The Local Government (Compensation for Reduction of Remuneration on Reorganisation) (Scotland) Regulations 1995

Interpretation

2.—(1) In these Regulations—

“the 1994 Act” means the Local Government etc. (Scotland) Act 1994(1);

“the 1979 Regulations” means the Local Government (Compensation for Premature Retirement) (Scotland) Regulations 1979(2);

“the 1994 Regulations” means the Local Government (Compensation for Redundancy) (Scotland) Regulations 1994(3);

“the 1995 Regulations” means the Local Government (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995(4);

“eligible employee” means—

(a)

an eligible employee within the meaning of—

(i)

the 1994 Regulations; or

(ii)

the Local Government (Education Administration) (Compensation for Redundancy or Premature Retirement on Reorganisation) (Scotland) Regulations 1995(5),

who was, on 6th April 1995, an employee of an old authority; or

(b)

a person who was, on 6th April 1995, an employee of a development corporation established under the New Towns (Scotland) Act 1968(6);

“new authority” means—

(a)

any of the following established under the Local Government etc. (Scotland) Act 1994:—

(i)

an authority established under section 2;

(ii)

Strathclyde Passenger Transport Authority established under section 40;

(iii)

a body established under section 62(1) (water and sewerage authorities); or

(iv)

the Scottish Children’s Reporter Administration established under section 128; or

(b)

a joint board appointed under any Act or any statutory order or statutory scheme, if all the constituent authorities are local authorities described in paragraph (a)(i) of this definition;

“old authority” means—

(a)

Central Scotland Water Development Board established under section 3 of the Water (Scotland) Act 1967(7);

(b)

a development corporation established under the New Towns (Scotland) Act 1968;

(c)

a Passenger Transport Executive established under section 9(1) of the Transport Act 1968(8);

(d)

a local authority constituted under section 2 of the Local Government (Scotland) Act 1973(9); or

(e)

a joint board appointed under any Act or any statutory order or statutory scheme if all the constituent authorities are local authorities described in paragraph (d) of this definition;

“prescribed period” means the period beginning with 6th April 1995 and ending with 31st March 1997;

“remuneration” means all the salary, wages, fees and other payments paid or made by an employer to an employee for his own use and shall include the money value associated with the provision by the employer to the employee of accommodation or a motor vehicle insofar as that accommodation or motor vehicle is available for the employee’s private use, together with any allowances in kind provided or paid to the employee and appertaining to his employment, but shall not include—

(i)

any payment made by an employer to an employee in consequence of that employee undertaking additional or different duties on behalf of the employer on a temporary basis in the absence, for whatever reason, of the employee usually or formerly employed to undertake these duties;

(ii)

any payment made by an employer to an employee in consequence of that employee undertaking additional duties on a temporary basis which arise from any provision of, or made under, the 1994 Act;

(iii)

unless it is a usual incident of his employment, any other payment by an employer to an employee for overtime or any bonus payment not of a kind specified in sub-paragraph (ii);

(iv)

any allowance paid by an employer to an employee to cover the cost incurred by the employee in providing office accommodation, or clerical or other assistance;

(v)

any travelling or subsistence allowance or other monies paid by an employer to an employee to be spent, or to cover expenses incurred, by the employee for the purposes of his employment;

(vi)

any payment by an employer to an employee as compensation for loss of holiday entitlement;

(vii)

any payment by an employer in lieu of notice terminating an employee’s contract of employment; and

(viii)

any compensation payable to an employee under these Regulations.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to be construed as a reference to the regulation that bears that number in these Regulations and any reference in a regulation to a numbered paragraph is to be construed as a reference to the paragraph that bears that number in that regulation.

(1)

1994 c. 39.

(2)

S.I. 1979/785, amended by S.I. 1982/917, 1984/846, 1986/409, 1990/125, 1992/1025 and 1597, 1993/490, 1994/1715 and 3068 and 1995/340.

(3)

S.I. 1994/3068 amended by S.I. 1995/340.

(4)

S.I. 1995/340.

(5)

S.I. 1995/840.

(6)

1968 c. 16.

(7)

1967 c. 78; section 3 was repealed by the Water (Scotland) Act 1980 (c. 45), Schedule 11, but the Board continues to exercise its functions by virtue of section 80 of that Act.

(8)

1968 c. 73; section 9(1) was substituted by the Transport Act 1985 (c. 67), section 57(1).

(9)

1973 c. 65; to which no relevant amendments have been made.