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138.—(1) Where—
(a)a person leaves an employment in relation to which he is an active member, because he is transferred to another employment in the circumstances set out in paragraph (2), and
(b)apart from this paragraph, he would not be treated for regulation 31 (early leavers) as leaving a local government employment,
he must be so treated for that regulation.
(2) Those circumstances are—
(a)that he leaves that employment as a result of a transfer to another employment which is—
(i)an employment with the same employing authority at lower pay, or
(ii)an employment with a different employing authority; and
(b)that transfer is made by virtue or in consequence of—
(i)an order made under section 17 of the Local Government Act 1992(1),
(ii)the Local Government (Wales) Act 1994(2), or
(iii)the transfer to the Environment Agency under section 3(1)(a)(ii) or (b)(ii) of the Environment Act 1995(3) of the property, rights and liabilities of a waste regulation authority in England or Wales (as defined in section 56 of that Act).
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