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Railways Act 1993 (c. 43)(The document as of February, 2008) Page 16 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 (c) any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the business of, the transferor and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such a person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the business of, the transferee who corresponds as nearly as may be to the first-mentioned person; (d) any reference in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the business of, or agents of, the transferee. 9 (1) Except as otherwise provided in any provision of this Act (whether expressly or by necessary implication), paragraph 8 above shall, so far as applicable, apply in relation to-- (a) any statutory provision, (b) any provision of an agreement to which the transferor was not a party, and (c) any provision of a document other than an agreement, if and so far as the provision in question relates to any of the transferred property, rights and liabilities, as it applies in relation to an agreement to which the transferor was a party. (2) In relation to any such statutory or other provision as is mentioned in sub-paragraph (1) above, references in sub-paragraph (2)(b), (c) and (d) of paragraph 8 above to the transferor and to any persons employed by, persons engaged in the business of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, without the transferor himself being specifically referred to. 10 On and after the transfer date for any transfer to which this Schedule applies, any statutory provision to which paragraph 2(3) of Schedule 6 to the [1962 c. 46.] Transport Act 1962 applies if and so far as the provision in question relates to any of the transferred property, rights and liabilities, shall have effect as if-- (a) any of the references modified by paragraph (a) of the said paragraph 2(3) were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint; and (b) any of the references modified by paragraph (b) of the said paragraph 2(3) were, as respects a period beginning with the transfer date, a reference to so much of the undertaking of the transferee as corresponds as mentioned in the said paragraph (b). 11 (1) The transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of the scheme as he would have had if that right or liability had at all times been a right or liability of the transferee. (2) Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate-- (a) to any property, right or liability vested in the transferee by virtue of the scheme, or (b) to any agreement or enactment relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor. (3) This paragraph is without prejudice to the generality of the provisions of paragraphs 8 to 10 above. 12 If, in the case of any transfer to which this Schedule applies, the effect of any agreement (and, in particular, any agreement under the Railway Road Transport Acts of 1928 mentioned in paragraph 1 of Part II of Schedule 2 to the [1962 c. 46.] Transport Act 1962)-- (a) which was executed before the passing of this Act, and (b) to which the transferee is by virtue of this Act a party, depends on whether the transferee has power to carry on any activity, it shall be assumed for the purposes of the agreement that any activity which requires the consent of the Secretary of State under the Transport Act 1962 or the [1968 c. 73.] Transport Act 1968 has been authorised by such a consent. 13 (1) References in paragraphs 8 to 12 above to agreements to which the transferor was a party and to statutory provisions include, in particular, references to agreements to which the transferor became a party by virtue of the [1962 c. 46.] Transport Act 1962 and statutory provisions which applied to the transferor by virtue of that Act. (2) The provisions of paragraphs 8 to 12 above shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires. Third parties affected by vesting provisions14 (1) Without prejudice to the provisions of paragraphs 8 to 13 above, any transaction effected between the transferor and the transferee in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person. (2) It shall be the duty of the transferor and the transferee, if they effect any transaction in pursuance of paragraph 2(1) above or a direction under paragraph 2(3) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee; and if, within 28 days of being notified, such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction. (3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule-- (a) the rights or liabilities of any person other than the transferor and the transferee which are enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and (b) the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the transferor, the transferee or both. (4) If it appears to the transferor that a person is or may be entitled to compensation under sub-paragraph (3) above, he shall-- (a) notify that person that he is or may be so entitled, and (b) invite him to make such representations as he wishes to the transferor not later than fourteen days after the date of issue of the document containing the notification required by paragraph (a) above, or, if the transferor is not aware of the name and address of the person concerned, shall publish, in such manner as he considers appropriate, a notice containing information about the interest affected and inviting any person who thinks that he is or may be entitled to compensation to make such representations to the transferor within such period (being not less than 28 days from the date of publication of the notice) as may be specified in the notice. (5) Any dispute as to whether any, and (if so) how much, compensation is payable under sub-paragraph (3) above, or as to the person to or by whom it shall be paid, shall be referred to and determined by-- (a) an arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors, or (b) where the proceedings are to be held in Scotland, an arbiter