Statutory Instruments

2021 No. 197

Employment

The Restriction of Public Sector Exit Payments (Revocation) Regulations 2021

Made

at 12.55 p.m. on 25th February 2021

Laid before Parliament

at 4.30 p.m. on 25th February 2021

Coming into force

19th March 2021

The Treasury make the following Regulations in exercise of the powers conferred by sections 159(1), (2)(b) and 161(2)(e) of the Small Business, Enterprise and Employment Act 2015( 1 )

Citation and commencement

1. These Regulations may be cited as the Restriction of Public Sector Exit Payments (Revocation) Regulations 2021 and shall come into force on 19th March 2021.

Interpretation

2. In these Regulations–

“2020 Regulations” means the Restriction of Public Sector Exit Payments Regulations 2020 ( 2 );

“exit payment” has the same meaning as in the 2020 Regulations;

“relevant authority” has the same meaning as in the 2020 Regulations;

“relevant period” means the period starting on the day the 2020 Regulations came into force and ending on the day that these Regulations come into force;

“relevant public sector exit” has the same meaning as in the 2020 Regulations.

Revocation

3. The 2020 Regulations are revoked save as is necessary for the operation of these Regulations.

Additional payments by a relevant authority in consequence of these Regulations

4. —(1) In this regulation a reference to an exit payment made to a person (“P”) includes a reference to an exit payment made in respect of P either to another person (“AP”) or to a relevant public sector scheme.

(2) Paragraph (3) applies if—

(a) during the relevant period a relevant authority—

(i) made an exit payment to P in respect of a relevant public sector exit; or

(ii) made two or more such payments to P within any period of 28 consecutive days; and

(b) at the time of the payment (or the last payment if there was more than one), P would have been entitled to an exit payment (or a sum of exit payments) of a greater amount had regulation 3 of the 2020 Regulations not been in force.

(3) Where this paragraph applies, the relevant authority must pay the amount of the difference between the amount paid during the relevant period and the greater amount referred to in paragraph (2)(b), plus interest calculated in accordance with the Judgment Debts (Rate of Interest) Order 1993( 3 ) as if the payment were made pursuant to a judgment to which that Order applied, to (as applicable)—

(a) P; or

(b) AP, in respect of P; or

(d) more than one of the above.

Rebecca Harris

James Morris

Two of the Lords Commissioners of Her Majesty’s Treasury

At 12.55 p.m. on 25th February 2021

( 1 )

2015 c.26 . Sections 153A, 153B and 153C were inserted by section 41(1) of the Enterprise Act 2016 (c.12) .

( 2 )

S.I. 2020/1122 .

( 3 )

S.I. 1993/564 .

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
2020 Regulations	reg. 2.	def_6632e5f70e
AP	reg. 4.	def_6b57c19b43
exit payment	reg. 2.	def_281b5ea489
relevant authority	reg. 2.	def_c292b38ac0
relevant period	reg. 2.	def_d2144ee67c
relevant public sector exit	reg. 2.	def_416623e7fd