy payment to which he became entitled under the Redundancy Payments Act 1965 or under Part XI of the Employment Rights Act 1996 ,
any increase paid by the former employer before 11th August 1983 so that the payment, as increased, corresponded to that which would have been payable had the Redundancy Payments (Local Government) (Modification) Order 1983 been in force on the material date, and
any compensation which was paid by the former employer under regulation 5 or was of an amount corresponding to that which would have been payable under that regulation if it had been in force on the material date;
“relevant employment” is to be construed in accordance with regulation 3;
“a week’s pay” shall be calculated in accordance with Chapter II of Part XIV of the Employment Rights Act 1996 but, for the purposes of these Regulations, the calculation date shall be the date that the person in question ceased to hold the relevant employment in question and that Chapter shall be applied as if section 227(1)(c) has been repealed.
3
Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
Relevant employment
3
1
Where the material date is a date earlier than 6th April 1988, relevant employment is employment that fell within regulation 4(2) of the 1985 Regulations.
2
Where the material date is a date later than 5th April 1988 but earlier than 1st November 1988, relevant employment is employment that fell within regulation 4(2) of the 1985 Regulations or would have done so but for an election under regulation 10 (voluntary membership) of the Teachers’ Superannuation (Miscellaneous Provisions) ( No. 2) Regulations 1988 .
3
In any other case, subject to paragraphs (4) to (6), relevant employment is employment falling within paragraph 1, 3, 3A, 5, 5A or 25 of Schedule 2 to the Superannuation Regulations .
4
An employment falling within paragraph 3 of that Schedule is relevant employment only if it is at a grant-maintained school.
5
An employment falling within paragraph 5 or 5A of that Schedule is relevant employment only if it is at an institution which is —
a
maintained by a local education authority;
b
within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992 ;
c
a higher education corporation established under section 121 or 122 of the 1988 Act or in respect of which an order has been made under section 122A of that Act; or
d
designated under section 129 of the 1988 Act.
6
An employment falling within paragraph 25 of that Schedule is relevant employment only if it has at some time been pensionable employment.
7
For the purposes of these Regulations —
a
category A comprises relevant employment at a single school or institution maintained by a local education authority which for the time being had a delegated budget as defined in section 139(5)(b) of the 1988 Act (institutions of further and higher education) or section 115(b) of the 1996 Act (schools),
b
category B comprises relevant employment at a school or institution maintained by a local education authority which did not have a delegated budget, relevant employment by a local education authority otherwise than at a school or institution, and relevant employment at a maintained school or institution with a delegated budget which was concurrent with employment of either of those kinds or with relevant employment at another such school or institution,
c
category C comprises relevant employment at a grant-maintained school or grant-maintained special school,
d
category D comprises relevant employment at an institution within the higher education sector, as defined in section 91(5) of the Further and Higher Education Act 1992, in receipt of financial support under section 65 of that Act, and
e
category E comprises relevant employment at an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992.
Persons to whom the Regulations apply
4
1
Part II applies to any person who has become entitled to a redundancy payment under Part XI of the Employment Rights Act 1996 in consequence of his having ceased to be employed in relevant employment.
2
Part III applies to any person who has ceased on or after 1st April 1997 to be employed in relevant employment by reason of his redundancy or in the interests of the efficient discharge of his employer’s functions, and who is not entitled to payment of retirement benefits under regulation E4(2) to (7) of the Superannuation Regulations.
3
Part IV applies as stated in the regulations in that Part.
4
Parts V and VI apply to eligible teachers.
5
Part VII applies to eligible teachers and persons to whom Part IV applies.
6
An eligible teacher is a person —
a
who immediately before the material date was employed in relevant employment,
b
who has not received or is not to receive compensation under Part III (discretionary compensation for termination), and
c
in relation to whom the conditions in paragraph (7) are satisfied.
7
The conditions are that —
a
when his employment was terminated he had attained the age of 50 but had not attained the age of 65,
b
i
he then had completed a qualifying period, within the meaning of regulation E3 of the Superannuation Regulations, of at least 5 years, or
ii
in the case of a person who was in full-time employment, he would have completed such a qualifying period if he had not made an election under regulation B6 of the Superannuation Regulations, or
iii
in the case of a person who was in part-time employment, he would have completed such a qualifying period if he had made an election under regulation B1(4) of the Superannuation Regulations ,
c
he did not become entitled to payment of retirement benefits under Case E in regulation E4(6) of those Regulations (incapacity),
d
he is not entitled to have his case considered or considered further for the payment of long-term or retirement compensation under the Colleges of Education (Compensation) Regulations 1975 (whether or not by way of review under regulation 32 of those Regulations) in respect of that termination of employment, and
e
the former employer has notified the Secretary of State in writing that —
i
the employment was terminated by reason of his redundancy or in the interests of the efficient discharge of the employer’s functions, and
ii
in the case of a person who has not attained the age of 60 the employer has agreed that he should be entitled to retirement benefits under Case F in regulation E4(7) of the Superannuation Regulations (premature retirement) .
8
Where —
a
the former employment fell within category A, and
b
the former employer is the local education authority, and
c
the governing body of the school or institution requests the authority to do so, the authority must notify the Secretary of State as mentioned in paragraph (7)(e).
PART II
Discretionary compensation for redundancy
5
Subject always to section 139(1) to (4) of the 1996 Act (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 the difference between —
a
the redundancy payment to which he is entitled under Part XI of the Employment Rights Act 1996, and
b
the redundancy payment to which he would have been so entitled if section 227(1)(c) of the Employment Rights Act 1996 (weekly pay in excess of specified limit to be disregarded in calculating redundancy payments) had been repealed.
PART III
Discretionary compensation for termination
6
1
Subject always to section 139(1) to (4) of the 1996 Act (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 the lesser of —
a sum equivalent to 66 weeks’ pay; and
the aggregate of —
a sum equivalent to 2 weeks’ pay for each complete year of qualifying employment after the attainment of 18 years of age; and
a sum equivalent to 3 weeks’ pay for each complete year of qualifying employment after the attainment of 41 years of age; and
B is the aggregate of —
any redundancy payment to which he is entitled under Part XI of the Employment Rights Act 1996; and
any compensation which is paid to him under Part II of these Regulations (discretionary compensation for redundancy).
2
In this regulation —
“qualifying employment” in relation to a person to whom this Part applies means a period of employment with an employer in relation to which the appropriate person is satisfied that the employee —
a
was in local government employment within the meaning of the Local Government Pension Scheme Regulations 1995 (“the 1995 Regulations ”) or would have been treated as being in local government employment but for a relevant disqualification; or
b
was in pensionable employment within the meaning of the Superannuation Regulations or was in employment which would have been pensionable employment but for a relevant disqualification; or
c
was in pensionable employment within the meaning of the National Health Service Pension Scheme Regulations 1995 or was in employment which would have been pensionable employment but for a relevant disqualification,
but excludes —
d
periods of employment in an independent school; and
e
any period in relation to which a pension or other benefits (other than a refund of contributions) under the qualifying scheme are being or have been paid;
“qualifying scheme” means an occupational pension scheme under which qualifying employment accrues or is deemed to accrue;
“relevant disqualification” means —
the failure of any medical examination required for membership of the qualifying scheme in question;
the requirement that a manual worker should have completed any period of continuous employment before he may become a member of the Scheme;
the making of any election to opt out of or the absence of an election to opt into membership of the qualifying scheme in question with respect to any period;
any restriction on part-time employment being pensionable employment;
the fact that, where the employment is part-time, the person has not elected that it should be pensionable; or
the fact that a person is not eligible to be a member of the Scheme under regulation B2(2) of the 1995 Regulations,
in consequence of one or more of which (either individually or cumulatively) that person has not become or has ceased to be or has not been treated as being eligible for the qualifying scheme in question;
“the Scheme” has the same meaning as in the 1995 Regulations.
