Commentary on Sections Schedule 7: Payments to employers etc of members of reserve forces: supplementary
162.Section 85 of the 1996 Act provides that regulations made under section 83 or 84 of that Act may make provision with respect to matters including the descriptions of persons who are entitled to claim payments and the sums, or the method of determining the sums, to be paid. Paragraph 4 amends section 85 so that regulations made under new section 84A may also make provision with respect to such matters.
163.Section 85(3) of the 1996 Act imposes an obligation on the Secretary of State to consult various bodies before making any regulations under section 83 or 84. Paragraph 4(4) amends section 85(3) so that this obligation to consult extends to the making of regulations under the power in new section 84A.
164.Paragraph 4(5) adds a new subsection (3A) to section 85 of the 1996 Act to ensure that the making of a payment to an employer (or person in partnership) under regulations under new section 84A may not be taken into account when calculating the financial loss suffered by that employer (or person in partnership) for the purposes of regulations under section 84.
165.Regulations under new section 84A may not make provision for claims in respect of recall for service. Accordingly, paragraph 4(6) amends section 85(5) of the 1996 Act so that it continues to apply only to regulations under section 83 or 84.
166.The Secretary of State has the power under section 86 of the 1996 Act to suspend the operation of regulations under section 83 or 84 where a call-out order under section 52 of the 1996 Act, or a recall order under section 68 of that Act, is in force. Paragraph 6 amends section 86 so that the Secretary of State may also suspend the operation of regulations under new section 84A where a call-out order under section 52 is in force.
167.Section 87 of the 1996 Act creates criminal offences in connection with claims for payments under regulations under section 83 or 84. Paragraph 7 extends these offences so that they also apply with respect to claims for payments under new section 84A.
168.Paragraphs 10 to 12 of Schedule 7 make transitional provision in connection with changes to penalties on conviction in the magistrates’ court that have yet to be commenced. When commenced, these changes would affect the level of fines and period of imprisonment made available for offences under section 87 of the 1996 Act in connection with claims under regulations under sections 83 and 84. Paragraphs 10 to 12 make clear that the changes are also to have effect in relation to offences under section 87 in connection with claims under regulations under new section 84A of the 1996 Act.