The Compensation for Redundancy or Premature Retirement (Scottish Environment Protection Agency and River Purification Boards Transitional Arrangements) (Scotland) Regulations 1996

PART III NOTIFICATION AND PAYMENT

Notification of compensation

11.—(1) A relevant body, after making a determination in accordance with regulation 5, shall, as soon as reasonably practicable, give the person in respect of whom that determination is made, or such other person or persons to whom compensation is payable in accordance with these Regulations, written notification of the compensation that the relevant body has determined to pay, less any deduction that requires to be made under regulation 10, and the calculation thereof.

(2) Where a relevant body determines to pay compensation under regulation 5(b), or under regulation 5(d) to a person to whom the provisions of regulation 7 apply, the notification given in terms of paragraph (1) above shall refer to the conditions that the eligible employee must satisfy in terms of regulation 7(3) before such compensation can be paid.

Payment of compensation

12.  Subject to satisfaction of any conditions which require to be met before payment can be made, any sum payable under these Regulations, less any deduction under regulation 10, shall be paid by the relevant body, as soon as practicable after making a determination in accordance with regulation 5, in the form of a lump sum payable to or in trust for the person entitled to receive the compensation and shall not be assignable.

Right of appeal

13.—(1) If any person is dissatisfied with a relevant body’s determination under regulation 5(a) or if a relevant body has failed to notify him, in accordance with regulation 11(1), of any such determination made on or before the later of the dates specified in regulation 5, he may, after having exhausted all internal grievance procedures which may be made available by the relevant body in respect of the matter, institute proceedings for determination of the matter by an industrial tribunal in accordance with the Industrial Tribunals (Constitution and Rules of Procedure (Scotland) Regulations 1993(1); and the tribunal shall determine the matter accordingly.

(2) Proceedings under paragraph (1) shall be instituted—

(a) within three months after the grievance procedures referred to in paragraph (1) have been exhausted; or

(b) if no such procedures are available—

(i) where the person is dissatisfied with the determination, within three months after its notification to him; and

(ii) in any other case, within three months after the later of the dates specified in regulation 5.

(1)

S.I. 1993/2688, to which there are amendments not relevant to these Regulations.