PART IV
MANDATORY COMPENSATION FOR PREMATURE RETIREMENT
Mandatory compensation
7
1
A person who is entitled to retirement benefits under Case F in regulation E4(7) of the Superannuation Regulations (premature retirement) and to whom regulations E5(5) and E6(3) of those Regulations apply (actuarial reductions on premature retirement) is entitled to lump sum compensation and to annual compensation under this regulation.
2
The amount of the lump sum compensation under this regulation is the amount, if any, calculated in accordance with regulation E6(3) of the Superannuation Regulations by which his retirement lump sum or additional retirement lump sum under regulation E15(4) of those Regulations (as the case may be) is reduced.
3
Subject to paragraph (4) the rate of the annual compensation under this regulation is the difference between the rate of his retirement pension or additional retirement pension under regulation E15(4) of the Superannuation Regulations (as the case may be) if calculated in accordance with regulation E5(5) of those Regulations and the rate if it is not.
4
When a person in receipt of annual compensation under this regulation attains state pensionable age and the annual rate of his retirement pension under the Superannuation Regulations is increased by virtue of the operation of regulation E1 or E5(3) of those Regulations (guaranteed minimum pension) then from the date that he attained state pensionable age his annual compensation under this regulation shall be reduced by the difference between the annual rate of his retirement pension as calculated with the operation of regulation E1 or E5(3) of the Superannuation Regulations and the annual rate as calculated without.
Abatement of annual compensation during further employment
8
1
This regulation applies where the annual rate of a person’s retirement pension is reduced under regulation E14 of the Superannuation Regulations.
2
Where this regulation applies the rate of the annual compensation under regulation 7 shall be reduced —
a
where the annual rate of the retirement pension is reduced to zero, to zero; and
b
in any other case, by the amount calculated under regulation E14(3)(b) of the Superannuation Regulations less the amount calculated under paragraph (4) of that regulation .
Supplementary death grants
9
Where regulation E20(4A) of the Superannuation Regulations applies a supplementary death grant may be paid by the compensating authority to the person entitled under that regulation equal to the deficiency referred to in that regulation less the amount of supplementary death grant that may be paid under that regulation.
Entitlement to short-term family benefits
10
1
This regulation applies where the amount of a person’s short-term pension under regulation E23 of the Superannuation Regulations is reduced by virtue of regulation E24(4) of those Regulations .
2
Where this regulation applies the person to whom the short-term pension is payable under regulation E23 is entitled to compensation, for each month during which the short-term compensation is payable, which is equal to the amount by which the short-term pension is reduced for that month.
PART V
DISCRETIONARY COMPENSATION FOR PREMATURE RETIREMENT
Discretion to credit an additional period of service
11
1
The deciding authority, ascertained from the first and second columns of the table in Part I of Schedule 1, may, within 6 months after the material date, credit an eligible teacher (including an eligible teacher who has since died) with a period of service not exceeding the shortest of —
a
the period by which his effective service falls short of 40 years,
b
the period beginning on the day following the material date and ending with his 65th birthday, less, where paragraph 1 of Part II of Schedule 1 applies, any period required by paragraph 2 to be deducted,
c
the length of his effective service, and
d
10 years.
2
An eligible teacher’s effective service comprises —
a
any period which he is entitled to count as reckonable service, and
b
if his former employment was not pensionable employment, any period which he would have been entitled so to count if it had been.
Compensation payable to credited teacher
12
1
A credited teacher is entitled to lump sum compensation and to annual compensation.
2
Subject to regulations 17 (redundancy payments) and 18 (termination payments), the amount of the lump sum compensation is A−B, where —
A is the retirement lump sum to which he would be entitled on the hypothesis specified in paragraph (4), and
B is the assumed retirement lump sum.
3
Subject to paragraph (6) and to regulations 17 and 19 to 21, the rate of the annual compensation is C−D, where —
C is the annual rate of the retirement pension to which he would be entitled on the hypothesis specified in paragraph (4), and
D is the annual rate of the assumed retirement pension.
4
The hypothesis is that —
a
all his effective service counts as reckonable service,
b
the credited period counts as reckonable service after 30th September 1956, and
c
any actuarial reduction required by regulation E5(5) or E6(3) of the Superannuation Regulations is disregarded.
5
The assumed retirement lump sum and the assumed retirement pension are —
a
where all his effective service counts as reckonable service, those to which he is entitled disregarding any actuarial reduction required by regulation E5(5) or E6(3) of the Superannuation Regulations, and
b
in any other case, those to which he would have been entitled if all his effective service had counted as reckonable service disregarding any actuarial reduction required by regulation E5(5) or E6(3) of the Superannuation Regulations.
6
Where —
a
the material date is a date later than 30th August 1985, and
b
an occupational pension is being paid in respect of service before the material date, and
c
the aggregate of his effective service, any period in respect of which he is entitled to the occupational pension, and the credited period would exceed 40 years, and
d
the aggregate of the annual rates for the time being of the occupational pension and of the annual compensation under this regulation would exceed the relevant amount defined in paragraph (8),
the rate of the annual compensation under this regulation is to be reduced so that the relevant amount is not exceeded.
7
For the purposes of paragraph (6) —
a
the annual rate at any time of the annual compensation under this regulation and of any other official pension within the meaning of the 1971 Act are their annual rates as increased under that Act, and
b
the annual rate at any time of an occupational pension which is not such an official pension is its annual rate as increased under any contract, scheme or other arrangement.
8
The relevant amount mentioned in paragraph (6) is E+F, where —
E is the amount specified in paragraph (9), and
F is any amount by which E would have been increased if it had been the annual rate of an official pension within the meaning of the 1971 Act beginning, and first qualifying for increases under that Act, on the day after the material date.
9
The amount constituting E is —
G 100 × ( 50 - 5 × H 4 )
where —
G is his average salary, and
H is the length in years of his effective service.
10
For the purposes of this regulation an occupational pension is a pension by way of periodical payments, other than a retirement pension under the Superannuation Regulations or annual compensation payable under regulation 7, which is payable under an occupational pension scheme; and for the purposes of paragraph (9) regulation E29 of the Superannuation Regulations (average salary) is in every case to be construed as if the former employment were pensionable employment.
Allocation of part of annual compensation
13
1
This regulation applies to a credited teacher who —
a
has under regulation E11 of the Superannuation Regulations allocated the largest permissible part of his retirement pension, and
b
has, within one month after being given notification under regulation 24 of the rate of his annual compensation payable under regulation 12, given written notice to the compensating authority that he wishes this regulation to apply to him.
2
A person to whom this regulation applies may, by delivering a declaration to the compensating authority, allocate part of his annual compensation payable under regulation 12 to the provision of an alternative benefit of either of the kinds described in regulation E11(2) of the Superannuation Regulations.
3
The ratio of the part allocated to the rate of the annual compensation payable under regulation 12 must not be higher than the ratio that the part of the retirement pension allocated had to the annual rate of the retirement pension disregarding any actuarial reduction required by regulation E5(5) of the Superannuation Regulations.
4
For the purposes of paragraph (3) any reduction under Part VI of the annual compensation payable under regulation 12 is to be disregarded.
5
Regulation E11(3) of the Superannuation Regulations and paragraphs 1(1), 2(2), 4 to 6, 7(1) to (3), (5) and (6), and 9 to 11 of Schedule 11 to those Regulations are to be treated as applying, with any necessary modifications, in relation to the making of allocations under this regulation as they apply in relation to the making of allocations under those Regulations by persons to whom retirement benefits become payable by virtue of regulation E4(7) of those Regulations (premature retirement).
6
The modifications include the substitution —
a
for references to a retirement pension (including references to such pension calculated disregarding any actuarial reduction required by regulation E5(5) of the Superannuation Regulations) of references to annual compensation payable under regulation 12,
b
for references to the Secretary of State of references to the compensating authority, and
c
for the reference in paragraph 10(1) to a retiring employee of a reference to a credited teacher.
