The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006

Revocation of Regulations, transitional provisions and savings

11.—(1) The following are revoked but subject to the transitional provision in paragraph (2) and the savings in Schedule 2 —

(a) the 2000 Regulations,

(b) regulation 598 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001(1),

(c) the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) (Miscellaneous) Regulations 2002(2),

(d) regulation 9(2) of the Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003(3), and

(e) regulation 5 of the Local Government Pension Scheme (Civil Partnership) (Amendment) (England and Wales) Regulations 2005 (4)

(2) An employing authority may decide to pay compensation under the 2000 Regulations to a person whose employment with them commenced before 1st October 2006 and whose termination date is after 30th September 2006 and before 1st April 2007.

(3) An employing authority may decide to pay compensation under regulation 6 of these Regulations to a person—

(a) whose employment with them terminated after 30th September 2006 and before the date on which these Regulations come into force, and

(b) in respect of whom a decision to pay lump sum compensation has been made and notified under Part 3 of the 2000 Regulations before the date on which these Regulations come into force (“the 2000 lump sum”).

(4) The amount that an employing authority may decide to pay under paragraph (3) may not exceed the difference between—

(a) 104 weeks’ pay, and

(b) the 2000 lump sum

but if the person in whose favour a decision under paragraph (3) has been made receives a redundancy payment under Part 11 of the 1996 Act or compensation under regulation 5 of the 2000 Regulations or regulation 5 of these Regulations, the equivalent amount shall be deducted from the compensation otherwise payable to him under paragraph (3) if no such adjustment has already been made.

(5) Nothing in these Regulations shall place any individual who is eligible to participate in the benefits for which the 2000 Regulations provide in a worse position than he would have been in if all the provisions of these Regulations had been framed so as to have effect only from the date of their making.

(1)

S.I. 2001/3649.

(2)

S.I. 2002/769.

(3)

S.I. 2003/1022.

(4)

S.I. 2005/3069.