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

• Citation: S.I. 2021/197
• Sections: 4

Section 1 Citation and commencement

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.

Section 2 Interpretation

In these Regulations–

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

“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.

Section 3 Revocation

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

Section 4 Additional payments by a relevant authority in consequence of these Regulations

(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 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

(c) a relevant public sector scheme, in respect of P; or

(d) more than one of the above.