Short-term compensation on death
14
1
This regulation applies where a credited teacher dies and a short-term pension —
a
becomes payable under regulation E23 of the Superannuation Regulations, or
b
would have become so payable but for an election under regulation B6 of those Regulations.
2
Subject to regulation 16 (duration), where this regulation applies short-term compensation shall be paid to, or as the case may be for the benefit of, the person or persons who are or would have been entitled to payment of the short-term pension.
3
Subject to paragraph (4) and to regulation 19 (periodic payments), the rate of the short-term compensation is the rate at which the deceased’s annual compensation payable under regulation 12 would have been payable immediately before his death if any reduction under regulation 18, 20 or 21(3) had been left out of account.
4
If the deceased died in new employment which was pensionable employment, he is for the purposes of paragraph (3) to be taken to have ceased to be in that employment immediately before his death.
5
If the rate calculated in accordance with paragraph (3) is less than that of long-term compensation to which there is a prospective entitlement under regulation 15, the rate of the short-term compensation is the same as that of the long-term compensation.
Long-term compensation on death
15
1
This regulation applies where a credited teacher dies and one or more long-term pensions —
a
become payable under regulation E25 of the Superannuation Regulations, or
b
would have become so payable but for an election under regulation B6 of those Regulations.
2
Subject to regulation 16 (duration), where this regulation applies long-term compensation is to be paid to, or as the case may be for the benefit of, every person who became or would have become entitled to payment of a long-term pension.
3
Subject to regulation 19 (periodic payments), the rate of the long-term compensation payable to a person who is not a child (“adult compensation”) is one half of the notional annual compensation rate.
4
Subject to regulation 19, the rate of the long-term compensation payable to or for the benefit of a child or children (“children’s compensation”) is the appropriate fraction of the notional annual compensation rate.
5
While adult compensation is payable, then —
a
while children’s compensation is payable to or for the benefit of two or more children, the appropriate fraction is one half, and
b
while it is payable to or for the benefit of one child, the appropriate fraction is one quarter.
6
If adult compensation did not become payable, or has ceased to be payable, then —
a
while children’s compensation is payable to or for the benefit of two or more children, the appropriate fraction is two thirds, and
b
while it is payable to or for the benefit of one child, the appropriate fraction is one third.
7
Subject to paragraph (8), the notional annual compensation rate is the rate at which the deceased’s annual compensation would have been payable under regulation 12 immediately before his death if there had been left out of account any allocation under regulation 13 and any reduction under regulation 17(4)(b), 18, 20 or 21(7).
8
If the deceased died in new employment which was pensionable employment, he is for the purposes of paragraph (7) to be taken to have ceased to be in that employment immediately before his death.
Duration of compensation on death
16
1
Subject to paragraphs (2) and (5), a person’s short-term compensation under regulation 14 is payable from the day after that of the death, and the duration of the short-term compensation payable shall be ascertained from the table below.
TABLE
Category Person entitled to short-term compensation Duration of compensation (months)
1. Spouse or nominated beneficiary 3 2. One child or more where adult compensation is payable 3 3. One child or more where no adult compensation is payable 6
In the table above “adult compensation” means short-term compensation payable to a spouse or nominated beneficiary.
2
Where a person died before 1st December 1996, the duration of the short-term compensation shall not be ascertained from the table in paragraph (1) above but shall be ascertained from the table in paragraph (1), and payable as set out in paragraph (1A), of regulation 11 of the 1989 Regulations as in force before the amendments made by the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1996 .
3
Subject to paragraphs (4) and (5), a person’s long-term compensation under regulation 15 is payable —
a
from the day following that on which his short-term compensation ceases to be payable, or
b
if no short-term compensation was payable, from the day after that of the death,
and is payable for life.
4
Unless the compensating authority determines otherwise in the particular case, long-term adult compensation is not payable during or after any marriage or period of cohabitation outside marriage.
5
Short-term or long-term compensation payable to or for the benefit of a child ceases to be payable when he ceases to be a child.
PART VI
ADJUSTMENTS
Redundancy payments
17
1
This regulation applies to a credited teacher —
a
whose credited period exceeds 6 2/3rds years, and
b
who has received, or is to receive, a redundancy payment in respect of the cessation of his former employment.
2
If his lump sum compensation payable under regulation 12 would exceed the relevant amount, it is to be reduced by that amount.
3
If his lump sum compensation payable under regulation 12 would equal the relevant amount, it is not to be paid.
4
If his lump sum compensation payable under regulation 12 would be less than the relevant amount —
a
it is not to be paid, and
b
the rate of his annual compensation payable under regulation 12 is to be reduced in accordance with paragraph (6).
5
The relevant amount is —
( 3 × A 10 × B ) - C
where —
A is the amount of the redundancy payment,
B is the length of time, expressed in years and any fraction of a year, by which the credited period exceeds 6 2/3rds years, and
C is any amount by which the redundancy payment is reduced under the Redundancy Payments Pensions Regulations 1965 .
6
The reduction mentioned in paragraph (4)(b) is to be calculated from the table below except that, where the material date in relation to that teacher is before 1st December 1996, the reduction is to be calculated from the table in regulation 12(6) of the 1989 Regulations as in force before the amendment made by the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1996 .
TABLE
Age last birthday Amount (£) of reduction per £100 of difference between lump sum compensation payable under regulation 12 and relevant amount Men Women
50 5.93 5.43 51 6.00 5.47 52 6.08 5.53 53 6.18 5.61 54 6.30 5.72 55 6.44 5.84 56 6.59 5.97 57 6.75 6.11 58 6.92 6.25 59 7.10 6.39 60 7.29 6.54 61 7.50 6.70 62 7.73 6.87 63 7.97 7.05 64 8.22 7.24
Termination payments
18
1
This regulation applies to a credited teacher who receives a termination payment.
2
A termination payment is the aggregate of any lump sum payments made to him by his former employer which —
a
are made in consequence of, or as compensation for, the loss of his former employment,
b
are made in pursuance of any contract or arrangement or any provision contained in, or made under, any enactment, whenever made or enacted, and
c
are not made by way of compensation under regulation 7 or 12 or by way of an excepted payment.
3
The excepted payments are —
a
a redundancy payment in respect of the cessation of his former employment, disregarding any reduction under the Redundancy Payments Pensions Regulations 1965,
b
so much of any payment in lieu of notice of termination of that employment as does not exceed the remuneration he would, but for its termination, have received for the three months following the material date, and
c
compensation paid under regulation 5.
4
If his lump sum compensation under regulation 12 would exceed the termination payment, it is to be reduced by the amount of the termination payment.
5
If his lump sum compensation under regulation 12 would equal the termination payment, it is not to be paid.
6
If his lump sum compensation under regulation 12 would be less than the termination payment —
a
it is not to be paid, and
b
his annual compensation under regulation 12 is to be reduced by the difference.
7
If —
a
by reason of regulation 17(3) or (4) (redundancy payments) no lump sum compensation is payable under regulation 12, or
b
lump sum compensation was paid under regulation 12 before the termination payment became payable,
his annual compensation under regulation 12 is to be reduced by the amount of the termination payment.
8
Reductions of annual compensation payable under regulation 12 under paragraphs (6)(b) and (7) are reductions of the total amount payable, and accordingly payment is to be suspended until the full reduction has been achieved.
Periodic payments
19
1
This regulation applies where —
a
relevant periodic payments are payable to a credited teacher or to a person to whom compensation is payable under regulation 14 (short-term compensation on death) or 15 (long-term compensation on death), and
b
the material date is a date later than 31st August 1985.
2
Relevant periodic payments are payments made by the credited teacher’s former employer which —
a
are in respect neither of a lump sum nor of a return of contributions,
b
are made as mentioned in regulation 18(2), and
c
are not made under regulation 10 (short-term family benefits).
