Part VIU.K. Miscellaneous Provisions relating to Part I to V

Modifications etc. (not altering text)

EarningsN.I.

112 Certain sums to be earnings.N.I.

(1)[F1The Treasury may by regulations made with the concurrence of the Department] provide—

(a)that any employment protection entitlement shall be deemed for the purposes of Parts I to V of this Act to be earnings payable by and to such persons as are prescribed and to be so payable in respect of such periods as are prescribed; and

(b)that those periods shall, so far as they are not periods of employment, be deemed for those purposes to be periods of employment.

(2)In subsection (1) above “employment protection entitlement” means—

(a)any sum, or a prescribed part of any sum, mentioned in subsection (3) below; and

(b)prescribed amounts which the regulations provide are to be treated as related to any of those sums.

[F2(2A)Regulations under subsection (2) above shall be made by the Treasury with the concurrence of the Department.]

(3)The sums referred to in subsection (2) above are the following—

(a)a sum payable in respect of arrears of pay in pursuance of an order for reinstatement or re-engagement under [F3the Employment Rights (Northern Ireland) Order 1996] ;

(b)a sum payable by way of pay in pursuance of an order under that Order for the continuation of a contract of employment;

(c)a sum payable by way of remuneration in pursuance of a protective award under that Order.

Textual Amendments

F1Words in s. 112(1) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 21(2) (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)

F2S. 112(2A) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 21(3) (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)

F3Words in s. 112(3) substituted (24.9.1996) by S.I. 1996/1919, art. 255, Sch. 1 (with Sch. 2)

Modifications etc. (not altering text)

C2S. 112 applied (7.2.1994) by 1993 c. 49, s. 176(1); S.R. 1994/17, art. 2