Citation and commencement

1. These Regulations may be cited as the Local Government (Discretionary Payments) (Amendment) Regulations 1999 and shall come into force on 1st April 1999.

Amendment of Regulations

2. The Local Government (Discretionary Payments) Regulations 1996(2) shall be amended in accordance with the following provisions of these Regulations.

General interpretation

3. In regulation 2(1), in the definition of "LGPS employer" for "means a LGPS employer" substitute "means a Scheme employer" and for "employing body" substitute "admission body".

Power to award credited period for compensation purposes

4. In regulation 8(1), for the words from "in respect of the cessation of which" to the end of the paragraph substitute the following-�

• "in respect of the cessation of which either-�

  (i)

  an additional period of membership may be counted under regulation 52 of the LGPS Regulations; or

  (ii)

  a determination to pay compensation is made under regulation 32(3).".

Compensation for redundancy

5. In regulation 32-�

(a)in paragraph (1), for sub-paragraphs (b) and (c) substitute the following-�

"(b)in respect of that loss of employment is not disentitled to a redundancy payment under Part XI of the Employment Rights Act 1996(3) by virtue of section 197(3) of that Act (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts) and either-�

(i)is not eligible to benefit under Part III; or

(ii)is eligible but has not been granted a credited period under regulation 8 by his LGPS employer;

(c)has attained the age of 18 on the material date and, unless he has attained the age of 50 on that date, is entitled to count a qualifying employment of at least 2 years;";

(b)in paragraph (1), after sub-paragraph (d), add-�

";

(e)on the material date has a total period of membership of 40 years or less; and

(f)has not attained the age of 65 on that date.";

(c)in paragraph (3), at the end, after sub-paragraph (d), add-�

";

but no person may be paid compensation under this regulation in respect of the cessation of an employment in respect of which an additional period of membership may be counted under regulation 52 of the LGPS Regulations"; and

(d)after paragraph (3), add as a new paragraph-�

"(3A) In any case, the maximum amount shall not exceed one week's pay for each week (fractions of a week being disregarded) between the material date and the employee's normal retirement date (or the date which would be his normal retirement date if he were a member of the Scheme).".

Policy statement

6. After regulation 46, add the following as a new regulation-�

"Information and records

46A.-(1) Each employing authority must formulate and keep under review the policy they intend to apply in the exercise of their functions under Parts II, III and IV.

(2) Before the end of three months beginning with 1st April 1999 each employing authority shall publish a written statement of the policy which is being applied by that employer in the exercise of such functions on or after that date.

(3) Where, as a result of a review under paragraph (1), an employing authority determine to amend their policy, they must publish a written statement of the amended policy before the expiry of one month beginning with the date on which they so determine.

(4) No change in policy shall come into effect until the expiry of one month from the date that the written statement of the amended policy is published.

(5) In formulating their policy under paragraph (1), an employing authority shall-�

(a)have regard to the extent to which the exercise of the functions, unless properly limited, could lead to a serious loss of confidence in the public service; and

(b)be satisfied that the policy is workable, affordable and reasonable having regard to the foreseeable costs.".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government (Discretionary Payments) Regulations 1996 ("the 1996 Regulations").

Regulation 3 makes a drafting amendment.

The amendments contained in regulation 5 extend to all persons over 18 (who, in the case of those under 50, have more than 2 years' employment) the provision permitting the payment of lump sum compensation for redundancy. The amendment made by regulation 4 is consequential upon this.

Regulation 6 introduces a requirement for each employing authority to formulate and publish their policy in connection with the exercise of their discretion to pay compensation under Parts II, III and IV of the 1996 Regulations.