Regulation 3 Part II

Part II of the 1994 Regulations is amended—

(a)

in regulation 3—

(i)

in sub-paragraph (c) by substituting for the words “reckonable service and qualifying service amounting in aggregate” the words “qualifying employment amounting”; and

(ii)

by inserting after sub-paragraph (d) the following—

“; and

(e)

is not a person who has entered into an agreement as is mentioned in section 142(2) of the Employment Protection (Consolidation) Act 1978 to exclude any right to a redundancy payment under Part VI of that Act and on whose cessation of employment on the material date such exclusion takes effect.”; and

(b)

in regulation 4—

(i)

in paragraph (1) by substituting for the word “within” the words “no later than”;

(ii)

by substituting for the words “reckonable service” where they appear in paragraphs (3) and (4) the words “qualifying employment”;

(iii)

by deleting the words “on or” where they appear in paragraphs (3)(a) and (4)(a) and where they appear for the second time in paragraphs (3)(b) and (4)(b);

(iv)

by substituting for the word “remuneration” where it appears the word “pay”;

(v)

by substituting for the word “aggregate” where it appears the word “total”; and

(vi)

by adding the following after paragraph (5)—

“(6)

Subject to paragraph (8), for the purpose of calculating the compensation payable to a person under this Part, the employing body shall not include in the calculation any years of qualifying employment or continuous employment which it or a previous employing body or relevant body has taken into account for the purpose of calculating compensation which has been paid previously to the person under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.

(7)

Subject to paragraph (8), no period of qualifying employment which has been taken into account in calculating compensation paid under this Part may be taken into account for the purposes of calculating compensation to be paid under these Regulations or other regulations made under section 24 of the Superannuation Act 1972.

(8)

A period of qualifying employment of a person with an employing body which is concurrent with a continuous or qualifying employment with that employing body or another employing body may be included in the calculation of qualifying employment under this Part by that employing body.”.