Regulation 2 Interpretation

(1)

In these Regulations, unless the context otherwise requires–

(a)

any reference to a numbered regulation or Part or to the Schedule is to be construed as a reference to the regulation or Part which bears that number in, or as the case may be to the Schedule to, these Regulations, and any reference to a numbered paragraph in a regulation of or the Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, in the Schedule,

(b)

any reference to, or to things done or falling to be done under or for the purposes of, any provision of these Regulations is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding provision in the 1985 Regulations has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision, and

(c)

subject to paragraph (2), any expression for which there is an entry in the first column of Schedule 1 to the Superannuation Regulations has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.

(2)

In these Regulations, unless the context otherwise requires–

“the 1971 Act” means the Pensions (Increase) Act 1971^f1;
“the 1978 Act” means the Employment Protection (Consolidation) Act 1978^f2;
“the 1988 Act” means the Education Reform Act 1988^f3;
“the 1985 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985^f4;
“the Superannuation Regulations” means the Teachers' Superannuation (Consolidation) Regulations 1988^f5;
“annual compensation” means annual compensation payable under regulation 7;
“assumed retirement pension” is to be construed in accordance with regulation 7(5);
“compensating authority” is to be construed in accordance with regulation 17;
“compensation” means compensation payable under these Regulations;
“credited teacher” means an eligible teacher who has been credited with a period of service under regulation 6, and “credited period” means the period with which he has been credited;
“effective service” is to be construed in accordance with regulation 6(2);
“eligible teacher” is to be construed in accordance with regulation 4(3);
“former employment”, in relation to an eligible teacher or a credited teacher, means relevant employment in relation to which the conditions in regulation 4(4) are satisfied, and “former employer” means the person who employed him in that employment;
“lump sum compensation” means lump sum compensation payable under regulation 7;
“material date”, in relation to an eligible teacher or a credited teacher, means the date on which he ceased to hold his former employment;
“new employment” has the meaning given in regulation 15(2);
“redundancy payment”, in relation to a person’s former employment, means the aggregate of the amounts paid in respect of its cessation by way of–
1. (a)
  
  the redundancy payment to which he became entitled under the Redundancy Payments Act 1965^f6 or under Part VI of the 1978 Act^f7,
2. (b)
  
  any increase paid by the former employer before 11th August 1983 so that the payment, as increased, corresponded to that which would have been payable had the Redundancy Payments (Local Government) (Modification) Order 1983^f8 been in force on the material date, and
3. (c)
  
  any compensation which was paid by the former employer under regulation 5 or was of an amount corresponding to that which would have been payable under that regulation if it had been in force on the material date; and
“relevant employment” is to be construed in accordance with regulation 3.

(3)

Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Annotations

Footnotes

f1: 1971 c. 56.
f2: 1978 c. 44.
f3: 1988 c. 40.
f4: S.I. 1985/1181.
f5: S.I. 1988/1652.
f6: 1965 c. 62.
f7: Part VI has been amended by subsequent legislation; in particular section 81 was amended by the Employment Act 1982 (c. 46), Schedule 3, paragraph 2(1).
f8: S.I. 1983/1160.