Explanatory note

These Regulations make provision for matters connected with the Education Reform Act 1988 (“the 1988 Act”) and the Local Government Act 1985 (c. 51) (“the 1985 Act”).

Regulation 2 provides for continuity of employment, for the purposes of the Local Government Superannuation Regulations 1986, for ILEA non-teaching staff and London Residuary Body employees who are transferred by order under section 172 of the 1988 Act to scheduled bodies (as defined in those Regulations), and for employees who transfer voluntarily between scheduled bodies in circumstances to which section 174 of that Act (which provides continuity of employment for certain other purposes) applies.

Regulation 3 provides for the determination of questions as to the application of regulation 2, and regulation 4 allows persons to elect to be treated as if regulation 2 did not apply and they had instead acquired and retained rights to preserved benefits.

Regulation 2 is by virtue of section 12 of the Superannuation Act 1972 made retrospective to the earliest day of transfers to which section 174 of the 1988 Act applies, but where rights in relation to ex-employees could be adversely affected, provision is made for opting out (regulation 5).

Regulation 6 amends the Local Government Reorganisation (Compensation) Regulations 1986 (“the 1986 Regulations”) so as to make part-time employees eligible for compensation under Part III of those Regulations in respect of loss or diminution of emoluments attributable to any provision made by or under the 1985 Act.

Regulation 6 is by virtue of section 24 of the Superannuation Act 1972 made retrospective to the date on which the 1986 Regulations came into force.