appointed by the Lord President of the Court of Session, or (c) where the proceedings are to be held in Northern Ireland, an arbitrator appointed by the Lord Chancellor. (6) Where, in the case of a transfer to which this Schedule applies, the transferor or the transferee purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or any other property transferred-- (a) which before the transfer date belonged to the transferor, or (b) which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties to it and had thereby conveyed or transferred all their interests in the property conveyed or transferred. (7) Sub-paragraph (6) above applies in relation to the grant of any lease of, or any other estate or interest in, or right over any such land or other property as is there mentioned as it applies in relation to a transfer of any such land or other property; and references in that sub-paragraph to a conveyance or transfer shall be construed accordingly. (8) If, in the case of any transfer to which this Schedule applies, it appears to the court at any stage in any court proceedings to which the transferor or the transferee and a person other than the transferor or the transferee are parties that the issues in the proceedings-- (a) depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the transferee have not yet effected, or (b) raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings other than the transferor and the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgment or order given by the court shall bind both the transferor and the transferee accordingly. (9) In the case of any transfer to which this Schedule applies, it shall be the duty of the transferor and the transferee to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (6), (7) or (8) above, and if either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a repayment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Secretary of State for determination by him. Interpretation15 In this Schedule "statutory provision" means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature. Section 112. SCHEDULE 9 Stamp duty and stamp duty reserve taxInterpretation1 (1) In this Schedule--
(2) For the purposes of this Schedule a transfer, instrument or agreement shall be regarded as made in pursuance of Schedule 8 to this Act if the making of that transfer, instrument or agreement is required or authorised by or under paragraph 2 or 3 of that Schedule. Stamp duty2 (1) Stamp duty shall not be chargeable on any restructuring scheme which is certified to the Inland Revenue by the Secretary of State as made by him or as made pursuant to a direction given by him under this Act. (2) Stamp duty shall not be chargeable on any instrument or agreement which is certified to the Inland Revenue by the Secretary of State as made in pursuance of Schedule 8 to this Act, in connection with a restructuring scheme made-- (a) by the Secretary of State; or (b) pursuant to a direction given by him under this Act. (3) Stamp duty shall not be chargeable on any instrument or agreement which is certified to the Inland Revenue by the Secretary of State-- (a) as made pursuant to an obligation imposed by any provision included, by virtue of section 91(1)(c) of this Act, in a restructuring scheme made by-- (i) the Secretary of State; (ii) the Board, pursuant to a direction given by the Secretary of State under this Act; or (iii) the Franchising Director, pursuant to a direction so given; and (b) as operating in favour of no person who does not fall within paragraphs (a) to (e) of section 85(1) of this Act. (4) Stamp duty shall not be chargeable on any instrument or agreement which is certified to the Inland Revenue by the Secretary of State as being a transfer, or an agreement for the transfer, to the Board or any of the Board's subsidiaries of property, rights or liabilities of the Board or any such subsidiary, made for the purpose of facilitating a disposal required to be made pursuant to a direction given by him under this Act. (5) No restructuring scheme or other instrument or agreement which is certified as mentioned in any of sub-paragraphs (1) to (4) above shall be taken to be duly stamped unless-- (a) it is stamped with the duty to which it would be liable, apart from the sub-paragraph in question; or (b) it has, in accordance with section 12 of the [1891 c. 39.] Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped. (6) Section 12 of the Finance Act 1895 (collection of stamp duty in cases of property vested by Act or purchased under statutory power) shall not operate to require-- (a) the delivery to the Inland Revenue of a copy of this Act, or (b) the payment of stamp duty under that section on any copy of this Act, and shall not apply in relation to any instrument on which, by virtue of the preceding provisions of this paragraph, stamp duty is not chargeable. Stamp duty reserve tax3 (1) An agreement to transfer chargeable securities, as defined in section 99 of the [1986 c. 41.] Finance Act 1986, to a person falling within paragraphs (a) to (e) of section 85(1) of this Act shall not give rise to a charge to stamp duty reserve tax if the agreement is made for the purposes of, or for purposes connected with, a restructuring scheme made-- (a) by the Secretary of State; (b) by the Board, pursuant to a direction given by the Secretary of State under this Act; or (c) by the Franchising Director, pursuant to a direction so given. (2) An agreement shall not give rise to a charge to stamp duty reserve tax if the agreement is made in pursuance of Schedule 8 to this Act in connection with a restructuring scheme made as mentioned in paragraph (a), (b) or (c) of sub-paragraph (1) above. Section 132. SCHEDULE 10 Transport police: consequential provisionsThe British Transport Commission Act 19491 (1) Section 53 of the [1949 c. xxix.] British Transport Commission Act 1949 (which makes provision in relation to transport police, including provision with respect to their appointment, dismissal