
PART I
1 

(1) These Regulations
shall come into operation on the fifteenth day after the date on which they
are made, and shall have effect from the 13th day of July, 1953.
(2) These Regulations
may be cited as “The Iron and Steel (Compensation to Officers and Servants)
(No. 2) Regulations, 1953.”
(3) These Regulations
provide for payment, in the cases and to the extent hereinafter specified,
of compensation to—
(a) persons who,
on the day appointed under Section 1
of the Iron
and Steel Act, 1953, were officers or servants
of companies which on that day became subsidiaries of the Iron and Steel Holding
and Realisation Agency constituted under Part III
of the said Act, and who suffer loss of employment or loss or diminution of
emoluments or pension rights in consequence of the duty imposed on the said
Agency by Section 18
of the said Act to secure the return to private ownership of the undertakings
therein mentioned, and
(b) persons who were
officers or servants of the Iron and Steel Corporation of Great Britain immediately
before the day appointed as aforesaid, and who suffer loss of employment or
loss or diminution of emoluments or pension rights in consequence of any provision
of the said Act.
2 

(1) In these Regulations,
unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, that is to say:—
 “the Act” means 
the Iron and Steel Act. 1953;

 “the 1949 Act” means the Iron and Steel Act, 1949;

 “the Agency” means the Iron and Steel Holding and Realisation Agency constituted under Part III of the Act:

 “the appointed day” means the day appointed by the Minister under Section 1
of the Act, that is to say the 13th day of July, 1953;
 “claimant” means a person who, as being an eligible officer or servant of a company,
or of the Corporation, claims or has claimed compensation under these Regulations
;
 “completed year of reckonable
service” means reckonable service
for a period of 365 days, or for a number of periods which when added together
amount to 365 days: Provided always that if in relation to any claimant the aggregate
of the entire period or of all of the periods of his reckonable service includes
a fraction of a year, that fraction shall, if it exceeds 182 days, be treated
as a completed year of reckonable service, and in every other case be disregarded;

 “the Corporation” means the Iron and Steel Corporation of Great Britain constituted under
the 1949 Act;
 “current net emoluments”
, in relation to a claimant, means his
annual rate of emoluments (being emoluments of his employment)—
(a) 
immediately before the occurrence of the disturbance leading to the claim
for compensation the award or calculation of which is in question, where the
claimant is an eligible officer or servant of a company, or
(b) immediately before the appointed day, where the claimant
is an eligible officer or servant of the Corporation, after deducting therefrom the annual amount of any contribution then
payable by the claimant for pension purposes:Provided that for all the purposes of this definition (including
the ascertainment of the amount of any deduction to be made as aforesaid)
any amount by which the said annual rate of emoluments exceeds £4,000
shall be disregarded;
 “the disturbance leading to the
claim” means—
(a) in relation to a claim by an eligible officer
or servant of a company for resettlement compensation, the termination of
his employment as officer or servant of the employing company, being the employment
which was subsisting on the appointed day and which has continued since that
day without any interruption (breaks due to sickness, personal injury or war
service being disregarded),
(b) in relation to a claim by an eligible officer
or servant of a company for long term compensation, whichever of the following
constitutes the disturbance which leads to the making of the claim,
(i) the termination of the employment referred
to in (a) above, or
(ii) the loss or diminution, before the termination
of that employment, of any of its emoluments, or
(iii) the loss or diminution, before the termination
of that employment, of any pension rights connected with it, and
(c) in relation to a claim by an eligible officer
or servant of the Corporation for resettlement compensation, the termination
of his employment as officer or servant of the Corporation, or, if his agreement
(whether in writing or not) for employment as officer or servant of the Corporation
has taken effect under paragraph 6 of the First Schedule
 to the Act as if the Agency had been a party
thereto and he has continued to be employed under that agreement on and after
the appointed day as an officer or servant of the Agency without any interruption
(breaks due to sickness, personal injury or war service being disregarded),
the termination of his said employment as officer or servant of the Agency;

