The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001

Regulation 2(1)

SCHEDULE 1

Part I EMPLOYING AUTHORITIES TO WHICH PARTS II AND III APPLY

• A district council;

• Northern Ireland Local Government Officers' Superannuation Committee;

• Northern Ireland Housing Executive;

• An Education and Library Board;

• Fire Authority for Northern Ireland;

• Local Government Staff Commission;

• Staff Commission for Education and Library Boards;

• University of Ulster, except that these regulations apply only to a person who was employed immediately before 1st October 1984 by the Governors of the Ulster Polytechnic;

• The governing body of a college of education as defined in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986(1);

• The Management Board of a training school set up under the provisions of section 138 of the Children and Young Persons Act (Northern Ireland) 1968(2);

• Probation Board for Northern Ireland;

• Northern Ireland Fishery Harbour Authority;

• The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997(3); and

• Laganside Corporation.

Part II LGPS EMPLOYERS TO WHICH PART V APPLIES

• A district council;

• Northern Ireland Local Government Officers' Superannuation Committee;

• Northern Ireland Housing Executive;

• An Education and Library Board;

• Fire Authority for Northern Ireland;

• Local Government Staff Commission;

• Staff Commission for Education and Library Boards;

• The governing body of a college of education as defined in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;

• The Management Board of a training school set up under the provisions of section 138 of the Children and Young Persons Act (Northern Ireland) 1968;

• Probation Board for Northern Ireland; and

• The governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.

Regulation 11

SCHEDULE 2 Appropriate percentages for adjustment of annual compensation for redundancy payments

TABLE

	Appropriate percentage
Age last birthday	Male	Female
50	6.04	5.61
51	6.12	5.66
52	6.21	5.72
53	6.31	5.80
54	6.45	5.90
55	6.59	6.02
56	6.75	6.13
57	6.92	6.26
58	7.10	6.40
59	7.30	6.55
60	7.51	6.70
61	7.73	6.87
62	7.97	7.05
63	8.23	7.24
64	8.51	7.45

Regulation 41

SCHEDULE 3 Transitional provisions and savings

Part I

1.  Regulation 3 does not apply if the cessation of employment referred to in paragraph (1) of that regulation occurred before 15th May 1986.

Part II

2.  Nothing in Part III applies to a person who ceased to hold his employment with an employing authority as mentioned in regulation 5(1)(a) before 29th March 1976.

3.  Where the employment by reference to the cessation of which a period might fall to be credited ceased to be held before 6th April 1988, Part III shall have effect as if the amendments made by the Local Government (Superannuation and Compensation) (Amendment) Regulations (Northern Ireland) 1991(4) had not been made (and, in particular, that Part shall have effect with such modifications as are necessary for the omission of references to assumed members and the expressions defined in regulation 6).

4.  If the material date was before 1st April 1983, regulation 7 shall have effect with the substitution for any reference to the material date of a reference to that date.

5.  Regulations 12 and 13 do not apply to the compensation payable to a person whose material date is before 1st April 1983.

6.  In a case where the death occurs on or before 5th April 1988, regulation 19(2) applies with the omission of paragraph (a)(i) and the word “otherwise” in paragraph (a)(ii).

7.  Regulations 20(4), 22(2) and 24(4) do not apply if the material date in relation to the deceased was before 1st April 1983.

8.  As respects any female employee who—

(a) duly elected under regulation El2(1)(b) or(2)(b) of the 1992 Regulations (election by wife of dependent and permanently incapacitated husband);

(b) duly elected under regulation 11(1) of the 1983 Regulations (similar elections and elections by unmarried women with potentially eligible children); or

(c) immediately before these Regulations came into force was a person to whom regulation 11(2) of the 1983 Regulations applied,

these Regulations have effect as if references in them to provisions in Parts D, F and G of the LGPS Regulations were references to those provisions as modified by paragraphs 2 and 3 of Schedule F1 to those Regulations.

Part III

9.  Regulation 31 does not apply if the cessation of employment referred to in paragraph (1) of that regulation occurred before 28th December 1994.

Regulation 42

SCHEDULE 4 Subordinate legislation revoked

Year and Number	Title	Extent of revocation
1983 No. 30	Local Government (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983	All the Regulations.
1986 No. 80	Local Government (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland 1986	All the Regulations.
1991 No. 19	Local Government (Superannuation and Compensation) (Amendment) Regulations (Northern Ireland) 1991	Part III
1992 No. 547	Local Government (Superannuation) Regulations (Northern Ireland) 1992	Part L and Schedule 19 and the other provisions of the Regulations in so far as are required for the purposes of Part L and Schedule 19
1998 No. 41	Local Government (Superannuation and Compensation) (Institutions of Further Education) Regulations (Northern Ireland) 1998	Part III
1998 No. 286	Local Government (Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 1998	All the Regulations

(1)

S.I. 1986 No. 594 (N.I. 13)

(2)

1968 c. 34 (N.I.) as substituted by Schedule 16 to S.I. 1972/1265 (N.I. 14) and replaced by Article 51 of and Schedule 4 to S.I. 1998/1504 (N.I. 9)

(3)

S.I. 1997/1772 (N.I. 15)

(4)

S.R. 1991 No. 19