Citation and commencement

1. These Regulations may be cited as the Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008 and shall come into force on 6th April 2008.

Amendment of the Employment Equality (Age) Regulations 2006

2.The Employment Equality (Age) Regulations 2006( 3 ) are amended in accordance with regulations 3 to 5.

Amendment of regulation 32 (Exception for provision of certain benefits based on length of service)

3. In regulation 32 (Exception for provision of certain benefits based on length of service)—

(a) at the end of paragraph (5)(a) omit “or”;

(b) after paragraph 5(b) add “or, (c) in any case to which sub-paragraph (a) or (b) does not apply, that period is treated as a period of employment with A by or under an enactment pursuant to which his employment was transferred to A.”;

(c) in paragraph (7) after “work for A;” insert ““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

Amendment of regulation 41 (Help for persons obtaining information etc )

4. In regulation 41 (Help for persons obtaining information etc) for paragraph (4)(a) substitute—

“ (a) where it was served before a complaint had been presented to a tribunal, if it was so served—

(i) within the period of three months beginning when the act complained of was done; or

(ii) where regulation 42(1A) applies, within the extended period; ” .

Amendment of regulation 42 (Period within which proceedings to be brought)

5. In regulation 42 (Period within which proceedings are to be brought) after paragraph (1) insert—

“ (1A) Where the period within which a complaint must be presented in accordance with paragraph (1) is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 ( 4 ) , the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (1). ” .