 “eligible officer or servant
of a company” means a person who
on the appointed day was an officer or servant of a company which on that
day became a subsidiary of the Agency, in whole time employment in connection
with the business of that company;
 “eligible officer or servant
of the Corporation” means 
a person who immediately before the appointed day was an officer or servant
of the Corporation in whole time employment in connection with the activities
of the Corporation under the 1949 Act;
 “emoluments” includes any of the following payments or other benefits made to
or enjoyed by a person in respect of his employment:—
(a) salary, wages, fees (excluding fees paid to
a director otherwise than in respect of services rendered as a managing director
or in discharge of functions substantially those of an employee) and other
payments of a similar nature for his own use,
(b) 
all bonuses, allowances, commission, gratuities, special duty and overtime
pay, which are of a recurrent nature, whether seasonal or otherwise and whether
obtaining legally or by customary practice, and
(c) 
the money value of all travel privileges, free accommodation and any other
allowances in kind, privileges or benefits, whether obtaining legally or by
customary practice, but does not include payments for travelling, subsistence,
accommodation, engagement of assistance or other expenses incurred in the
course of the employment, or overtime or other payments of a non-recurring
nature;
 “emoluments of his employment”
, in relation to an eligible officer or servant of a company
or of the Corporation, means the emoluments received
by him in respect of his employment as officer or servant of the employing
company or of the Corporation, as the case may be;
 “the employing company”
, in relation to an eligible officer or servant of a company,
means the company by which he was employed as officer
or servant on the appointed day;
 “long term compensation”
 means compensation, payable under an
award made in accordance with the provisions of Part III
of these Regulations, for loss of employment or loss or diminution of emoluments
or pension rights, suffered by an eligible officer or servant of a company
;
 “the Minister” means the Minister of Supply;
 “normal pensionable age”
 means in relation to a claimant—
(a) 
if, being an eligible officer or servant of a company, he has pension rights
in connection with his employment as officer or servant of the employing company,
or, having had such rights, has lost them in circumstances entitling him to
claim long term compensation for loss of pension rights, the age at which
he becomes or would have become entitled to receive a normal retirement pension
by virtue of such pension rights, and
(b) in any other case, 65 years of age for a man and 60 years
of age for a woman;
 “the pension scheme”,
in relation to a claimant for long term compensation for loss or diminution
of pension rights, means the arrangement subsisting
(whether by virtue of any statute, trust, contract, customary practice or
otherwise) in connection with his employment as an officer or servant of the
employing company, being the arrangement under which he had or has pension
rights;
 “reckonable service”
means whole time employment—
(a) in the service of the Corporation,
(b) in the service of a company which on the appointed day became a
subsidiary of the Agency,
(c) before the 15th day of February, 1951, in the service of any person
who carried on in Great Britain any of the activities specified in the first
column of the Second Schedule
to the 1949 Act, being employment in connection with those activities,
(d) on war service following immediately upon any of the preceding
employments, or
(e) in such other service as the Minister may in the case of any named
employee approve;
 “relevant event” means—
(a) in relation to a claim by an eligible officer or servant
of a company for resettlement or long term compensation, the exercise by the
Agency of their powers under the Act for the purpose of securing the return
to private ownership of the undertaking of the employing company, being the
exercise which results in disturbance leading to the claim, and
(b) in relation to a claim by an eligible officer or servant of the
Corporation for resettlement compensation, the operation of any provision
of the Act, being the operation which results in the disturbance leading to
the claim;
 “resettlement compensation”
 means compensation, payable in accordance
with Part II of these
Regulations, for loss of employment suffered by an eligible officer or servant
of a company or of the Corporation;
 “resettlement period”,
in relation to a claimant, means the period beginning
at the date on which occurs the termination of employment which constitutes
the disturbance leading to the claim by him for resettlement compensation
or which would constitute such disturbance if he claimed such compensation,
and running therefrom for thirteen weeks supplemented by, in the case of a
claimant aged over 45, one additional week for each completed year by which
on the said date he exceeds the age of 45, but subject however to a maximum
of thirteen such additional weeks;
 “tribunal” means a referee or board of referees appointed by the Minister of Labour
and National Service after consultation with the Lord Chancellor, or, where
the proceedings are to be held in Scotland, after consultation with the Secretary
of State;
 “war service” means—
(a) service in any of Her Majesty's Forces,
(b) 
any employment in the Merchant Navy or fishing fleets,
(c) 
any full-time employment in the Civil Defence Services (including the National
Fire Service), the Royal Observer Corps, the Police War Reserve, the Nursing
and First Aid Services, and the Women's Land Army,
(d) 
any full-time employment entered by direction of the Minister of Labour and
National Service.
(e) 
detention by the enemy as a prisoner, military or civil, in any enemy or enemy-occupied
country, or internment in any enemy or enemy-occupied or neutral country in
consequence of war,
(f) 
such other employment as the Minister may in writing approve, such service, employment, detention or internment being
on or after the 26th day of May, 1939, or during the war of 1914 to 1918,
but not including any voluntary enlistment after the cessation of hostilities
or voluntary extension of war service otherwise than with the consent of the
person in whose service the employee was or would, but for his war service,
have been at the time of the consent;
 “whole time employment”
 means employment after attaining the
age of 18 years, being employment to which the employee is required to devote
on the average not less than 30 hours per week and during which he is not
at liberty to undertake other work in consideration of a fee or remuneration
.
(2) In ascertaining for
the purposes of these Regulations whether employment offered to a claimant
is comparable with the employment the termination of which constitutes the
disturbance leading to the claim, no account shall be taken of the fact that
the duties of the employment offered involve a transfer of the claimant's
employment from one place to another place in Great Britain.
(3) The Interpretation Act, 1889,
shall apply to the interpretation of these Regulations as it applies to the
interpretation of an Act of Parliament.
PART II
3 