3
If the relevant periodic payments in respect of any period equal or exceed the annual or other compensation that would be payable in respect of that period, excluding any compensation paid under regulation 7 or 10, the compensation is not to be paid.
4
If the relevant periodic payments in respect of any period are less than the compensation referred to in paragraph (3) that compensation is to be reduced by the amount of those payments.
New employment
20
1
References in this regulation to regulation E14 are references to regulation E14 of the Superannuation Regulations .
2
This regulation applies while a credited teacher is in employment falling within regulation E14(1)(a) or (b) (“new employment”); but if he is concurrently both in employment falling within regulation E14(1)(a) and in other new employment it applies only in respect of the former.
3
Where this regulation applies —
a
while the assumed retirement pension would fall to be reduced under regulation E14(3), no annual compensation under regulation 12 is to be paid, and
b
while sub-paragraph (a) does not apply, the rate of his annual compensation under regulation 12 is to be reduced by the excess (if any) of
( A + G + H ) over ( C + D - E )
where
A, C, D and E are the same as in regulation E14(3) and —
G is the full annual rate of his annual compensation payable under regulation 12, and
H is the annual rate of the assumed retirement pension.
4
For the purposes of paragraph (3) —
a
regulation E14(3) is in every case to be construed as if the former employment were pensionable employment, and
b
if the credited teacher has more than one entitlement to annual compensation payable under regulation 12, G comprises his total annual compensation payable under regulation 12 but each component is to be reduced only in the proportion which it bears to that total.
Cessation of new employment
21
1
This regulation applies where —
a
a credited teacher has ceased to be in new employment, other than employment in comparable British service, and
b
the condition in paragraph (2) is satisfied.
2
The condition is that
A + B + ( C - D ) + E exceeds F,
where —
A is his effective service,
B is any period, after the material date and before the earlier of the cessation of the new employment and his 65th birthday, which he is entitled, or would have been entitled if the new employment had been pensionable employment, to count as reckonable service,
C is the credited period,
D is any period by reference to which a previous reduction was calculated under paragraph (3),
E is any period of additional service, or increase in his period of service, falling within paragraph 1 of Part II of Schedule 1, and
F is what his effective reckonable service would be on the assumption that his former employment was pensionable employment and continued until his 65th birthday.
3
The full rate of his annual compensation payable under regulation 12 is to be reduced by —
G × H 80
where —
G is whichever is the shortest of B, or (C−D), or the excess of A+B+(C−D)+E over F, and
H is the smaller of his average salary in his former employment and the amount specified in paragraph (4).
4
The amount is —
J - J × K K + 100
where —
J is his average salary in his new employment, and
K is the amount by which an official pension within the meaning of the 1971 Act would, by the day after the cessation of the new employment, have been increased if it had begun, and first qualified for increases under that Act, on the day after the material date and had then been payable at an annual rate of £100.
5
For the purposes of paragraph (3) the full rate of his annual compensation payable under regulation 12 is the rate at which it would be payable if no account were taken of any suspension or reduction under regulation 18 (termination payments) or 19 (periodic payments), and any reduction required by a previous application of this regulation.
6
For the purposes of paragraphs (3) and (4) regulation E29 of the Superannuation Regulations (average salary) is in every case to be construed as if the former employment and the new employment were pensionable employment.
7
The total amount of annual compensation payable under regulation 12 is to be reduced by three times the reduction under paragraph (3) in its full rate, and payment is to be suspended until the reduction required by this paragraph has been achieved.
PART VII
MISCELLANEOUS AND SUPPLEMENTAL
Liability for compensation
22
1
Subject to paragraph (7), the cost of compensation to which a person is entitled under Parts IV and V of these Regulations is to be met by the compensating authority.
2
Subject to paragraphs (3) to (5), the compensating authority is to be ascertained from the first and third columns of the table in Part I of Schedule 1.
3
Where —
a
the former employment fell within category 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 compensating authority.
4
Where —
a
the former employment fell within category D or E and
b
the institution closes and there is no successor establishment,
the Secretary of State becomes the compensating authority.
5
Where the employment in question did not fall within any of the categories A to E then the compensating authority is —
a
the person or body of persons responsible for the management of the institution or, where the institution has amalgamated or merged with another institution or has closed, the institution with which it has amalgamated, merged or been succeeded, as the case may be, (the “successor establishment”), or
b
where there is no successor establishment, the Secretary of State.
6
References in paragraphs (3) to (5) above to an institution include references to a successor establishment.
7
Where the former employment fell within category C, the Secretary of State may —
a
require the governing body of the school to repay her any amounts paid by her 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.
Arrangements for payment
23
1
A compensating authority may —
a
itself pay any compensation for which it is liable under regulation 22, or
b
arrange for the compensation to be paid by any suitable person and for its reimbursement by the authority.
2
Arrangements for reimbursement may provide —
a
for the periodical repayment by the authority of amounts paid on its behalf, or
b
for a single payment by the authority of a sum equal to the actuarial value of the total compensation payable, or
c
for the payment of such a sum by not more than five annual instalments.
Notification
24
1
As soon as is reasonably practicable after —
a
an eligible teacher has been credited with a period of service under regulation 11,
b
a credited teacher has died,
c
a person becomes entitled to compensation under regulation 7, or
d
any adjustment had been made under regulation 8 or Part VI,
the compensating authority shall give a written notification to every person to whom compensation became payable or whose compensation is affected.
2
The notification is to state —
a
where paragraph (1)(a) to (c) applies, what compensation is payable, and
b
where paragraph (1)(d) applies, what adjustment has been made,
and how the compensation or adjustment has been calculated.
Supply of information
25
1
A credited teacher or a person entitled to compensation under regulation 7 is, within one month after entering or leaving a new employment, to notify the compensating authority in writing that he has done so.
2
A person to whom compensation is payable is to provide the compensating authority with such information, and to produce such documents, as the authority may reasonably require for the purposes of its functions under these Regulations.
Payment of compensation
26
1
Compensation, other than lump sum compensation, is to be paid in arrears —
a
at intervals of one month, or
b
at such longer intervals as may be agreed between the compensating authority and the recipient.
2
Where compensation ceases to be payable before the next date on which a payment would be due, a proportionate payment is to be made for the period ending on the date of cessation.
3
A proportionate payment is a payment of —
( A 12 × B ) + ( A 12 × C D )
where —
A is the annual rate of the compensation,
B is the number of complete months, if any, in the period,
C is the number of days remaining in the period after deducting B, and
D is the number of days in the month in which the period ended.
4
If a person entitled to payment of compensation has not attained the age of 18, or is incapable by reason of infirmity of mind or body of managing his affairs, the compensating authority may —
a
pay it to any person having the care of the person entitled, or
b
apply it for the benefit of the person entitled or his dependants.
Compensation not assignable
27
1
Any assignment of or charge on, or agreement to assign or charge, any compensation payable under these Regulations is void.
2
On the bankruptcy of a person entitled to such compensation no part of the compensation shall pass to any trustee or other person acting on behalf of the creditors, except in accordance with an income payments order made by a court under section 310 of the Insolvency Act 1986 .
Modified application in relation to persons entitled to admitted service benefits
28
In relation to a person with admitted service these Regulations have effect with the modifications set out in Schedule 2.
Revocation and transitional provisions
29
1
The 1989 Regulations , the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1994 and the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1996 are revoked.
2
Where a period of time specified in, or applying by virtue of, a provision of the 1989 Regulations is current at the commencement of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in force when that period began to run.
3
Where former employment fell within category D, E, F or H in the 1989 Regulations then such employment shall be regarded as falling within category E in these Regulations and where it fell within category G it shall be regarded as fully within category D in these Regulations.
