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6(1)Where a person entered the employment of the CAA on 1st April 1972 and immediately before that date was occupied in employment to which this paragraph applies, then, for the purpose of ascertaining the length of the period of his employment for the purposes of sections 49 and 50 and Part VI of the M1Employment Protection (Consolidation) Act 1978, Schedule 13 to that Act shall have effect—
(a)as if, in a case where he was so occupied otherwise than under a contract of service, employment of his to which this paragraph applies in which he was occupied otherwise than as aforesaid before the said 1st April had been employment within the meaning of the said Act of 1978, and, while he was occupied therein, he had been an employee within the meaning of that Act, but as if for paragraph 4 of that Schedule there were substituted the following paragraph—
“4Any week during the whole or part of which the terms of his employment normally involve employment for sixteen hours or more weekly shall count in computing a period of employment.”;
and
(b)as if, in any case, subject to sub-paragraph (2) below, the period, ending immediately before the said 1st April, of employment of his to which this paragraph applies counted as a period of employment with the CAA (if, apart from this provision, it would not so count) and his transfer to employment with the CAA did not break the continuity of the period of employment (if, apart from this provision, the transfer would have done so).
(2)Where, before the said 1st April, a person’s employment to which this paragraph applies was terminated and a payment made to him in respect of the termination in accordance with the M2Superannuation Act 1965 or any enactment repealed by that Act or in accordance with a scheme made under section 1 of the M3Superannuation Act 1972, or under such arrangements as were mentioned (before it was repealed) in section 41(3) of the M4Redundancy Payments Act 1965, then, whether or not he was re-employed in employment to which this paragraph applies immediately following the termination, Schedule 13 to the said Act of 1978 shall have effect as if the period of his employment before that termination in employment to which this paragaph applies did not count as a period of employment with the CAA.
(3)In the application of paragraph 10 of Schedule 14 to the said Act of 1978 (calculation of rates of remuneration) to a person in whose case sub-paragraph (1) above applies, references in that paragraph to a former employer and a period of employment with a former employer shall be construed in accordance with the preceding sub-paragraphs, and the reference in that paragraph to Schedule 13 to that Act shall be construed as a reference to that Schedule as it has effect by virtue of sub-paragraph (1) above.
(4)Section 7 of the said Act of 1978 (power to vary number of weekly hours of employment necessary to qualify for rights) shall have effect as if references to paragraph 4 of Schedule 13 to that Act included references to the paragraph substituted for that paragraph by sub-paragraph (1) above and to sub-paragraph (5) below.
(5)This paragraph applies to employment of a person in the civil service of the State, and to employment of a person therein in part-time service, where he gives personal service of at least twenty-one hours a week and the remuneration in respect thereof is defrayed entirely out of money provided by Parliament.
(6)This paragraph applies notwithstanding the provisions of section 99 of the said Act of 1978.
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