text:
Citation and commencement
1
These Regulations may be cited as The Employee Study and Training (Eligibility, Complaints and Remedies) Regulations 2010 and come into force on 6th April 2010.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Employment Rights Act 1996;
“the Procedure Regulations ” means The Employee Study and Training (Procedural Requirements) Regulations 2010 .
Further information which the application must contain
3
1
An employee must set out in the section 63D application —
a
the date on which the employee’s last section 63D application (if any) was submitted to their employer; and
b
the method by which that application was submitted.
2
For the purposes of paragraph (1) an employee submits a section 63D application by sending, delivering or otherwise transmitting it to their employer.
Form of the application
4
A section 63D application must —
a
be made in writing; and
b
be dated.
Breaches of the Procedure Regulations by the employer entitling an employee to make a complaint to an employment tribunal
5
The breaches of the Procedure Regulations which entitle an employee to make a complaint to an employment tribunal under section 63I of the 1996 Act notwithstanding the fact that the employee’s section 63D application has not been disposed of by agreement or withdrawn are —
a
failure to hold a meeting in accordance with regulation 4(1) and 10(1) of the Procedure Regulations;
b
failure to notify a decision in accordance with regulations 5 or 11 of the Procedure Regulations.
Compensation
6
1
The maximum amount of compensation that an employment tribunal may award under section 63J of the 1996 Act where it finds a complaint by an employee under section 63I of the Act well-founded is 8 weeks’ pay.
Kevin Brennan
Minister for Further Education, Skills, Apprenticeships and Consumer Affairs
Department for Business, Innovation and Skills
25th January 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights) Amendment Regulations 2010 and shall come into force on 6th April 2010.
2
Regulations 2 and 3 apply if the effective date is on or after 6th April 2010.
3
In paragraph (2) the “effective date” means —
a
in the case of regulation 2, the date on which Her Majesty’s Revenue and Customs determine for the purposes of paragraph 5(3A) to (3E) of Schedule 2 to the Pension Schemes Act 1993 (resources of scheme insufficient on winding up) the extent to which the resources of a scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme; and
b
in the case of regulation 3, the date on which Her Majesty’s Revenue and Customs determine for the purposes of paragraph 5(3A) to (3E) of Schedule 1 to the Pension Schemes (Northern Ireland) Act 1993 (resources of scheme insufficient on winding up) the extent to which the resources of a scheme are insufficient to meet the liability for the cash equivalent of the member’s rights under the scheme.
4
This regulation, in so far as it relates to regulation 2, and regulation 2 apply to England, Wales and Scotland.
5
This regulation, in so far as it relates to regulation 3, and regulation 3 apply to Northern Ireland.
Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998
2
1
The Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations 1998 (“the 1998 Regulations ”) are amended as follows.
2
For regulation 3(2)(a) (method of calculation where no election to pay a contributions equivalent premium may be made) substitute —
a
the amount of each factor shall be —
i
for Factors A to F2, the amount derived from the relevant Table in Schedule 1, being the amount shown for the factor in the column below the relevant tax year, in relation to the tax year in which the member was born, as specified in the first column of that Table;
ii
for Factors G to Q, the amount shown in the column below the relevant factor, in whichever of Tables 11 and 12 in Schedule 1 is applicable, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table.
.
3
For Tables 1 to 4 in Schedule 1 substitute the tables set out in the Schedule to these Regulations.
4
In the headings to the tables in Schedule 1, for “Table 5” substitute “Table 11” and for “Table 6” substitute “Table 12”.
Amendment of the Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998
3
1
The Occupational Pension Schemes (Contracting-out) (Amount Required for Restoring State Scheme Rights and Miscellaneous Amendment) Regulations (Northern Ireland) 1998 (“the 1998 Regulations”) are amended as follows.
2
For regulation 3(2)(a) (method of calculation where no election to pay a contributions equivalent premium may be made) substitute —
a
the amount of each factor shall be —
i
for Factors A to F2, the amount derived from the relevant Table in Schedule 1, being the amount shown for the factor in the column below the relevant tax year, in relation to the tax year in which the member was born, as specified in the first column of that Table;
ii
for Factors G to Q, the amount shown in the column below the relevant factor, in whichever of Tables 11 and 12 in Schedule 1 is applicable, in relation to the age attained by the member in the relevant tax year as specified in the first column of that Table.
.
3
For Tables 1 to 4 in Schedule 1 substitute the tables set out in the Schedule to these Regulations.
4
In the headings to the tables in Schedule 1, for “Table 5” substitute “Table 11” and for “Table 6” substitute “Table 12”.
Signed by the authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
24th February 2010