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8(1)The persons within this paragraph are any of the following employees who are excluded by the scheme from receiving any payment of profit-related pay—
(a)those who are not required, under the terms of their employment, to work in the employment unit for twenty hours or more a week;
(b)those who have not been employed by a relevant employer for a minimum period (of not more than three years) specified in the scheme;
and for this purpose “relevant employer” means the scheme employer or any person who pays the emoluments of any of the employees to whom the scheme relates.
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