Gillian Shephard
Secretary of State for Education and Employment
18th February 1997
We Consent,
Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 1997


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997 and shall come into force on 1st September 1997.
2
Unless the context otherwise requires, any expression in this Order —
a
where used in connection with a provision of the Landlord and Tenant Act 1985 has the same meaning as in that Act, and
b
where used in connection with the Landlord and Tenant Act 1987 has the same meaning as in that Act.
3
In this Order “tribunal” means a leasehold valuation tribunal.
Content of Applications
2
1
An application to a tribunal under section 19(2A) or (2B) of the Landlord and Tenant Act 1985 (determination of reasonableness of service charges) shall contain —
a
where the applicant is a tenant, the particulars specified in Part I of Schedule 1 to this Order; and
b
where the applicant is a landlord, the particulars specified in Part II of that Schedule.
2
An application to a tribunal under section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings) , where such application is not made at the hearing, shall contain the particulars specified in Part III of that Schedule.
3
An application to a tribunal under paragraph 8 of the Schedule to the Landlord and Tenant Act 1985 (right to challenge landlord’s choice of insurers) shall contain the particulars specified in Part IV of that Schedule.
4
An application to a tribunal for an order under section 22(3) of the Landlord and Tenant Act 1987 (preliminary notice by tenant) shall contain the particulars specified in Part I of Schedule 2 to this Order.
5
An application to a tribunal for an order under section 24(1) of the Landlord and Tenant Act 1987 (appointment of manager by the tribunal) shall contain the particulars specified in Part II of that Schedule.
6
An application to a tribunal for an order under section 24(9) of the Landlord and Tenant Act 1987 (variation or discharge of an order appointing a manager) shall contain the particulars specified in Part III of that Schedule.
7
An application to a tribunal for leave to appeal to the Lands Tribunal shall contain —
a
the name and address of the party seeking leave to appeal, and
b
where that party is represented, the name, address and occupation of his representative,
c
the names and addresses of the other parties to the application,
d
the date of the decision and any reference number, and
e
the grounds of appeal.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
25th July 1997
R. Davies
Secretary of State for Wales
28th July 1997


text:
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) (No. 2) Order 1997 and shall come into force on 27th February 1997.
2
Employment by the Local Government Boundary Commission for Wales is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st April 1996.
Roger Freeman
Chancellor of the Duchy of Lancaster for the Minister for the Civil Service
6th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits (Miscellaneous Amendments) Regulations 1997 and, subject to paragraph (2), shall come into force on 1st June 1998.
2
In so far as these Regulations amend provisions relating to disability working allowance or family credit they shall come into force on 2nd June 1998 and in relation to any particular claimant they shall have effect, where that claimant has an award of either of those benefits —
a
which expires on 1st June 1998, on 2nd June 1998; or
b
which expires after 1st June 1998, on the day following the expiration of that award.
3
For the purposes of paragraph (2) above “claimant” means a person claiming the benefit concerned.
Common amendments
2
1
In each of the regulations specified in paragraph (2) below (maximum deductions from income in respect of child care charges), for the words “£60 per week” there shall be substituted the words “whichever of the sums specified in paragraph (1A) below applies in his case”.
2
The specified regulations to which paragraph (1) above refers are —
a
regulation 13(1)(c) of the Council Tax Benefit (General) Regulations 1992 ;
b
regulation 15(1)(c) of the Disability Working Allowance (General) Regulations 1991 ;
c
regulation 13(1)(c) of the Family Credit (General) Regulations 1987 ;
d
regulation 21(1)(c) of the Housing Benefit (General) Regulations 1987 .
3
After paragraph (1) of each of the regulations specified in paragraph (2) above the following paragraph shall be inserted —
1A
The maximum deduction to which paragraph (1)(c) above refers shall be —
a
where the claimant’s family includes only one child in respect of whom relevant child care charges are paid, £60 per week;
b
where the claimant’s family includes more than one child in respect of whom relevant child care charges are paid, £100 per week.
.
4
In the definition of “relevant child care charges” in each of the regulations specified in paragraph (5) below (treatment of child care charges) for the words “eleventh birthday” each time they appear there shall be substituted the words “twelfth birthday”.
5
The regulations to which paragraph (4) above refers are —
a
regulation 13A(2) of the Council Tax Benefit (General) Regulations 1992;
b
regulation 15A(2) of the Disability Working Allowance (General) Regulations 1991;
c
regulation 13A(2) of the Family Credit (General) Regulations 1987; and
d
regulation 21A(2) of the Housing Benefit (General) Regulations 1987.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
25th November 1997


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breckland) Designation (Amendment) Order 1997 and shall come into force on 1st July 1997.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Breckland) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order, in paragraph (1), in the table, in the right hand column —
i
for the figure “110” there shall be substituted the figure “140”,
ii
for the figure “300” there shall be substituted the figure “350”,
iii
for the figure “125” there shall be substituted the figure “130”, and
iv
for the figure “350” there shall be substituted the figure “370”.
Amendment to Schedule
5
In Schedule 7 (conservation plan operations) to the principal Order, for paragraph 4, there shall be substituted the following two paragraphs:
4
The creation or restoration of ponds.
4A
The restoration of pingos.
.
Saving
6
The amendment made to the principal Order by article 4 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1997.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th June 1997
We consent,
Bob Ainsworth
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1997


text:
1
This Order may be cited as the Finance Act 1996, section 197, (Appointed Day) Order 1997.
2
Subsections (1) and (6) of section 197 of the Finance Act 1996 shall have effect for periods beginning on or after 1st April 1997.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the Level Crossings Regulations 1997 and shall come into force on 1st April 1997, except paragraph (3) of regulation 2 which shall come into force on 1st October 1997.
Repeals and savings
2
1
The following are hereby repealed —
a
section 66 of the British Transport Commission Act 1957 ; and
b
section 124 of the Transport Act 1968 (insofar as it applies to Scotland).
2
The repeal of the sections mentioned in paragraph (1) above shall not affect the validity of any order made under those sections and in force immediately before 1st April 1997.
3
Section 40 of the British Transport Commission Act 1954 is hereby repealed.
Compliance with orders under the Level Crossings Act 1983
3
1
While an order is in force under section 1 of the Level Crossings Act 1983 in relation to a level crossing, whether or not that order was made before the coming into force of this regulation, the operator of the crossing shall ensure that the order is complied with.
2
In any proceedings for an offence for a contravention of paragraph (1) above it shall be a defence for the person charged to prove —
a
that the contravention was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the contravention.
3
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (2) above unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
4
Where a contravention of paragraph (1) of this regulation by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.
5
In this regulation “level crossing” and “operator” have the same meanings as in section 1 of the Level Crossings Act 1983.
6
In consequence of the preceding provisions of this regulation, section 1(3)(a) of the Level Crossings Act 1983 (operator’s duty to ensure order is complied with) shall cease to have effect.
Miscellaneous amendments to the Level Crossings Act 1983
4
1
Section 1 of the Level Crossings Act 1983 shall be amended in accordance with the following provisions of this regulation.
2
After subsection (1) there shall be inserted the following subsection —
1A
Subsection (1) above applies whether or not the crossing is in use when the order is made; and if it is not in use when the order is made the order shall be made so as to come into force when it is in use.
.
3
After subsection (4) there shall be added the following subsection —
4A
Nothing in subsection (3)(b) above affects any provision made by or under Part I of the Health and Safety at Work etc. Act 1974.
.
4
For subsection (6) there shall be substituted the following subsections —
6
The Secretary of State may make an order under this section in respect of a level crossing on being requested to do so by the operator of the crossing or without any such request, but he shall not make such an order without any such request unless he has sent to the operator and to each local authority in whose area the level crossing is situated a copy of a draft of the order he proposes to make and a notice specifying the period (not being less than two months) within which the operator or local authority may make representations to him in respect of his proposal to make the order.