(1) The Agency shall,
subject to the provisions of these Regulations, pay resettlement compensation
to every eligible officer or servant of a company who claims such compensation
and in relation to whom the following conditions are satisfied, that is to
say:—
(a) he was on the
31st day of December, 1951, engaged in whole time employment as an officer
or servant of a company which on the appointed day became a subsidiary of
the Agency;
(b) immediately
before the date on which occurred the disturbance leading to the claim either—

(i) he held
a permanent appointment as an officer or servant of the employing company,
or
(ii) he had
been continuously engaged (exclusive, however, of any breaks due to sickness
or personal injury not exceeding in the aggregate six months) for at least
three years in whole time employment in one or more of the following, that
is to say:—(A) the
service of the Corporation,(B) the
service of any company which on the appointed day became a subsidiary of the
Agency,(C) war
service following immediately upon employment under (A) or (B);
(c) the disturbance
leading to the claim has occurred not later than ten years after the coming
into operation of these Regulations;
(d) he has, in consequence
of the relevant event, suffered loss of employment; and
(e) he has made
his claim for resettlement compensation, in accordance with the provisions
for making claims set out in Part IV
of these Regulations, before the end of his resettlement period or of thirteen
weeks from the date of the coming into operation of these Regulations, whichever
is the later.
(2) The Agency shall
also, subject to the provisions of these Regulations, pay resettlement compensation
to every eligible officer or servant of the Corporation who claims such compensation
and in relation to whom the following conditions are satisfied, that is to
say:—
(a) he was on the
31st day of December, 1951, engaged in whole time employment as an officer
or servant of the Corporation;
(b) immediately
before the appointed day either—
(i) he held
a permanent appointment as an officer or servant of the Corporation, or
(ii) he had
been continuously engaged (exclusive, however, of any breaks due to sickness
or personal injury not exceeding in the aggregate six months) for at least
three years in such whole time employment as is described in paragraph (1)
(b) (ii) of this Regulation;
(c) the disturbance
leading to the claim has occurred not later than ten years after the coming
into operation of these Regulations;
(d) he has, in consequence
of the relevant event, suffered loss of employment; and
(e) he has made
his claim for resettlement compensation, in accordance with the provisions
for making claims set out in Part IV
of these Regulations, before the end of his resettlement period or of thirteen
weeks from the date of the coming into operation of these Regulations, whichever
is the later.
4 
Without prejudice to any other requirement in
these Regulations, nothing in these Regulations shall entitle a person to
resettlement compensation, unless—
(a) he is an eligible
officer or servant of a company or of the Corporation;
(b) the appropriate
conditions set out in Regulation 3
are satisfied in relation to him;
(c) the termination
of his employment which constitutes the disturbance leading to the claim has
occurred for some reason other than reaching normal pensionable age, misconduct
or incapacity to perform such duties as immediately before the termination
he was performing or might reasonably have been required to perform; and
(d) he has not been
offered by the Agency, by the employing company or by any subsidiary of the
Agency comparable employment.
5 

(1) Subject as hereinafter
provided, resettlement compensation shall be payable to a claimant in respect
of his resettlement period only.
(2) Resettlement compensation
shall not be payable to a claimant in respect of any week after he has reached
normal pensionable age, unless he is able to satisfy the Agency or the tribunal
that he would have continued to work as an officer or servant of the employing
company or of the Corporation or the Agency beyond that age if the disturbance
leading to the claim had not occurred.
6 

