Regulation 5 Persons treated as employees of a scheduled body
Regulation B2 of the principal Regulations is amended—
in paragraph (1), by inserting at the end of the entry in column (1) of the Table relating to members of, and directors of subsidiaries of, passenger transport executives the words“or who are pensionable employees by virtue of, or of an election under, Part IV of Schedule 2”;
in paragraph (2)—
by inserting after sub-paragraph (b) the following:
“or
(c)Part IV of Schedule 2, or an election under that Part,”, and
by substituting for the words“who passed the resolution”the words“who passed the relevant resolution”;
in paragraph (4B)—
by substituting for the words“had effect”the words“had continued to have effect”, and
by inserting after the words“he shall”the words“, unless he then becomes an admitted employee,”;
in paragraph (4C), by substituting for the words“had effect shall”the words“had continued to have effect shall, unless he then becomes an admitted employee,”;
in paragraph (4F), by deleting the words““public transport company””; and
by inserting after paragraph (4F) the following:
“(4G)Every employee of a public airport company (“the first airport company”) in relation to whom a resolution under regulation 2 of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987 has effect shall for the purposes of these Regulations be deemed to be in employment with the body who passed the resolution.
(4H)If a person in relation to whom such a resolution had continued to have effect becomes an employee of another public airport company (“the second airport company”) whose controlling authority—
(a)is not the body who passed the resolution or a composite authority of which that body was a constituent council, but
(b)is an authority which has, or a composite authority one at least of whose constituent councils has, also passed such a resolution,
for the purposes of these Regulations he shall, unless he then becomes an admitted employee, be deemed to be in employment with the controlling authority of the second airport company or, where that authority is a composite authority, with such one of its constituent councils as the authority may decide.
(4I)If a person to whom paragraph (4G) or (4H) applies becomes an employee of a subsidiary of, as the case may be, the first airport company or the second airport company, the relevant paragraph continues to apply to him as if he had remained an employee of the company in question.
(4J)Paragraph (4G) and paragraph (4H) cease to apply to a person if the first airport company or, as the case may be, the second airport company ceases to be a public airport company.
(4K)In paragraph (4G) to (4J)“controlling authority”,“composite authority”and“constituent council”have the meanings given in section 16 of the Airports Act 1986 and“subsidiary”has the meaning given in section 82(1) of that Act.”.