Civil Aviation Act 1982

7 (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 1 and 2 of the M1 Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (in this paragraph referred to as “the Act of 1965”), Schedule 1 to that Act shall have effect— U.K.

(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 Act of 1965, 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—

“4 Any week during the whole or part of which the terms of his employment normally involve employment for twenty-one 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a payment made to him in respect of the termination in accordance with the M2 Superannuation Act 1965 or any enactment repealed by that Act or in accordance with a scheme made under section 1 of the M3 Superannuation Act 1972, or under such arrangements as were mentioned (before it was repealed) in section 41(3) of the M4 Redundancy Payments Act 1965, then, whether or not he was re-employed in employment to which this paragraph applies immediately following that termination, Schedule 1 to the Act of 1965 shall have effect as if the period of his employment before that termination in employment to which this paragraph applies did not count as a period of employment with the CAA.

(3) In the application of this paragraph 8 of Schedule 2 to the M5 Industrial Relations (Northern Ireland) Order 1976 (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 1 to the Act of 1965 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 Act of 1965 (power to vary number of weekly hours of employment necessary to qualify for rights) shall have effect as if the reference therein to paragraph 4 of Schedule 1 to that Act included a reference to the paragraph substituted for that paragraph by sub-paragraph (1) above and to sub-paragraph (7) below.

(5) For the purpose of computing, for the purposes of the Act of 1965, a period of employment of a person in whose case sub-paragraph (1) above applies, any reference in that Act to Schedule 1 to that Act or to Schedule 2 to the M6 Industrial Relations (Northern Ireland) Order 1976 shall, in relation to employment of his to which this paragraph applies being employment before the said 1st April, be construed as a reference to the said Schedule 1 or the said Schedule 2, as the case may be, as it has effect by virtue of sub-paragraphs (1) to (4) above.

(6) Where a person entered the employment of the CAA on the said 1st April and, immediately before that date, was occupied in employment to which this paragraph applies, then, for the purpose of computing a period of employment for the purposes of the said Schedule 1 as applied by Schedule 3 to the Act of 1965, a period in which he was occupied in employment to which this paragraph applies shall, notwithstanding the provisions of section 26(3) of the Act of 1965 (which excludes the application of section 11 of that Act to a person in respect of certain employment), be treated as if it had been a period in respect of which section 11 of that Act had applied.

(7) 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.

Marginal Citations

M1 1965 c. 19 (N.I.).

M2 1965 c. 74.

M3 1972 c. 11.

M4 1965 c. 62.

M5 S.I. 1976/1043 (N.I. 16).

M6 S.I. 1976/1043 (N.I. 16).