PART 11Employment

Public sector exit payments

153CF1Power to relax restriction on public sector exit payments

C11

A Minister of the Crown may relax any restriction imposed by regulations made by the Treasury under section 153A.

2

The Scottish Ministers may relax any restriction imposed by regulations made by the Scottish Ministers under section 153A.

3

The Welsh Ministers may relax any restriction imposed by regulations made by the Welsh Ministers under section 153A.

4

A requirement may be relaxed—

a

in respect of a particular employee or office-holder or a description of employees or office-holders;

b

in relation to the whole or any part of an exit payment, or a description of exit payments.

5

Regulations under section 153A made by the Treasury may—

a

make provision for the power under subsection (1) to be exercisable on behalf of a Minister of the Crown by a person specified in the regulations;

b

except in relation to exit payments made by a F2devolved Welsh authority, make provision for a requirement to be relaxed only—

i

with the consent of the Treasury, or

ii

following compliance with any directions given by the Treasury;

c

make provision as to the publication of information about any relaxation of a requirement granted.

6

Regulations under section 153A made by the Scottish Ministers may—

a

make provision for the power under subsection (2) to be exercisable on behalf of the Scottish Ministers by a person specified in the regulations;

b

where provision is made by virtue of paragraph (a), make provision for a requirement to be relaxed only—

i

with the consent of the Scottish Ministers, or

ii

following compliance with any directions given by the Scottish Ministers;

c

make provision as to the publication of information about any relaxation of a requirement granted.

7

Regulations under section 153A made by the Welsh Ministers may—

a

make provision for the power under subsection (3) to be exercisable on behalf of the Welsh Ministers by a person specified in the regulations;

b

where provision is made by virtue of paragraph (a), make provision for a requirement to be relaxed only—

i

with the consent of the Welsh Ministers, or

ii

following compliance with any directions given by the Welsh Ministers;

c

make provision as to the publication of information about any relaxation of a requirement granted.

8

Regulations made by the Treasury under section 153A(1)—

a

must, if they make provision in relation to exit payments made by a F3devolved Welsh authority, provide for the power conferred on a Minister of the Crown by subsection (1) to be exercised instead by the Welsh Ministers in relation to those exit payments;

b

may provide for the power conferred on a Minister of the Crown by subsection (1) to be exercised instead by the Welsh Ministers in relation to exit payments made by any other authority who is not a F4devolved Welsh authority but who wholly or mainly exercises functions in relation to Wales (but this does not limit the provision that may be made under subsection (5)(a)).

9

In this section—

  • Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • F5devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).