The Teachers (Compensation for Premature Retirement and Redundancy) (Scotland) Regulations 1996

Paying authority

19.—(1) Subject to paragraph (2), compensation payable to any person by virtue of these Regulations shall be paid by the employing authority.

(2) Where a teacher was formerly employed in one of the educational establishments listed in paragraphs 2 to 6, or in paragraph 8, of Schedule 1, the Secretary of State shall, on closure of that establishment, become liable to meet the cost of compensation, except where–

(a) the board of management of an educational establishment referred to in paragraph 5 of Schedule 1 is dissolved by an order made under section 25 of the Further and Higher Education (Scotland) Act 1992(1); or

(b) the governing body of an educational establishment referred to in paragraph 6 of Schedule 1 is dissolved by an order made under section 47 of that Act,

and the order provides for transfer to any person or body of the liability to pay the compensation.

(3) For the purposes of paragraph (2) the date of closure–

(a) of an educational establishment referred to in paragraph 2 of Schedule 1 shall be the date on which the board of management ceases to manage the school and the Secretary of State’s duty to maintain the school ceases in accordance with section 31 of the Self-Governing Schools etc. (Scotland) Act 1989(2) or, if earlier, the date on which the Secretary of State ceases to maintain the school in accordance with section 33 of that Act;

(b) of an educational establishment referred to in paragraph 3 of Schedule 1 shall be the date on which the establishment no longer requires to be registered under Part IV of the Social Work (Scotland) Act 1968(3);

(c) of the educational establishment referred to in paragraph 4 of Schedule 1 shall be the date on which the school ceases to be a grant-aided school as defined in section 135(1) of the Education (Scotland) Act 1980(4);

(d) of an educational establishment referred to in paragraph 5 of Schedule 1 shall be the date with effect from which the board of management of the establishment is dissolved by an order made under section 25 of the Further and Higher Education (Scotland) Act 1992;

(e) of an educational establishment referred to in paragraph 6 of Schedule 1 shall be the date with effect from which the governing body of the establishment is dissolved by an order made under section 47 of the Further and Higher Education (Scotland) Act 1992; and

(f) of the educational establishment referred to in paragraph 8 of Schedule 1 shall be such date as that establishment is dissolved.

(1)

1992 c. 37.

(2)

1989 c. 39.

(3)

1968 c. 49.

(4)

1980 c. 44; the relevant definition was amended by the Education (Scotland) Act 1981 (c. 58), section 5(2) and the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(22)(b).