(1) Resettlement compensation
shall consist of a weekly sum, which shall, in respect of each of the weeks
for which such compensation is payable to a claimant as aforesaid, be calculated
so as not to exceed the sum ascertained by taking two thirds of the weekly
rate of the claimant's current net emoluments and by deducting therefrom such
of the following items as may be applicable:—
(a) unemployment,
sickness, or injury benefit at the current rate for a person having no dependants,
in so far as any such benefit (whether at that or any other rate) is claimable
by him in respect of such week,
(b) two thirds of
any earnings received by him in respect of such week from other employment,

(c) any sums payable
to him in respect of such week in connection with his former employment with
the employing company or with the Corporation or the Agency (as the case may
be), and
(d) any compensation
payable to him in respect of such week under any other Regulations made under Section 24 of the Act.
(2) Resettlement compensation,
where payable, shall begin to be paid by the Agency not later than two weeks
from the receipt by the Agency of the claim therefor in accordance with Part IV of these Regulations,
and the first payment of such compensation shall, subject to the provisions
of these Regulations, include any sums already accrued due.
7 
Every claimant for resettlement compensation
shall (as well after as before the compensation begins to be paid)—

(a) forthwith supply
the Agency in writing with particulars of any employment which he obtains
or of any change in his earnings from any such employment, and
(b) so long as he is
out of employment and is not receiving sickness or injury benefit, register
with the Ministry of Labour and National Service.
8 
Resettlement compensation shall be payable to
a claimant at intervals equivalent to those at which the emoluments of his
employment were previously paid and shall forthwith be terminated by the Agency—

(a) if he fails to comply
with any of the provisions of Regulation 7,
or
(b) if he fails to satisfy
the Agency that he is actively seeking suitable employment, or
(c) if, for any reason
other than obtaining employment or becoming entitled to sickness or injury
benefit, he ceases to receive unemployment benefit.
PART III
9 
The Agency shall, subject to the provisions
of these Regulations, award and pay long term compensation to every eligible
officer or servant of a company who claims such compensation and in relation
to whom the following conditions are satisfied, that is to say:—
(a) he was on the 31st
day of December, 1951, engaged in whole time employment as an officer or servant
of a company which on the appointed day became a subsidiary of the Agency;

(b) at the date on
which occurred the disturbance leading to the claim he had been continuously
engaged (exclusive, however, of any breaks due to sickness or personal injury
not exceeding in the aggregate eighteen months) for at least eight years in
whole time employment in one or more of the following:—
(i) the service
of the employing company,
(ii) the service
of any predecessor in title to the undertaking of that company,
(iii) war service
following immediately upon employment under (i) or (ii);
(c) he has, in consequence
of the relevant event, suffered loss of employment or loss or diminution of
emoluments or pension rights;
(d) the loss or diminution
aforesaid, being the loss or diminution for which long term compensation is
claimed, has occurred not later than ten years after the coming into operation
of these Regulations and not later than two years after the disturbance leading
to the claim; and
(e) he has made his
claim for long term compensation, in accordance with the provision for making
claims set out in Part IV
of these Regulations, not later than two years after the date of the occurrence
of the loss or diminution referred to in subparagraph (
d) of this Regulation, or where he could not reasonably have known
of the occurrence of the loss or diminution aforesaid at the date when in
fact it did occur, not later than two years after the first date upon which
he could reasonably have known of its occurrence.
10 

(1) Without prejudice
to any other requirement in these Regulations, nothing in these Regulations
shall entitle a person to an award of long term compensation, unless—

(a) he is an eligible
officer or servant of a company;
(b) the conditions
set out in Regulation 9
are satisfied in relation to him; and
(c) if the disturbance
leading to the claim for such compensation is the termination of his employment
as officer or servant of the employing company—
(i) his said
employment has been terminated for some reason other than reaching normal
pensionable age, misconduct or incapacity to perform such duties as immediately
before the termination he was performing or might reasonably have been required
to perform, and
(ii) he has
not been offered by the Agency, by the employing company or by any subsidiary
of the Agency comparable employment.
(2) Long term compensation
shall not be payable in respect of the loss or diminution of any increase
in emoluments or pension rights, being an increase given in connection with
any provision made by the 1949 Act or the Act or in anticipation of the making
of any such provision, otherwise than in the ordinary course of business.

11 

(1) Long term compensation
and resettlement compensation, if claimable by the same person, shall be the
subject of separate claims.
(2) Claims for long
term compensation for loss of employment shall in all respects be treated
as claims for such compensation for the loss of emoluments occasioned thereby
and the provisions of these Regulations shall apply to all such claims accordingly.

