The Redundancy Payments Statutory Compensation Regulations 1965

Made: 22nd November 1965

Laid before Parliament: 30th November 1965

Coming into Operation: 6th December 1965

The Minister of Labour in exercise of the powers conferred on him by section 47 of the Redundancy Payments Act 1965 and of all other powers enabling him in that behalf hereby makes the following Regulations:—

Citation and commencement

1

These Regulations may be cited as the Redundancy Payments Statutory Compensation Regulations 1965 and shall come into operation on 6th December 1965.

Interpretation

2

• (1) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

• (2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings assigned to them respectively, that is to say—

• “the Act” means the Redundancy Payments Act 1965;

• “employee” has the meaning assigned to it in subsection (1) of section 25 of the Act and includes any person in respect of whom the Act has effect as if he were an employee within the meaning of that subsection;

• “employer” has the meaning assigned to it in subsection (1) of section 25 of the Act and includes any person in respect of whom the Act has effect as if he were an employer within the meaning of that subsection: Provided that in a case where an employee's remuneration is by virtue of any statutory provision payable to him by a person other than his employer “employer” means that other person;

• “statutory compensation” means compensation, whether it consists of one or more payments, under any of the statutory provisions specified in the Schedule to these Regulations (being a statutory provision in force immediately before 6th December 1965) for loss of employment, or for loss or diminution of emoluments or of pension rights in consequence of the operation of any other statutory provision referred to in the statutory provision so specified;

• “statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

• (3) Except in so far as the context otherwise requires, any reference in these Regulations to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including the Act.

Application

3

These Regulations apply in any case in which an employee on or after 6th December 1965 becomes entitled to statutory compensation and the circumstances are such that he is also entitled to a redundancy payment under the Act from his employer.

Set-off of redundancy payments against statutory compensation

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• (1) In any case in which these Regulations apply, the amount of the statutory compensation which would, apart from these Regulations, become due to the employee shall be reduced by the amount of the redundancy payment under the Act which is to be paid to the employee and, in so far as the statutory compensation consists of more than one payment, the payments of such compensation as they become due shall be subject to such abatement or reduction as is necessary to reduce the amount of the statutory compensation by the amount of the redundancy payment.

• (2) Each of the statutory provisions specified in the Schedule to these Regulations (being a statutory provision in force immediately before 6th December 1965) shall have effect subject to these Regulations.

SCHEDULE

Signed

R. J. Gunter — Minister of Labour — Dated 22nd November 1965

Explanatory note

EXPLANATORY NOTE

These Regulations provide that the amount of the redundancy payment to be paid to an employee shall be set-off against the compensation payable to him under any of certain statutory provisions in force immediately before 6th December 1965.