STATUTORY INSTRUMENTS

1998 No. 192 (S. 8)

LOCAL GOVERNMENT, SCOTLAND

The Local Government (Discretionary Payments and Injury Benefits) (Scotland) Regulations 1998

  Made 26th January 1998 
  Laid before Parliament 11th February 1998 
  Coming into force 4th March 1998 


ARRANGEMENT OF REGULATIONS


PART I

GENERAL
1. Citation, commencement and effect
2. General interpretation
3. General exclusions - teachers

PART II

INCREASE OF STATUTORY REDUNDANCY PAYMENTS
4. Power to increase statutory redundancy payments above statutory weekly pay limit

PART III

COMPENSATION FOR PREMATURE RETIREMENT
Interpretation
5. Interpretation of Part III
Eligibility to benefit under this Part
6. Persons who are eligible to benefit: pensionable employees and assumed pensionable employees
7. Application of Part III to assumed pensionable employees: "relevant disqualification", "relevant assumptions" and "special service"
Discretionary awards of lump sum and annual compensation to former employees
8. Power to award credited period for compensation purposes
9. Lump sum compensation
10. Annual compensation: general provisions
Adjustments to compensation: other receipts
11. Limit on annual compensation where entitlement to occupational pension
12. Redundancy payments
13. Other termination payments
14. Periodic payments
Adjustments to compensation: new employment
15. New employment
16. Reduction of annual compensation during new employment
17. Cessation of new employment
18. Reduction of annual compensation on cessation of new employment
Surrenders
19. Allocation of part of annual compensation
Awards to surviving spouses
20. Entitlement to surviving spouse's short-term and long-term compensation
21. Amount of surviving spouse's short-term and long-term compensation
Awards to surviving children
22. Entitlement to children's short-term compensation
23. Amount of children's short-term compensation
24. Entitlement to children's long-term compensation
25. Amount of children's long-term compensation
26. Payment of children's compensation
Miscellaneous and supplemental
27. Notification of compensation
28. Information
29. Payment of compensation
30. Interest on sums due under Part III
31. Paying authority -general
32. Paying authority on closure of certain educational establishments
33. Retrospective effect in certain cases

PART IV

COMPENSATION FOR REDUNDANCY WHERE PART III DOES NOT APPLY
34. Persons to whom this Part applies
35. Determination to pay and computation of compensation
36. Notification and payment of compensation
37. Supplementary provisions

PART V

INJURY ALLOWANCES ETC.
38. Interpretation of Part V
39. Loss of employment through permanent incapacity
40. Reduction of remuneration
41. Allowances for pensioners
42. Death benefits
43. Considerations in determining amount of benefits
44. Application of Part V in respect of injury or disease before commencement date

PART VI

GRATUITIES AS RESPECTS NON-PENSIONABLE SERVICE
45. Meaning of "service" in Part VI
46. Death in service gratuities
47. Retirement gratuities
48. Redundancy gratuities
49. Schemes in connection with the exercise of powers

PART VII

MISCELLANEOUS AND SUPPLEMENTARY
Decisions and appeals
50. Decisions and appeals
Supplemental
51. Finance
52. Revocations and transitional provisions

SCHEDULES

  SCHEDULE 1 Appropriate percentages for adjustment of annual compensation for redundancy payments

  SCHEDULE 2 Revocations

  Explanatory Note