F1PART 2AFinancial penalties for failure to pay sums ordered to be paid or settlement sums

Annotations:
Amendments (Textual)

37QFinancial penalties for non-payment: interpretation

1

In this Part, the following terms have the following meanings—

  • “claim”—

    1. a

      means anything that is referred to in the relevant legislation as a claim, a complaint or a reference, other than a reference made by virtue of section 122(2) or 128(2) of the Equality Act 2010 (reference by court of question about a non-discrimination or equality rule etc), and

    2. b

      also includes an application, under regulations made under section 45 of the Employment Act 2002, for a declaration that a person is a permanent employee;

  • “costs sum” has the meaning given by section 37A;

  • “employer” has the same meaning as in section 12A;

  • “enforcement officer” means a person appointed or authorised to act under section 37M;

  • “financial award” has the meaning given by section 37A;

  • “penalty notice” has the meaning given by section 37F;

  • “relevant appeal” has the meaning given by section 37A;

  • “relevant sum” has the meaning given by section 37A;

  • “settlement sum” has the meaning given by section 37A;

  • “specified amount” and “specified date”, in relation to a warning notice or a penalty notice given in relation to it, have the meanings given by section 37E(2);

  • “unpaid amount”—

    1. a

      in relation to a financial award, has the meaning given by section 37B;

    2. b

      in relation to a settlement sum, has the meaning given by section 37C;

    subject, in each case, to section 37D;

  • “warning notice” has the meaning given by section 37E(2);

  • “worker” has the same meaning as in section 12A.

2

References in this Part to an employer, in relation to a warning notice or penalty notice, are to the person to whom the notice is given (whether or not the person is an employer at the time in question).

3

For the purposes of this Part a relevant sum is to be regarded as having been paid in full when the amount unpaid in respect of that sum on the date of payment has been paid.

4

For the purposes of this Part, a penalty notice is given in relation to a warning notice if it is given as the result of a failure by the employer to pay the specified amount before the specified date.

5

The Secretary of State may by regulations amend this section so as to alter the meaning of “claim”.

6

Any provision that could be made by regulations under subsection (5) may instead be included in an order under section 12A(12).