6A
Where the Health and Safety Executive gives written notice to an operator of a crossing that in its opinion a request should be made to the Secretary of State to make an order under this section in respect of that crossing and the notice states the reasons for that opinion, the operator shall be under a duty to make such a request.
.
5
For subsection (7) there shall be substituted the following subsection —
7
Where the operator of a crossing requests the Secretary of State to make an order under this section, the request shall be accompanied by a draft of the order which the operator is requesting the Secretary of State to make.
.
6
For subsection (9) there shall be substituted the following subsection —
9
The Secretary of State shall consider any representations made to him pursuant to subsection (6) or (8) above if they have been made within the period specified in the notice referred to in the subsection concerned and may then, if he decides to make the order, make it in accordance with the draft sent to persons pursuant to the subsection concerned or with such modifications as he thinks fit.
.
7
After subsection (10) there shall be added the following subsections —
10A
Any order made under section 124 of the Transport Act 1968 or section 66 of the British Transport Commission Act 1957 and in force immediately before 1st April 1997, including any requirements or conditions laid down under the order, shall have effect as if it had been made under this section.
10B
In performing his functions under this Act the Secretary of State shall take account of any advice given to him with respect thereto by or on behalf of the Health and Safety Commission.
.
8
In subsection (11) for the definition of “protective equipment” there shall be substituted the following definition —
“protective equipment” includes lights, traffic signs, manual, mechanical, automatic, electrical, telephonic or television equipment or other devices;
.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
25th February 1997


text:
Citation
1
This Order may be cited as the Local Government (Contracts) Act 1997 (Commencement No. 1) Order 1997.
Commencement
2
1
Sections 3(2)(e) and (f) and 3(3) of the Local Government (Contracts) Act 1997, in so far as they confer power on the Secretary of State to make regulations, shall come into force in England and Wales on 1st December 1997.
2
Sections 2 and 4 to 9 of that Act, and section 3 of that Act except in so far as it is brought into force by paragraph (1), shall come into force in England and Wales on 30th December 1997.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
28th November 1997


text:
1
This Order may be cited as the Public Telecommunication System Designation (Concert Communications Company) Order 1997 and shall come into force on 17th April 1997.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
17th March 1997


text:
Title and commencement
1
This Order may be cited as the Third Country Fishing (Enforcement) (Amendment) Order 1997 and shall come into force on 4th July 1997.
Amendment of the Third Country Fishing (Enforcement) Order 1997
2
The Schedule to the Third Country Fishing (Enforcement) Order 1997 shall be amended as follows:
a
in paragraph 1, in column 1, after the words “flying the flag of Norway” there shall be inserted the words “as amended by Council Regulation ( EC ) No 1131/97 ”;
b
in paragraph 2, in column 1, after the words “flying the flag of the Faroe Islands” there shall be inserted the words “as amended by Council Regulation (EC) No 1132/97 ”.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th June 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
26th June 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th June 1997
Marjorie Mowlam
Secretary of State for Northern Ireland
2nd July 1997


text:
1
This Order may be cited as the Transport and Works (Descriptions of Works Interfering with Navigation) (Amendment) Order 1997, and shall come into force on the seventh day after the day on which it is made.
2
Article 2 of the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992 shall be amended by inserting:
a
after “(c) cable;” the words “(cc) fountain;”; and
b
after “(e) navigational aid;” the words “(ee) observation structure;”.
3
Article 3(1) of the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992 shall be amended:
a
by inserting after the definition of “cable” the following:
“fountain” means a structure or device (whether fixed or floating) used, or intended to be used, to project jets of water from static or manoeuvrable nozzles;
;
b
by inserting after the definition of “navigational aid” the following:
“observation structure” means a structure (whether fixed or floating) with a platform or gallery for viewing events, objects or the surrounding region;
; and
c
in the definition of “pier” by inserting after the words “(whether fixed or floating)” the words “, together with any building thereon,” and by substituting for the words “promenading or other recreational purposes” the words “commercial, residential or leisure purposes”.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
1st December 1997


text:
Citation, commencement and application
1
1
This Order may be cited as the Hampshire County Council (Cities of Portsmouth and Southampton) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.
2
This Order makes provisions which are consequential or supplementary to the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 .
Interpretation
2
In this Order
“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;
“designated list” means the list marked “The Hampshire County Council (Cities of Portsmouth and Southampton) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the Portsmouth City Council, one with the Southampton City Council, one with the Hampshire County Council and one in the offices of the Secretary of State for the Environment;
“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.
Transfer of staff
3
1
This article shall apply to any employee (a “designated employee”) —
a
who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Hampshire County Council;
b
whose employment would continue but for the transfer of functions to the Councils of the Cities of Portsmouth and Southampton; and
c
whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.
2
The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect —
a
in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee and the City council mentioned at the head of that section;
b
in the case of an employee who falls within a class or description of employees mentioned in any section of Part II of the designated list, as if originally made between that employee and the City council mentioned at the head of that section.
3
This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th February 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) Transitional Regulations 1997 and shall come into force on 6th April 1997.
2
In these Regulations —
“the transitional period” means the period from 1st January 1997 until 5th April 1997 inclusive;
“the principal regulations” means the Occupational Pension Schemes (Contracting-out) Regulations 1996 .
Notices by employers of intended election during the transitional period
2
1
In a case where, during the transitional period, an employer gives notice of intention to make an election with a view to the issue of a contracting-out certificate with effect from 6th April 1997 or such later date as the notice may specify, the provisions of paragraph (2) of this regulation shall apply.
2
The Secretary of State may treat the notice as complying with the requirements of Part II of the principal regulations as if the notice had been given on or after 6th April 1997 in accordance with those requirements.
Making of elections during the transitional period
3
1
In the case where, during the transitional period, an employer makes an election with a view to the issue of a contracting-out certificate with effect from 6th April 1997 or such later date as the election may specify, the provisions of paragraph (2) of this regulation shall apply.
2
The Secretary of State may treat the election as complying with the requirements of Part II of the principal regulations as if that election had been made on or after 6th April 1997 in accordance with those requirements.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
13th January 1997


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Enzootic Bovine Leukosis Order 1997 and shall come into force on 1st April 1997.
2
For the purposes of the Animal Health Act 1981 in its application to this Order, the definition of “disease” in section 88(1) is hereby extended to include all forms of bovine leukosis.
3
In this Order —
“affected animal” means a bovine animal which is affected with enzootic bovine leukosis or is infected with the bovine leukosis virus;
“appropriate officer” means in relation to animals in England, a veterinary inspector or other officer of the Minister and in relation to Scotland or Wales, a veterinary inspector or other officer of the Secretary of State;
“approved laboratory” means a laboratory approved by the Minister to carry out testing of milk for enzootic bovine leukosis and listed in Schedule 1 to this Order;
“approved slaughterhouse” means a slaughterhouse approved by an appropriate officer for the slaughter of reactors;
“bovine animal” means a bull, cow, steer, heifer or calf;
“carcase” means the carcase of a bovine animal, and includes part of a carcase and the meat, bones, hide, skin, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof;
“Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are situated;
“premises” includes land, with or without buildings;
“suspected animal” means a bovine animal which is suspected of being affected with enzootic bovine leukosis because —
it is showing signs of swollen, painless lymph nodes, or tumorous changes (other than haemangiomas, papillomas or warts) in parts of its body; or
a haematological examination of the animal has disclosed a lymphocyte count within the range specified in Schedule 2 to this Order; or
any other test carried out on the animal has indicated the possible presence of infection with the bovine leukosis virus;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966 ;
4
All notices, licences or approvals issued under this Order shall be in writing and may be made subject to conditions and may be amended, suspended or revoked at any time.
Notification of disease in bovine animals
2
1
A person who has in his possession or under his control an affected or suspected animal and a veterinary surgeon who examines any such animal shall with all practicable speed give notice of that fact to —
a
an inspector of the local authority, or
b
the Divisional Veterinary Manager.
