Statutory Instrument 1994 No. 3025

The Local Government (Compensation for Redundancy) Regulations 1994

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1994 No. 3025

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Compensation for Redundancy) Regulations 1994

Made	28th November 1994

Laid before Parliament

5th December 1994

Coming into force

28th December 1994

The Secretary of State for the Environment, in exercise of the powers conferred upon him by section 24 of the Superannuation Act 1972^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

PART I

Citation and commencement
    1.    These Regulations may be cited as the Local Government (Compensation for Redundancy) Regulations 1994 and shall come into force on 28th December 1994, but regulations 2, 13 and 14 shall have effect from 1st April 1980.

Interpretation
    2.—(1)  In these Regulations—

"eligible employee" means—
 (a) a pensionable employee; or
 (b) a person who would be a pensionable employee but for the fact that his contract of employment is for fewer than 35 weeks per annum.


"employing body" means an employing authority within the meaning of the Local Government Superannuation Regulations 1986^[2] or a county borough council in Wales or the Residuary Body for Wales established by the Local Government (Wales) Act 1994^[3];


"the prescribed period" means, in respect of a relevant body in England, a period beginning on the day on which the order under section 17 of the Local Government Act 1992^[4] is made and ending on the expiry of a period of 18 months beginning with the day on which the changes in structure and area enacted by that order have effect, and in respect of a relevant body in Wales, the period beginning 1st January 1996 and ending 31st March 1997;


"relevant body" means in England an authority in respect of whom an order is made under section 17 of the Local Government Act 1992 affecting the structure or area of that authority or, as the case may be, in Wales a body referred to in section 43(1)(a) of the Local Government (Wales) Act 1994;


"remuneration" means, in the case of a pensionable employee, his pensionable remuneration and, in the case of an eligible employee who is not a pensionable employee, the remuneration which would have been his pensionable remuneration had he been a pensionable employee during the relevant period;


"the 1982 Regulations" means the Local Government (Compensation for Premature Retirement) Regulations 1982^[5]; and


"special service" shall include any period of employment which the employing body is satisfied it would have treated as special service within the meaning of the 1982 Regulations but for the fact that the person concerned was in a qualifying part-time employment as defined in Part IV of Schedule 2 to the Superannuation Regulations^[6] which at the time of such period of employment did not render a person eligible to elect to become a pensionable employee.

    (2)  In these Regulations, unless the context otherwise requires, any expression which is also used in the 1982 Regulations has the same meaning as in those Regulations.

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Notes:

[1] 1972 c. 11.

[2] S.I. 1986/24; relevant amending S.I.s are 1986/380, 1987/293, 1988/466, 1989/372, 1462, 1990/503, 1991/2471, 1992/172, 1993/1367, 1814, 3030 and 3043.

[3] 1994 c. 19. See section 1 of that Act for the establishment of county borough councils and section 39 for the establishment of the Residuary Body for Wales.

[4] 1992 c. 19.

[5] S.I. 1982/1009, amended by S.I. 1984/740, 1986/151, 1988/466, 1989/372, 1815, 1990/2380, 1992/2432, 1993/2890, 3108.

[6] Part IV of Schedule 2 to the Local Government Superannuation Regulations 1986 S.I. 1986/24 was inserted by S.I. 1987/293 and amended by S.I. 1988/466, 1992/172 and 1993/1814.

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