(3) Long term compensation
for loss or diminution of emoluments and long term compensation for loss or
diminution of pension rights, if claimable by the same person, shall be the
subject of separate claims by the claimant, but where the loss or diminution
of both emoluments and pension rights occur at the same time, the claims shall
be made together.
12 
For the purpose of determining whether long
term compensation for loss or diminution of emoluments should be awarded to
a claimant, and, if so, the amount of the compensation, regard shall be had
to such of the following factors as may be relevant, that is to say:—

(a) the conditions
upon which the claimant held his employment as officer or servant of the employing
company, including in particular its security of tenure, whether by law or
by practice;
(b) the conditions,
including security of tenure, whether by law or by practice, of any other
employment which he may have obtained;
(c) the extent to
which he has sought suitable employment and the emoluments which he has, or
might have, acquired by accepting other suitable employment, including retraining,
offered to him;
(d) the amount of
any compensation recovered by him under or by virtue of the provisions of
any enactment relating to the reinstatement in civil employment of persons
who have been in the service of the Crown;
(e) the amount of
any compensation payable to him in connection with or in consequence of his
employment as an officer or servant of the employing company, whether by reason
of any service agreement or contract or otherwise howsoever;
(f) the amount of
any other compensation payable to him under these Regulations or any other
Regulations made by the Minister under Section 24
of the Act; and
(g) all the other
circumstances of his case.
13 
Award and payment of long term compensation
for loss of emoluments shall be made in accordance with the following provisions:—

(a) the compensation
shall consist of an annual sum which shall be payable at intervals equivalent
to those at which the emoluments of the claimant's employment were previously
paid, and shall, subject to Regulation 20,
continue to be payable until normal pensionable age; and
(b) the said annual
sum shall not exceed the aggregate of the following:—
(i) for every
completed year of reckonable service, one sixtieth of the claimant's current
net emoluments, and
(ii) in the case
of a claimant aged over 45, one sixtieth of his current net emoluments for
every completed year of reckonable service since he attained the age of 45:
Provided that such
annual sum shall in no circumstances exceed two thirds of the claimant's current
net emoluments.
14 
Award and payment of long term compensation
for diminution of emoluments shall be made in accordance with the following
provisions:—
(a) the compensation
shall consist of an annual sum which shall be payable at intervals equivalent
to those at which the emoluments of the claimant's employment are or were
previously paid, and shall, subject to Regulation 20,
continue to be payable until normal pensionable age; and
(b) the said annual
sum shall not exceed the figure which bears to the maximum annual sum which
could have been awarded under Regulation 13,
had the claim been for compensation for loss of emoluments, the same ratio
as the amount of the diminution (calculated as an annual rate) bears to the
amount of his current net emoluments, but so however that no compensation
shall be payable if this ratio is less than two and half per cent.
15 

(1) Where a claimant
for long term compensation for loss or diminution of emoluments satisfies
the Agency or tribunal that he would have continued to work as an officer
or servant of the empolying company beyond normal pensionable age if the disturbance
leading to the claim had not occurred, the Agency or tribunal may, in their
discretion, extend beyond that age the period for which such compensation
is payable, but in the case of an extension for a period expressed to be that
of the claimant's lifetime, the rate of compensation payable after normal
pensionable age shall not exceed one half of that payable before normal pensionable
age.
(2) Where a claimant
suffers loss or diminution of emoluments after normal pensionable age, the
Agency or tribunal may, in their discretion, award him long term compensation
for such loss or diminution at the rate which would have been awarded to him
had the loss or diminution occurred immediately before normal pensionable
age, but upon the basis of his current net emoluments and length of reckonable
service at the time when the disturbance leading to the claim occurred, save
that, in the case of an award for a period expressed to be that of the claimant's
lifetime, the rate of compensation shall not exceed one half of that which
would have been so awarded as aforesaid.
16 
Award and payment of long term compensation
for loss or diminution of pension rights shall be made in accordance with
the following provisions:—
(a) the compensation
shall consist of a payment or payments additional to those (if any) payable
to or in respect of the claimant by virtue of the pension scheme;
(b) the total amount
of such payment or payments shall not exceed the difference between—