2
Where notice under paragraph (1) of this article is given to an inspector of the local authority, he shall immediately transmit the information to the Divisional Veterinary Manager responsible for that area.
3
A person who has in his possession or under his charge an affected animal or a suspected animal shall detain it on the premises where it is kept until it has been examined by a veterinary inspector.
Notification of disease in carcases
3
1
Any person who has in his possession or under his charge the carcase of an affected or suspected animal, showing signs of tumorous changes (other than haemangiomas, papillomas or warts) in the lymph nodes or any part thereof, shall with all practicable speed, give notice of that fact to the Divisional Veterinary Manager responsible for that area.
2
A person who has in his possession or under his charge a carcase to which paragraph (1) of this article applies, shall detain it on the premises where it is kept until it has been examined by a veterinary inspector or until a veterinary inspector has determined that an inspection is not required.
Notification of disease in laboratory samples
4
1
Subject to paragraph (2) below, where by reason of a laboratory examination of a sample taken from a bovine animal, evidence of the existence of enzootic bovine leukosis is identified, the person in charge of the laboratory shall, within 24 hours notify the Divisional Veterinary Manager of the area from which the sample was taken or in which the laboratory is situated, of that fact.
2
The obligation to give notification in paragraph (1) shall not apply where enzootic bovine leukosis has been deliberately introduced into a laboratory sample.
Sampling of milk for testing for evidence of the existence of enzootic bovine leukosis
5
1
Any person who buys milk in any form for resale as milk or milk products from the owner or person in charge of a herd of dairy cows shall —
a
select an approved laboratory to carry out testing of such milk for enzootic bovine leukosis;
b
notify the Minister of the laboratory selected;
c
once every fourth month and at his own expense ensure that a sample of milk (which includes milk from all the dairy cows in that herd whose milk is available for sale) is sent forthwith to that laboratory for testing for evidence of the existence of enzootic bovine leukosis;
d
add such preservative to the sample as may be requested by the person in charge of the laboratory;
e
ensure that the sample is labelled with —
i
a bar code or other device which enables the laboratory to identify the herd or part of a herd from which the sample was taken; and
ii
the date on which the sample was taken.
2
A person is exempt from the duty imposed by paragraph (1) above, if he only purchases pre-packed raw milk for resale —
a
in the container in which he received it with the fastenings unbroken;
b
from a vehicle which is lawfully used as shop premises; and
c
direct to the ultimate consumer,
and in this paragraph “ultimate consumer” means any person who buys milk other than for the purposes of —
i
resale;
ii
a catering establishment; or
iii
a manufacturing business.
3
No person shall in any way treat, other than by adding preservative in accordance with paragraph (1)(d) above, or tamper with any sample or its label and a person shall be deemed to have treated or tampered with a sample if he does anything in relation to it which is likely to affect the result of the testing required under this article.
4
The person in charge of an approved laboratory shall —
a
maintain a record of those herds, the milk from which is sent to it for testing under paragraph (1) above;
b
notify the Minister forthwith if, in any month, a sample is not received from one of the herds listed in its records held under sub-paragraph (a);
c
notify the Minister within 24 hours where a sample has been tested for evidence of the existence of enzootic bovine leukosis and the result is positive;
d
notify the Minister within one month where a sample has been tested for evidence of the existence of enzootic bovine leukosis and the result is negative; and
e
maintain a record of the result of all the tests carried out for evidence of the existence of enzootic bovine leukosis for a period of one year from the date of the test.
5
If any person fails to take any action required of him under the provisions of paragraph (1) above, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken such action, and any expenses reasonably incurred by him in so doing shall be recoverable by the Minister from the person in default.
Veterinary inquiry as to the existence of enzootic bovine leukosis
6
1
Where by reason of information received under articles 2, 3, 4 or 5, or otherwise, there is reason to believe that enzootic bovine leukosis exists or has within the previous 56 days existed on any premises, a veterinary inspector shall with all practicable speed, take such steps as may be necessary to establish —
a
whether that disease is enzootic bovine leukosis;
b
the length of time that disease has existed on the premises; and
c
the possible origin of the disease on the premises.
2
For the purposes of an inquiry under paragraph 1 above, a veterinary inspector may, on production on demand of his authority —
a
examine any bovine animal or carcase on the premises;
b
enter on any part of the premises; and
c
take such samples as may be required for the purpose of diagnosis from any bovine animal or carcase on the premises.
3
The occupier of the premises, his own employees and any person who is or has been in possession or charge of any bovine animal which is or has been on the premises, shall give such reasonable facilities and comply with such reasonable requirements as may be necessary for the purpose of the inquiry.
4
A veterinary inspector entering premises under the provisions of this paragraph shall, if required by the occupier or person in charge, state his reasons for entering.
5
Any such occupier or person and the veterinary surgeon (if any) who has been attending any bovine animal on the premises or has been consulted about such animal or carcase shall provide such information as he possesses to any official of the appropriate Minister relating to the location and movements of that bovine animal or carcase and as to the location and movements of any other bovine animal or carcase (which is or has been on the premises) with which that animal has been in contact.
Powers of veterinary inspectors to prohibit or control movement of bovine animals
7
If a veterinary inspector has reasonable grounds for believing that the movement of any bovine animal from any place may give rise to the risk of enzootic bovine leukosis being spread he may, for the purpose of preventing the spreading of that disease, serve a notice on the owner or occupier of that place or the owner or person in charge of the bovine animal, prohibiting the movement thereof, requiring physical separation from other bovine animals on the premises or imposing such conditions in respect of its movement as he may consider expedient.
Marking of affected animals
8
1
The owner or person in charge of bovine animals kept on any premises shall, if so required by notice served by a veterinary inspector, mark his animals in a manner required by the veterinary inspector.
2
A veterinary inspector may paint, stamp, clip, tag or otherwise mark bovine animals kept on any premises.
3
No person shall alter, remove, obliterate, deface or attempt to alter, remove obliterate or deface any such mark.
Cleansing and disinfection
9
1
A veterinary inspector may serve a notice on the occupier of any premises where there is or has been a suspected animal, or the carcase of such an animal, requiring him at his own expense to cleanse and disinfect —
a
the premises or any part thereof, or
b
any apparatus, equipment or thing used in connection with any affected animal, suspected animal or the carcase of such an animal.
2
If the requirements of a notice served under paragraph (1) above are not complied with, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out, such cleansing and disinfection and any expenses reasonably incurred by him shall be recoverable by the Minister from the person in default.
3
For the purposes of exercising his powers under paragraph (1) above a veterinary inspector may, on production on demand of his authority, enter the premises to which a notice served under this article relates, taking with him such persons as he considers necessary and he shall if so required by the occupier or person in charge of the premises, state his reasons for entering.
Special provisions for imported bovine animals
10
The provisions of this Order shall not apply in relation to approved premises within the meaning of the Importation of Animals Order 1977 and shall only apply to imported bovine animals from the time specified in the licence in respect of those animals under article 11(5) of that Order.
Application of section 32 of the Animal Health Act 1981 to enzootic bovine leukosis
11
Section 32 of the Animal Health Act 1981 shall apply to enzootic bovine leukosis.
Notice of intended slaughter
12
1
Where the Minister proposes to cause a bovine animal to be slaughtered under the powers conferred on him by section 32 of the Animal Health Act 1981 in its application to enzootic bovine leukosis, a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of such animal informing him of the proposed slaughter and requiring him to surrender the animal for slaughter (or to detain the animal pending slaughter) and to isolate it as far as practicable from other animals which are not specified in the notice.
2
The person on whom such a notice is served shall not move the animal off the premises or part thereof except under the authority of a licence issued by the Minister and in accordance with the terms thereof.