and resignation) shall in its application to England and Wales be amended in accordance with the provisions of this paragraph. (2) For subsection (1) of that section, other than the proviso, there shall be substituted-- " (1) Subject to the provisions of subsection (2) of this section, any two justices may, on the application of the British Railways Board acting in pursuance of a scheme made by the Secretary of State under section 132 of the Railways Act 1993, appoint all or so many as they think fit of the persons recommended to them for that purpose by that Board acting as aforesaid to act as constables throughout England and Wales: " . (3) In the proviso to that subsection, for the words "by any of the Boards" there shall be substituted the words " by-- (a) the British Railways Board; or (b) any person who is a party to an agreement with that Board for making available to that person the services of constables so appointed. " 2 (1) The said section 53 shall in its application to Scotland be amended in accordance with the provisions of this paragraph. (2) In subsection (1) of that section, for the definition of the approved scheme there shall be substituted-- " "the approved scheme" means the scheme in force for the organisation of the transport police made by the Secretary of State under section 132 of the Railways Act 1993; " . (3) In subsection (4)(a), for the words "by any of the Boards or their wholly owned subsidiaries" there shall be substituted the words " by-- (i) any of the Boards or their wholly owned subsidiaries; or (ii) any person who is a party to an agreement with the British Railways Board for making available to that person the services of constables so appointed. " The Transport Act 19623 (1) In the [1962 c. 46.] Transport Act 1962, sections 69 (organisation of transport police), 70 (adaptation of certain references to, and relating to, transport police constables) and 71 (terms and conditions of employment of transport police) shall cease to have effect. (2) Unless and until the Secretary of State by order revokes the British Transport Police Force Scheme 1963, that Scheme shall continue in force and shall be treated as if it had been made under section 132 of this Act; but the Secretary of State may, after consultation with the Board and with-- (a) persons to whom the Board is for the time being making available the services of transport police, or (b) such bodies or persons appearing to the Secretary of State to be representative of those persons as he may consider appropriate, by order make such amendments in that Scheme as he thinks fit. (3) In sub-paragraph (2) above, "the British Transport Police Force Scheme 1963" means the scheme for the organisation of transport police which is set out in the Second Schedule to the [S.I.1992/364.] British Transport Police Force Scheme 1963 (Amendment) Order 1992 (being an order amending that scheme as it was set out in the Schedule to the [S.I.1964/1456.] British Transport Police Force Scheme 1963 (Approval) Order 1964). Section 134. SCHEDULE 11 PensionsInterpretation1 (1) In this Schedule--
(i) the Board or any subsidiary of the Board, or (ii) a publicly owned railway company or a franchise company, and (b) any other person whose membership of that scheme would not prejudice any approval of the scheme for the purposes of Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes), but does not include any such person as is mentioned in paragraph (a) above who participates in the Transport Police scheme;
(2) Any reference in this Schedule to a pension scheme includes a reference to the scheme as amended under or by virtue of this Schedule. (3) Any power to make an order under or by virtue of this Schedule in relation to an existing scheme, the joint industry scheme, a new scheme, the Transport Police scheme, or a designated scheme within the meaning of paragraph 10 below shall be exercisable notwithstanding that the occupational pension scheme in question only becomes such a scheme by virtue of its establishment or designation as such in the instrument which contains the order in question; and references to such schemes shall be construed accordingly. (4) Subject to sub-paragraph (1) above, expressions used in this Schedule and in Part I or II of this Act have the same meaning in this Schedule as they have in that Part. Establishment of new schemes2 (1) The Secretary of State may by order provide for the establishment, administration and management of one or more occupational pension schemes for the provision of pensions and other benefits for or in respect of eligible persons. (2) Without prejudice to the generality of sub-paragraph (1) above, an order under that sub-paragraph may make provision with respect to-- (a) the persons who may participate in, or otherwise be members of, the scheme; (b) the making of contributions by persons participating in the scheme; (c) the making of contributions by employers of persons who participate in the scheme; (d) the amendment of the scheme; (e) the winding up of the scheme, whether in whole or in part; (f) the persons by whom any function under or relating to the scheme is to be exercisable. (3) Any occupational pension scheme established under this paragraph shall be treated for all purposes as if it were a pension scheme established under an irrevocable trust. Amendment of existing schemes3 (1) The Secretary of State may by order amend-- (a) the trust deed of any existing scheme; (b) the rules of any such scheme; or (c) any other instrument relating to the constitution, management or operation of any such scheme; and any reference in this Schedule to amending an existing scheme accordingly includes a reference to amending any such trust deed, rules or other instrument. (2) Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph may, in particular, amend an existing scheme so as to alter any provision, or so as to make provision, with respect to any of the matters specified in paragraphs (a) to (f) of paragraph 