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     " 5A. —(1) Paragraph 2(d)(i) above does not apply if, at the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

    (2) Paragraph 2(d)(i) above ceases to apply if, at any time after the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

    (3) In this paragraph "pensionable age" has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.".

Amendment of the Employment Rights Act 1996
     3. —(1) The Employment Rights Act 1996[4] is amended as follows.

    (2) In section 105 (redundancy) after subsection (7I), insert—

    " (7IA) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that he—


(a) exercised or sought to exercise his right to be accompanied in accordance with paragraph 9 of Schedule 6 to the Employment Equality (Age) Regulations 2006, or

(b) accompanied or sought to accompany an employee pursuant to a request under that paragraph.".

Amendment of the Public Finance and Accountability (Scotland) Act 2000
     4. —(1) The Public Finance and Accountability (Scotland) Act 2000[5] is amended as follows.

    (2) In section 13(5) (Auditor General for Scotland)—

(a) omit paragraph (b); and

(b) in paragraph (c), omit the words "in other respects,".

Amendment of the Statutory Sick Pay (General) Regulations 1982
     5. —(1) The Statutory Sick Pay (General) Regulations 1982[6] are amended as follows.

    (2) In regulation 3 (period of entitlement ending or not arising) after paragraph (2A) insert—

    " (2B) Paragraph (2A) shall not apply, in the case of an employee who was entitled to incapacity benefit, where paragraph 2(d)(i) of Schedule 11 to the Contributions and Benefits Act ceases to have effect by virtue of paragraph 5A of that Schedule.".

    (3) In regulation 16 (meaning of "employee"), for paragraph (1ZA) substitute—

    " (1ZA) Paragraph (1) shall have effect in relation to a person who—


(a) is under the age of 16; and

(b) would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978 had he been over that age,



as it has effect in relation to a person who is or, as the case may be, is not so treated.".

Amendment of the Statutory Maternity Pay (General) Regulations 1986
     6. —(1) The Statutory Maternity Pay (General) Regulations 1986[7] are amended as follows.

    (2) In regulation 17 (meaning of "employee"), for paragraph (1A), substitute—

    " (1A) Paragraph (1) shall have effect in relation to a woman who—


(a) is under the age of 16; and

(b) would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978 had she been over that age,



as it has effect in relation to a woman who is, or, as the case may be, is not so treated.".

Amendment of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
     7. —(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002[8] are amended as follows.

    (2) In regulation 32 (treatment of persons as employees), for paragraph (1A) substitute—

    " (1A) Paragraph (1) shall have effect in relation to a person who—


(a) is under the age of 16; and

(b) would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978 had he been over that age,



as it has effect in relation to a person who is or, as the case may be, is not so treated.".

Amendment of the Employment Act 2002 (Dispute Resolution) Regulations 2004
     8. —(1) The Employment Act 2002 (Dispute Resolution) Regulations 2004[9] are amended as follows.

    (2) In regulation 7(3) (circumstances in which parties are treated as complying with the grievance procedures), after "regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003", insert—

" regulation 36 of the Employment Equality (Age) Regulations 2006.".

    (3) In regulation 14(2) (questions to obtain information not to constitute statement of grievance), after "regulation 33 of the Employment Equality (Sexual Orientation) Regulations 2003", insert—

" regulation 41 of the Employment Equality (Age) Regulations 2006.".

Amendment of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
     9. —(1) The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004[10] are amended as follows.

    (2) In Schedule 1 (the Employment Tribunals rules of procedure) paragraph 22(1) (fixed period for conciliation) is amended as follows—

(a) in sub-paragraph (f) omit "and";

(b) in paragraph (g) after "105(6A)" omit "." and substitute "; and"; and

(c) after sub-paragraph (g) insert—


" (h) the Employment Equality (Age) Regulations 2006.".

Jim Fitzpatrick
Parliamentary Under Secretary of State for Employment Relations and Postal Services Department of Trade and Industry

8th March 2007

[2] See the European Communities (Designation) (No.3) Order 2002 (S.I. 2002/1819).back

[3] 1992 c. 4. Paragraph 2(d) was substituted by paragraph 43(2) of Schedule 1 to the Social Security (Incapacity for Work) Act 1994. Paragraph 5 was repealed by the Social Security (Incapacity for Work) Act 1994, Section 11, Schedule 1 paragraph 43(3), Schedule 2.back

[4] 1996 c.18. Section 105, subsection (7I) was inserted by SI 2006/349, regulation 17, Schedule, paragraph 6(1)(b). Section 105, subsection (7J) was inserted by SI 2006/2059, regulation 32(b).back

[5] 2000 asp l.back

[6] S.I. 1982/894. Regulation 3 paragraph (2A) was inserted by S.I. 1998/2231, regulation 6. Regulation 16, paragraph (1ZA) was inserted by S.I. 2006/1031, regulation 49(1), Schedule 8, Part 2, paragraphs 49, 50(1), (3).back

[7] S.I. 1986/1960. Regulation 17, paragraph (1A) was inserted by S.I. 2006/1031, regulation 49(1), Schedule 8, Part 2, paragraph 52, 53(1), (3).back

[8] S.I. 2002/2822. Regulation 32, paragraph (1A) was inserted by S.I. 2006/1031, regulation 49(1), Schedule 8, Part 2, paragraphs 59 and 60(1), (3).back

[9] S.I. 2004/752.back

[10] S.I. 2004/1861.back

 © Crown copyright 2007