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Regulation 2 InterpretationI1

England and Wales

(1)

In these Regulations—

(a)

any expression for which there is an entry in the first column of Schedule 1 to the 2010 Regulations has the meaning given in the second column; and

(b)

any expression for which there is an entry in regulation 3 of the 2014 Regulations has the meaning given to it in that regulation.

(2)

In these Regulations—

  • “the 1996 Act” means the Employment Rights Act 1996f1;

  • “the 1998 Act” means the School Standards and Framework Act 1998f2;

  • “the 2002 Act” means the Education Act 2002f3;

  • “the 2010 Regulations” means the Teachers’ Pensions Regulations 2010f4;

  • “the 2014 Regulations” means the Teachers’ Pension Scheme Regulations 2014f5;

  • “the 2015 scheme” means the scheme established by the 2014 Regulations;

  • “adult compensation” has the meaning given in regulation 23;

  • F1“appropriate person” means—

    1. (a)

      in the case of a person employed at a foundation or voluntary aided school or a foundation special school within the meaning of section 20 of the 1998 Act, the local authority;

    2. (b)

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

  • “compensating authority” is to be construed in accordance with F2regulation 33(3) and Schedule 2;

  • “credited teacher” has the meaning given in regulation 17;

  • “credited period” has the meaning given in regulation 17;

  • “deciding authority” is to be construed in accordance with F3regulation 33(2) and Schedule 2;

  • “effective service” has the meaning given in regulation 17(5);

  • “eligible teacher” has the meaning given in regulation 14(2);

  • “former employment” in relation to an eligible teacher or a credited teacher means relevant employment in relation to which the conditions in regulation 14(3) are satisfied, and “former employer” means the person who employed the teacher in that employment;

  • “local authority” has the same meaning as in section 579 of the Education Act 1996f6;

  • “long-term compensation” has the meaning given in regulation 21;

  • “material date” in relation to an eligible teacher or a credited teacher means the date on which the teacher ceased to hold a former employment;

  • “new employment” means employment mentioned in regulation 64A of the 2010 regulations;

  • “notional annual compensation rate” has the meaning given in regulation 15;

  • “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 the person became entitled under the Redundancy Payments Act 1965f7 or under Part 11 of the 1996 Actf8;

    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 1983f9 been in force on the material date; and

    3. (c)

      any compensation which was paid by the former employer under regulation 6 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;

  • “short-term compensation” has the meaning given in regulation 21;

  • “termination payment” has the meaning given in regulation 28;

  • “transition member” has the meaning assigned to it by paragraph 20 of Schedule 3 to the 2014 Regulations;

  • “a week’s pay” is to be calculated in accordance with Chapter 2 of Part 14 of the 1996 Actf10 but, for the purposes of these Regulations, the calculation date is the date that the person in question ceased to hold the relevant employment in question and that Chapter is to be applied as if section 227(1)(c) of the 1996 Act had been repealed.

(3)

If 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.

(4)

For the purposes of these Regulations, a grant-maintained or grant-maintained special school is, in respect of any period before 1st September 1999, to be treated as a school maintained by a local authority.

Annotations

Textual amendments

F1

Words in reg. 2(2) substituted (1.9.2019) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1), 31(a)

F2

Words in reg. 2(2) substituted (1.9.2019) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1), 31(b)

F3

Words in reg. 2(2) substituted (1.9.2019) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1), 31(c)

Commencement

I1

Reg. 2 in force at 1.4.2015, see reg. 1

Footnotes

f1

1996 c. 18.

f2

1998 c. 31.

f3

2002 c. 32.

f4

S.I. 2010/990; amended by S.I. 2011/614, 2012/673, 2012/979, 2012/2270, 2013/275, 2014/424, 2014/560, 2014/2651, 2014/3061 and 2014/3255

f5

S.I. 2014/512; amended by S.I. 2014/2652 and S.I. 2014/3255.

f6

1996 c. 56; section 579 was substituted by S.I. 2010/1158.

f7

1965 c. 62; repealed by 1989 c. 43

f8

Part 11 was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), sections 1(2)(a) and (b), 11(2) and (3), Schedule 2; the Employment Relations Act 1999 (c. 26), Schedule 4, Part 3, paragraphs 5, 25, 26, 27, 29 and 30, Schedule 9, Table 2; S.I. 2001/1090; the Education Act 2002 (c. 32), Schedule 21, paragraph 31; the Enterprise Act 2002 (c. 40), Schedule 17, paragraphs 49(1), (2)(a) and (2)(b), Schedule 26; S.I. 2006/1031; the Employment Act 2008 (c. 24), section 7(2); S.I. 2010/1158; S.I. 2011/1133; the Sovereign Grant Act 2011 (c. 15), Schedule 1, paragraph 31; S.I. 2012/3014; and the Enterprise and Regulatory Reform Act 2013 (c. 24), Schedule 2, paragraphs 15 and 34.

f9

S.I. 1983/1160; revoked by S.I. 1999/2277

f10

Chapter 2 of Part 14 was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a); the Teaching and Higher Education Act 1998 (c. 30), Schedule 3, paragraph 14; the Employment Relations Act 1999 (c. 26), section 36(1)(a) and (c), Schedule 4, Part 3, paragraphs 5, 39 and 40, Schedule 9, Table 2, Table 10; the Employment Act 2002 (c. 22), Schedule 7, paragraphs 24, 45, 46, 47(1), (2) and (3); the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), Schedule 1, paragraphs 1, 8 and 9; S.I. 2013/1949; the Children and Families Act 2014 (c. 6), section 127(2)(c); and S.I. 2014/382.