Explanatory note

These Regulations amend the Education (Reorganisation in Inner London) (Compensation) Regulations 1989 (“the 1989 Regulations”) which make provision for the payment of compensation in cases falling within section 173(1)and (2) of the Education Reform Act 1988 (c. 40) (certain persons suffering loss of employment with the Inner London Education Authority or the London Residuary Body, or loss or diminution of emoluments, attributable to provision made by or under Part III of that Act)

The definition of “qualifying employment” in regulation 1(3) is amended so as to include employment with the City Literary Institute.

Paragraph 5(b) of regulation 6 is amended so as to make it clear that it is the London Residuary Body which, in calculating the annual average of a person’s fees or other variable payments, may choose to do so by reference to a period other than the 5 years immediately preceding the relevant date provided for in sub-paragraph (a) of that paragraph. Such alternative period must be one which the London Residuary Body considers will produce a fair and reasonable result in the circumstances.

Regulation 7(2) is amended so as to make part-time employees, in addition to full-time employees, eligible for compensation under Part III of the 1989 Regulations in respect of loss or diminution of emoluments attributable to provision made by or under Part III of the Education Reform Act 1988.

Taken with regulation 2(2)(b) of the 1989 Regulations the amendment to regulation 7(2) will confer entitlement on the relevant persons in specified circumstances to compensation in relation to loss or diminution of emoluments occurring after 13th July 1989. Section 24 of the Superannuation Act 1972 confers express power to make regulations retrospective in effect.