The Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 (Amendment) Order 2011

AMENDMENT OF THE ARMED FORCES REDUNDANCY SCHEME 2006

Amendment of the Armed Forces Redundancy Scheme Order 2006

2.  The Armed Forces Redundancy Scheme Order 2006(1) is amended as set out in this Part, and references to articles are references to articles of that Order.

Amendment of article 3 (interpretation)

3.  In article 3(1)—

(a) insert at the appropriate place—

““the Armed Forces Redundancy Scheme 1975” means the redundancy compensation arrangements that applied to members of the Armed Forces Pension Scheme 1975 prior to the 10th February 2010 as set out in—

(a)

Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865(2);

(b)

the Army Pensions Warrant 1977(3); and

(c)

Orders and Regulations made under section 2(1) of the Air Force (Constitution) Act 1917(4);”; and

(b) in the definition of “member”, for sub-paragraph (a) substitute—

“(a) does not include an active member of the Gurkha Pension Scheme(5);”.

Amendment of article 4 (eligibility for redundancy payments)

4.—(1) For article 4(3) substitute—

“(3) Condition B is that the person—

(a) has been notified by the Defence Council that they will be treated for the purpose of the Scheme as having become redundant; or

(b) is an officer of at least the rank of Commodore, Brigadier or Air Commodore who has been notified by the Defence Council that they—

(i) are directed to take early retirement; and

(ii) will be eligible for compensation under the Scheme.”.

(2) For article 4(5) substitute —

“(5) Condition D is that the person’s service is not terminated on medical grounds.”.

(3) In article 4(6) for “the Secretary of State has” substitute “the Defence Council have”.

Amendment of article 10 (effect of award under article 5 on later award)

5.—(1) For the heading to article 10 substitute—

“Effect of previous award on later award”.

(2) For article 10(1)(a) substitute—

“(a) a payment is made to a person—

(i) under article 5,

(ii) under article 10 of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010(6), or

(iii) under the Armed Forces Redundancy Scheme 1975,

when that person ceases to be in service (“the old service”); and”.

(1)

S.I. 2006/55; Article 3(1) was amended by S.I.2006/717 and S.I. 2007/2608.

(2)

1865 c. 73 (28 & 29 Vict).

(3)

This instrument, made under section 2 of the Pensions and Yeomanry Pay Act 1884 (47 and 48 Vict c. 55), was revoked by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Royal Warrant, made on 10th February 2010.

(4)

1917 c. 51 (7 and 8 Geo 5).

(5)

The Gurkha Pension Scheme was constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949). The Scheme has been amended by the Armed Forces (Gurkha Pensions) Order 2007 (S.I.2007/2608).

(6)

S.I. 2010/832.