Small Business, Enterprise and Employment Act 2015 (c. 26)

PART 11 U.K. Employment

Public sector exit payments U.K.

[F1 153C Power to relax restriction on public sector exit payments U.K.

(1) 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 [F2 devolved 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 [F3 devolved 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 [F4 devolved 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;

• [F5 “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).]]

Textual Amendments

F1 Ss. 153A-153C inserted (1.2.2017) by Enterprise Act 2016 (c. 12), ss. 41, 44(4)(b); S.I. 2017/70, reg. 2(b)

F2 Words in s. 153C(5)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 109(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F3 Words in s. 153C(8)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 109(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F4 Words in s. 153C(8)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 109(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F5 Words in s. 153C(9) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 109(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

Modifications etc. (not altering text)

C1 S. 153C(1): transfer of functions (4.11.2020) by The Restriction of Public Sector Exit Payments Regulations 2020 (S.I. 2020/1122), regs. 1(2), 10 (with reg. 11)