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Regulation 4 Persons to whom the Regulations apply

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Part II applies to any person who has become entitled to a redundancy payment under the 1978 Act in consequence of his having–

(a)

ceased after 31st August 1985 and before 1st April 1989 to be employed in a capacity which was referred to in regulation 5(1) of the 1985 Regulations, or

(b)

ceased after 31st March 1989 to be employed in relevant employment.

(2)

Parts III to V apply to eligible teachers.

(3)

An eligible teacher is a person–

(a)

who immediately before the material date was employed in relevant employment, and

(b)

in relation to whom the conditions in paragraph (4) are satisfied.

(4)

The conditions are that–

(a)

when his employment was terminated he had attained the age of 50 but had not attained the age of 65,

(b)

he then had, or but for an election under regulation B6 of the Superannuation Regulations would have, completed a qualifying period (within the meaning of regulation E3 of those Regulations) of at least 5 years,

(c)

he did not become entitled to payment of retirement benefits under regulation E4(6) of those Regulations (incapacity),

(d)

he is not entitled to have his case considered or considered further for the payment of long-term or retirement compensation under the Colleges of Education (Compensation) Regulations 1975f1 (whether or not by way of review under regulation 32 of those Regulations) in respect of that termination of employment, and

(e)

the former employer has notified the Secretary of State in writing that the employment was terminated by reason of his redundancy or in the interests of the efficient discharge of the employer’s functions.

(5)

Where–

(a)

the former employment fell within category A, and

(b)

the former employer is the local education authority, and

(c)

the governing body of the school or institution requests the authority to do so,

the authority must notify the Secretary of State as mentioned in paragraph (4)(e).

Annotations

Footnotes

f1

S.I. 1975/1092, amended by S.I. 1981/1088.