Paragraph 3

(1)

There shall not transfer under article 3 the functions of the Residuary Body in crediting a person with a period of additional service under regulation 5 of the Local Government (Compensation for Premature Retirement) Regulations 1982^f1.

(2)

There shall not transfer under article 3 any matter relating to the payment of compensation for loss of employment or loss or diminution of emoluments arising with respect to an employment with the Residuary Body unless that compensation is—

(a)

compensation under the Local Government (Compensation for Premature Retirement) Regulations 1982 payable in consequence of a person having been credited by that body with a period of additional service under regulation 5 of those Regulations;

(b)

compensation under Part II of the Local Government Reorganisation (Compensation) Regulations 1986^f2 payable in consequence of a person being treated as having been credited with a period of additional service under regulation 3(2)(b)(i) of those Regulations, or compensation under Part III of those Regulations; or

(c)

compensation under rights preserved by section 53(3) of the 1985 Act which falls to be calculated by reference to a person having been credited with a period of additional service.

(3)

(a)

compensation under Part VI of the Employment Protection (Consolidation) Act 1978^f3 (including that Part as applied by section 59 of the 1985 Act) or Part II of the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984^f4;

(b)

compensation under Part II of the Local Government Reorganisation (Compensation) Regulations 1986 which is not payable in consequence of a person being treated as having been credited with a period of additional service under regulation 3(2)(b)(i) of those Regulations; or

(c)

compensation under rights preserved by section 53(3) of the 1985 Act, or under rights arising by virtue of section 59(4) of that Act, which does not fall to be calculated by reference to a person having been credited with a period of additional service.

(4)

There shall not transfer under article 3 any matter relating to the making of payments under a scheme made pursuant to section 59(3) of the 1985 Act.

(5)

There shall not transfer under article 3 any matter relating to the payment of compensation under paragraph 3(3) of Schedule 13 to the 1985 Act.

(6)

There shall not transfer under article 3 any matter mentioned in paragraph 1(c) (payment of pension increases) in cases where the functions of the Residuary Body with respect to the payment of the pension by reference to which the relevant increase is payable are not transferred under that article.

(7)

There shall not transfer under article 3 any matter mentioned in paragraph 1(d) (funds maintained by the Residuary Body) where the fund is maintained in whole or in part for the purposes of functions which are not transferred under that article.

Annotations

Footnotes

f1: S.I. 1982/1009, amended by S.I. 1984/740 and 1986/151.
f2: S.I. 1986/151.
f3: 1978 c. 44; Part VI was amended by the Employment Act 1980 (c. 42), Schedule 2, by the Employment Act 1982 (c. 46), Schedule 2, paragraph 6, Schedule 3, paragraph 2 and Schedule 4, and by the Wages Act 1986 (c. 48), section 27 and Schedule 4, paragraph 8; it also has effect in certain cases as modified by the Redundancy Payments (Local Government) (Modification) Order 1983 (S.I. 1983/1160, amended by S.I. 1985/1872).
f4: S.I. 1984/740.