Offences
13
Any person who, without lawful authority or excuse contravenes or fails to comply with any provision of this Order or a notice or licence served under it shall be guilty of an offence against the Animal Health Act 1981.
Enforcement
14
This Order shall be enforced by the local authority.
Revocations
15
The instruments set out in Schedule 3 to this Order are hereby revoked.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
11th March 1997
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
11th March 1997
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State, Welsh Office
10th March 1997


text:
1
1
This Order may be cited as the Cheshire (Police Area and Authority) Order 1997.
2
In this Order “ 1996 Act ” means the Police Act 1996 .
3
This Order, except article 3, shall come into force on 1st October 1997 and article 3 shall come into force on 1st April 1998.
2
1
The functions to which this article applies are —
a
all functions of the Cheshire police authority on or after 1st April 1998; and
b
before that date (but on or after 1st October 1997), the functions of that police authority in respect of the financial year beginning on 1st April 1998 under —
i
Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
sections 7 (local policing objectives) and 8 (local policing plans) of the 1996 Act.
2
For the purposes of the functions to which this article applies —
a
paragraph 26(1) of Schedule 2 to the 1996 Act (meaning of “relevant council”) shall have effect from 1st October 1997 as if the Boroughs of Halton and Warrington had ceased to form part of the County of Cheshire on that date; and
b
accordingly, the appointments which are required to be made to the Cheshire police authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by Cheshire County Council and the Councils of the Boroughs of Halton and Warrington (as relevant councils) in accordance with that provision.
3
For the purposes of the functions referred to in paragraph (1)(b) above —
a
section 19(2)(b) of the 1996 Act (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 2 to that Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Cheshire police authority appointed under paragraph 2 of that Schedule otherwise than under paragraph (2) above shall not participate in the discharge of those functions.
4
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 2 to the 1996 Act, ignore any member of Cheshire County Council elected for an electoral division in the Boroughs of Halton and Warrington, and
b
shall not appoint any such member to the Cheshire police authority under paragraph 2(2) of that Schedule.
5
A member of the Cheshire police authority who was appointed under paragraph 2 of Schedule 2 to the 1996 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of that Authority on 1st April 1998.
6
In determining the period of a term of years for the purpose of paragraph 16 of Schedule 2 to the 1996 Act (term of appointment of members of a police authority), any period as a member of the Cheshire policy authority prior to 1st April 1998 under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of that authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
3
Schedule 1 to the 1996 Act (police areas) shall be amended by inserting after the word “Cheshire” in the right-hand column opposite the name of the Cheshire police area the words “and the non-metropolitan districts of Halton and Warrington”.
Alun Michael
Minister of State
Home Office
28th July 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Adjudication) Amendment No. 2 Regulations 1997 and shall come into force —
a
for the purposes of this regulation and regulation 8, on 24th September 1997.
b
for the purposes of regulations 2 to 7, on 13th October 1997.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1995 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 59 of the Adjudication Regulations
2
In regulation 59 of the Adjudication Regulations (review of decisions involving payment or increase of certain benefits), after paragraph (1B) there shall be inserted the following paragraph —
1C
Subject to regulation 58, where, in the case of attendance allowance or disability living allowance, the decision is reviewed under section 30(1) of the Administration Act (application within the prescribed period), or under that subsection as applied by section 31(2) or 35(8) of that Act, the decision given on review shall have effect from such date as may be specified in the decision, being a date not earlier than —
a
where the decision being reviewed is also a review decision or a refusal to review (“the first review”), one month before the date of application for the first review;
b
in any other case, the date of claim.
.
Amendment of regulation 63 of the Adjudication Regulations
3
1
Regulation 63 of the Adjudication Regulations (review in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(b) at the end the word “or” shall be added, and after sub-paragraph (b) there shall be added the following sub-paragraph —
c
in a case to which paragraph (1B) applies, any period which falls more than 8 weeks before the date on which the review was requested or, where no request is made, the date of the review.
.
3
In paragraph (1A) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the reason for the revised determination is that the claimant or a member of his family has become entitled to another benefit, or to an increase in the rate of another benefit, and
b
that other benefit or increase is awarded in respect of a period before the one-month period.
.
4
After paragraph (1A) there shall be inserted the following paragraph —
1B
This paragraph applies where —
a
on a review it is determined that there is to be included in the claimant’s applicable amount an amount in respect of a loan which qualifies under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations; and
b
the determination could not have been made earlier because information necessary to make the determination, requested otherwise than in accordance with paragraph 10(3)(b) of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 (annual requests for information), had not been supplied to the Secretary of State by the lender.
.
Amendment of regulation 63A of the Adjudication Regulations
4
1
Regulation 63A of the Adjudication Regulations (review in jobseeker’s allowance cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(c) at the end the word “or” shall be added, and after sub-paragraph (c) there shall be added the following sub-paragraph —
d
in a case to which paragraph (1B) applies, any period which falls more than 8 weeks before the date on which the review was requested or, where no request is made, the date of the review.
.
3
In paragraph (1A) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
the reason for the revised determination is that the claimant or a member of his family has become entitled to another benefit, or to an increase in the rate of another benefit, and
b
that other benefit or increase is awarded in respect of a period before the one-month period.
.
4
After paragraph (1A) there shall be inserted the following paragraph —
1B
This paragraph applies where —
a
on a review it is determined that there is to be included in the claimant’s applicable amount an amount in respect of a loan which qualifies under paragraph 14 or 15 of Schedule 2 to the Jobseeker’s Allowance Regulations; and
b
the determination could not have been made earlier because information necessary to make the determination, requested otherwise than in accordance with paragraph 10(3)(b) of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 (annual requests for information), had not been supplied to the Secretary of State by the lender.
.
Amendment of regulation 6 of the Claims and Payments Regulations
5
In regulation 6 of the Claims and Payments Regulations (date of claim) at the end there shall be added the following paragraph —
29
In the case of a claim for an increase of severe disablement allowance or of invalid care allowance in respect of a child or adult dependant, paragraphs (16) and (21) shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance.
.
Amendment of regulation 19 of the Claims and Payments Regulations
6
1
Regulation 19(7) of the Claims and Payments Regulations (time for claiming benefit) shall be amended in accordance with the following provisions of this regulation.
2
At the end of sub-paragraph (f) the word “or” shall be omitted.
3
In sub-paragraph (g) for the word “sister.” there shall be substituted the words “sister; or”.
4
After sub-paragraph (g) there shall be added the following sub-paragraph —
h
in the case of a claim for disability working allowance, the claimant had previously been entitled to income support, jobseeker’s allowance, incapacity benefit or severe disablement allowance (“the previous benefit”), and the claim for disability working allowance was made within one month of expiry of entitlement to the previous benefit.
.
Transitional provision
7
In a case to which regulation 59(1C)(a) of the Adjudication Regulations applies, where the application for the first review referred to in that provision was made on or before 6th April 1997, regulation 59 of the Adjudication Regulations shall apply with the following modifications —
a
as if in paragraph (1C)(a), for the words “one month” there were substituted the words “subject to paragraph (1D), three months”;
b
as if after paragraph (1C) there were inserted the following paragraph —
1D
Subject to the following provisions of this regulation, in a case to which paragraph (1C)(a) applies where the claimant proves that —
a
on a date earlier than three months before the date of the application for the first review, he was (apart from the condition of making a claim) entitled to benefit or to a higher rate of benefit; and
b
throughout the period between that earlier date and the date on which the application for the first review was made, there was good cause for delay in making the application,
the decision given on review shall have effect either on that earlier date or twelve months before the date on which the application for the first review was made, whichever is the later.
; and
c
as if in paragraph (5)(c) for the words “one month” there were substituted the words “three months”.
Revocation
8
The Social Security (Claims and Payments and Adjudication) Amendment Regulations 1997 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Frank Field
Minister of State,
Department of Social Security
23rd September 1997