2(2) above. (3) An order under this paragraph shall not make any amendment to a scheme-- (a) which would prejudice any approval of that scheme for the purposes of Chapter I of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (retirement benefit schemes); (b) which would prevent the scheme from being a contracted-out scheme for the purposes of Part III of the [1993 c. 48.] Pension Schemes Act 1993 or Part III of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993; (c) which would to any extent deprive a member of the scheme of pension rights which accrued to him under the scheme before the coming into force of the amendment; or (d) which would provide for persons who are not eligible persons to become members of the scheme. (4) The Secretary of State shall not make an order under this paragraph except after consultation with the trustees of the occupational pension scheme to which the order relates. Transfer of pension rights and corresponding assets and liabilities4 (1) Where persons with pension rights under any existing or new scheme ("the transferor scheme") are eligible to be members of another scheme ("the transferee scheme") which is either-- (a) an existing or new scheme, or (b) the Transport Police scheme, the Secretary of State may by order make provision for those persons to be members of the transferee scheme instead of the transferor scheme and for their pension rights under the transferor scheme to be transferred so as to become pension rights under the transferee scheme. (2) Where any pension rights are transferred under sub-paragraph (1) above, the Secretary of State may by order make provision for-- (a) such of the assets held for the purposes of the transferor scheme, and (b) such of the liabilities under or in relation to that scheme of any employers or trustees, as he may consider appropriate in consequence of that transfer to be correspondingly transferred so as to become assets or, as the case may be, liabilities in relation to the transferee scheme. (3) Where any pension rights are transferred under sub-paragraph (1) above, the Secretary of State may by order-- (a) impose on the trustees of the transferee scheme, or on the employer (if any) of the person whose pension rights are transferred, duties with respect to-- (i) the participation of that person or that employer in the scheme, or (ii) the payment of contributions by that employer under the scheme, in accordance with the rules of the scheme; and (b) make provision requiring any person whose approval or consent is necessary in connection with the doing of anything required to be done by virtue of an order under this paragraph to give that approval or consent. (4) The Secretary of State may by order make provision for the winding up of the transferor scheme, whether in whole or in part, in connection with, or in consequence of, any transfers under this paragraph. (5) The Secretary of State shall not make an order under this paragraph except after consultation with the trustees of the occupational pension schemes which are, or are to be, the transferor scheme and the transferee scheme. Protection of pension rights: meaning of "protected person"5 In this Schedule "protected person" means-- (a) any person who immediately before the passing of this Act-- (i) is an employee of the Board or of a subsidiary of the Board; and (ii) is participating in an existing scheme; (b) any person not falling within paragraph (a) above-- (i) who either is, immediately before the passing of this Act, an employee of the Board or of a subsidiary of the Board or has at some earlier time been such an employee; (ii) who has participated in an existing scheme before the passing of this Act; and (iii) who fulfils prescribed conditions; (c) any person who, immediately before the passing of this Act, has pension rights under an existing scheme but is not participating in that scheme; (d) any person who, after the passing of this Act, acquires pension rights-- (i) in consequence of the death of a person falling within paragraph (a), (b) or (c) above, and (ii) by virtue of the participation of that other person in an existing scheme, or in an occupational pension scheme from which pension rights of that person have been transferred, whether directly or indirectly, to an existing scheme. The powers of protection6 (1) The Secretary of State may by order make provision for the purpose of protecting the interests of protected persons in respect of their pension rights. (2) Without prejudice to the generality of sub-paragraph (1) above, an order under that sub-paragraph may make provision for the purpose of securing-- (a) that the relevant pension rights of protected persons are no less favourable as a result of-- (i) any amendment of an occupational pension scheme, (ii) any transfer of pension rights, or (iii) any winding up of an occupational pension scheme, in whole or in part, than they would have been apart from the amendment, transfer or winding up, as the case may be; (b) that a person who is a protected person by virtue of paragraph (a) or (b) of paragraph 5 above is not prevented, otherwise than by reason of either of the following events, that is to say-- (i) the continuity of his period of employment is broken, or (ii) he voluntarily withdraws from an occupational pension scheme, from participating in some occupational pension scheme and acquiring pension rights under that scheme which are no less favourable than those which would have been provided under his former scheme in accordance with the rules of that scheme as in force immediately before the coming into force of the order; or (c) that the employer of a person falling within paragraph (b) above is required to provide an occupational pension scheme in which the person may participate and to which pension rights of his, and assets and liabilities relating to, or representative of, those pension rights, may be transferred; and in paragraph (b) above "former scheme", in relation to a protected person, means