Regulation 2 Interpretation

In these Regulations, unless the context otherwise requires—

In these Regulations—

• “the 1971 Act” means the Pensions (Increase) Act 1971^f1;

• “the 1988 Act” means the Education Reform Act 1988^f2;

• “the 1996 Act” means the Education Act 1996^f3;

• “the 1985 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985^f4;

• “the 1989 Regulations” means the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989^f5;

• “the Superannuation Regulations” means the Teachers’ Superannuation (Consolidation) Regulations 1988^f6;

• “annual compensation” without further qualification means annual compensation payable under regulation 7, regulation 12 or both;

• “appropriate person” means—

  1. (a)

     in the case of a person employed at an aided school within the meaning of section 32 of the 1996 Act, the local education authority, and

  2. (b)

     in the case of any other employee, the person by whom he was employed;

• “assumed retirement lump sum” and “assumed retirement pension” are to be construed in accordance with regulation 12(5);

• “compensating authority” is to be construed in accordance with regulation 22;

• “compensation” without further qualification means compensation payable under these Regulations;

• “credited teacher” means an eligible teacher who has been credited with a period of service under regulation 11, and “credited period” means the period with which he has been credited;

• “effective service” is to be construed in accordance with regulation 11(2);

• “eligible teacher” is to be construed in accordance with regulation 4(6);

• “former employment” in relation to an eligible teacher or a credited teacher, means relevant employment in relation to which the conditions in regulation 4(7) are satisfied, and “former employer” means the person who employed him in that employment;

• “lump sum compensation” without further qualification means lump sum compensation payable under regulation 7, regulation 12 or both;

• “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 20(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^f7 or under Part XI of the Employment Rights Act 1996^f8,

  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^f9 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;

• “relevant employment” is to be construed in accordance with regulation 3;

• “a week’s pay” shall be calculated in accordance with Chapter II of Part XIV of the Employment Rights Act 1996 but, for the purposes of these Regulations, the calculation date shall be the date that the person in question ceased to hold the relevant employment in question and that Chapter shall be applied as if section 227(1)(c) has been repealed.

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.