Regulation 3 Relevant employmentI1

England and Wales

(1)

Subject to paragraph (3), relevant employment is employment falling within paragraphs 1, 2, 4, 6 or 7 of Schedule 2 to the 2010 Regulations or paragraphs 9, 10, 12, 14 or 15 of Schedule 1 to the 2014 Regulations.

(2)

Employment is also relevant employment if a person who has made an election under regulation B1A(4) of the Teachers’ Pensions Regulations 1997^f1 remains employed by—

(a)

a local authority; or

(b)

a function provider in connection with the performance of a function in respect of which the function provider is accepted in accordance with regulation 14 of the 2010 Regulations or paragraph 3 of Schedule 1 to the 2014 Regulations,

to undertake the same, or substantially the same, functions as the person was undertaking immediately before the date of the election, under either the same contract of employment or under a contract of employment which has effect by virtue of regulation 4 of the Transfer of Undertakings (Protection of Employment) Regulations 2006^f2.

(3)

Employment falling within paragraph 6 or 7 of Schedule 2 to the 2010 Regulations or paragraph 14 or 15 of Schedule 1 to the 2014 Regulations is only relevant employment if it is at an institution which is within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992^f3

Annotations

Commencement

I1: Reg. 3 in force at 1.4.2015, see reg. 1

Footnotes

f1: S.I 1997/3001; revoked by the 2010 Regulations
f2: S.I. 2006/246; regulation 4 was amended by S.I. 2014/16.
f3: 1992 c. 13; section 91(3) was amended by the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), Schedule 8, paragraphs 1 and 13(1) and (2).