the existing scheme mentioned in paragraph (a) or (b), as the case may be, of paragraph 5 above. (3) For the purposes of this paragraph, the "relevant pension rights" of a protected person are so much of his pension rights as consist of or otherwise represent-- (a) in the case of a person who is a protected person by virtue of paragraph (a), (b) or (c) of paragraph 5 above, any pension rights which, immediately before the passing of this Act, he had under the existing scheme mentioned in the paragraph in question; (b) in the case of a person who is a protected person by virtue of paragraph 5(a) or (b) above, any pension rights which he acquires, or has acquired, by virtue of his participation in an occupational pension scheme during the protected period in his case; and (c) in the case of a person who is a protected person by virtue of paragraph (d) of paragraph 5 above, any pension rights which he acquires, or has acquired, after the passing of this Act and in consequence of the death of the other person mentioned in the said paragraph (d) ("the deceased"), being-- (i) pension rights under the existing scheme mentioned in that paragraph, so far as referable to pension rights which the deceased had under that scheme before the passing of this Act; (ii) pension rights under any occupational pension scheme, so far as referable to pension rights which, before the passing of this Act, the deceased had under the existing scheme mentioned in the said paragraph (d) and which have been transferred from that existing scheme, whether directly or indirectly; or (iii) pension rights under any occupational pension scheme, so far as referable to the participation of the deceased in that or any other occupational pension scheme during the protected period. (4) For the purposes of sub-paragraph (3) above, "the protected period" means-- (a) in the case of a person who is a protected person by virtue of paragraph (a) of paragraph 5 above, the period beginning with the passing of this Act and ending with whichever of the following events first occurs, that is to say-- (i) the continuity of the person's period of employment is broken; or (ii) he voluntarily withdraws from an occupational pension scheme; (b) in the case of a person who is a protected person by virtue of paragraph (b) of paragraph 5 above, a period beginning at such time as may be prescribed and ending with whichever of the following events first occurs, that is to say-- (i) the continuity of the person's period of employment is broken; or (ii) he voluntarily withdraws from an occupational pension scheme; and (c) in the case of a person who is a protected person by virtue of paragraph (d) of paragraph 5 above, the period (if any) which is the protected period in the case of the other person mentioned in the said paragraph (d). (5) In determining a person's relevant pension rights for the purposes of this paragraph, where the rules of a pension scheme make provision requiring pension rights which have accrued to a person to be enhanced in consequence of increases in remuneration after the accrual of the pension rights, that provision, and any enhancement resulting from it, shall be treated, so far as relating to any enhancement in consequence of increases in remuneration after the passing of this Act, as pension rights accruing at the time of the increase in remuneration in question. (6) An order under this paragraph may make provision for and in connection with the making of elections in a prescribed manner by protected persons for orders under this paragraph (other than orders by virtue of this sub-paragraph) not to have effect with respect to them or their surviving dependants except to such extent (if any) as may be specified in the election or subject to such conditions (if any) as may be so specified. (7) In sub-paragraph (6) above "surviving dependant", in relation to a protected person, means any person who may acquire, in consequence of the death of the protected person, pension rights referable to relevant pension rights of the protected person. (8) An order under this paragraph may make provision for such orders to cease to have effect in relation to a protected person if-- (a) the continuity of his period of employment is broken, (b) he voluntarily withdraws from an occupational pension scheme, or (c) he requests that his pension rights be transferred from an occupational pension scheme, except in such circumstances or to such extent as may be prescribed. (9) Circumstances may be prescribed in which-- (a) a break in the continuity of a person's period of employment, or (b) a person's voluntary withdrawal from an occupational pension scheme, shall be disregarded for prescribed purposes of this paragraph. (10) Apart from paragraph 18, so much of Schedule 13 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 as has effect for the purpose of ascertaining whether any period of employment is continuous shall apply for the purposes of this paragraph as it applies for the purposes of that Act, except that, in the case of an employee-- (a) who is employed for less than sixteen hours, but for at least one hour, in any week, or (b) whose relations with the employer are governed during the whole or part of a week by a contract of employment which normally involves employment for less than sixteen hours, but for at least one hour, weekly, that Schedule shall so apply in relation to that employee and that week with the modifications in sub-paragraph (11) below. (11) Those modifications are that the said Schedule 13 shall have effect-- (a) as if paragraph 3 provided for any week-- (i) during the whole or part of which the employee's relations with the employer are governed otherwise than by a contract of employment which requires him to be employed for a minimum number of hours weekly, and (ii) in which the employee is employed for one hour or more, Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 -- Back --
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