(i) the total
amount of the payments made or due to be made by virtue of the pension scheme
to or in respect of the claimant, and
(ii) the total
amount of the payments which would have been made or due to be made by virtue
of that scheme to or in respect of him if (subject to subparagraphs (c) and (d) of
this Regulation) he had had one additional completed year of reckonable service,
without increase in emoluments, for each completed year of reckonable service
above the age of 40;
(c) the number of
additional years for the purposes of subparagraph (
b) (ii) of this Regulation shall not exceed the number of years
to be served by the claimant before reaching normal pensionable age (or, where
the Agency or the tribunal are satisfied that the claimant would have continued
to work as an officer or servant of the employing company beyond that age,
the age to which they are satisfied that he would have continued to work),
or ten, whichever is the less;
(d) in determining
the number of additional years for the purposes of subparagraph (b) (ii) of this Regulation, regard shall be had to
such of the factors set out in Regulation 12
as may be relevant, and also to any pension arrangements attaching to any
employment which the claimant may have obtained;
(e) where the claim
is for compensation for diminution of pension rights, any limitation in the
pension scheme on the number of years of service ranking for benefit may be
disregarded in calculating the difference between the amounts mentioned in
subparagraph (b) of this Regulation: and

(f) the total amount
of the compensation, when added to the payments (if any) made or due to be
made by virtue of the pension scheme to or in respect of the claimant, shall
in no circumstances exceed the amount which would have been payable to or
in respect of him by virtue of that scheme had he suffered no loss or diminution
of pension rights.
17 

(1) The Agency shall
determine every award of long term compensation and notify the claimant accordingly
not later than thirteen weeks after the receipt of the claim.
(2) Where claims are
made by the same person and at the same time for long term compensation for
loss or diminution of emoluments and for loss or diminution of pension rights,
the Agency shall determine the awards and notify the claimant accordingly
at the same time.
18 

(1) Subject to the
provisions of this Regulation, long term compensation shall commence to be
payable with effect from the date fixed by the Agency or the tribunal, as
the case may be.
(2) An award of such
compensation may be made retrospective but, except as provided in paragraph
(3) of this Regulation, it shall not (save in exceptional circumstances) be
made retrospective to a date more than thirteen weeks earlier than the date
upon which the claim is received by the Agency.
(3) Where, within
thirteen weeks of the occurrence of a loss or diminution for which a claim
for long term compensation can be made, the claimant makes his claim in respect
thereof in accordance with Part IV
of these Regulations, the award shall be made retrospective to the date upon
which such loss or diminution occurred or the claimant's resettlement period
(if any) ended, whichever is later.
(4) Notwithstanding
any other provisions of these Regulations, long term compensation for loss
or diminution of emoluments shall not be payable to a claimant during or in
respect of his resettlement period, except in so far as such compensation
is compensation for loss or diminution of emoluments occurring before the
termination of the claimant's employment as an officer or servant of the employing
company.
19 

(1) Every award of
long term compensation may be reviewed by the Agency at the instance either
of the claimant or of the Agency, and may in consequence of such review be
increased or decreased.
(2) Subject as hereinafter
provided, review under this Regulation shall not take place at intervals of
less than six months or, save in exceptional circumstances, later than two
years from the making of the award.
(3) Notwithstanding
the provisions of paragraph (2) of this Regulation, any such award as aforesaid
shall be subject to review at any time if the claimant is in the service of
the Agency or any subsidiary of the Agency.
(4) Where a request
for a review is made by the claimant, the Agency shall carry out such review
and notify the claimant accordingly not later than thirteen weeks after the
receipt of the request.
20 

(1) In a case where
at any time the present actuarial value of the payments under an award of
long term compensation does not exceed £250, the Agency may, at their
sole option, compound their liability under the award by paying to the person
in receipt of or entitled to receive those payments a lump sum equivalent
to such actuarial value.
(2) In any other case
the Agency may, if the person in receipt of or entitled to receive the long
term compensation requests them so to do and they, in their discretion, after
having regard to the state of health of that person and the other circumstances
of the case, deem fit, compound—
(a) up to one
quarter of their liability to make payments under an award of long term compensation
for loss or diminution of emoluments; and
(b) up to one
quarter, or such larger fraction as the pension scheme permits for composition
of pension rights under it, of their liability to make payments under an award
of long term compensation for loss or diminution of pension rights.
(3) The making of
a composition under paragraph (2) of this Regulation in relation to an award
of long term compensation shall not prevent the subsequent making of a composition
under paragraph (1) of this Regulation in relation to that award, but, subject
as aforesaid, not more than one composition may be made in relation to any
award.
PART IV
21 

(1) Every claim for
compensation under these Regulations and every request for a review of an
award of long term compensation shall be made in accordance with the provisions
of this Regulation.
(2) Every such claim
and request shall be made to the Agency in such form and in such manner as
the Agency may determine.
(3) On receipt of any
such claim or request the Agency shall consider the same in accordance with
the relevant provisions of these Regulations, and shall within the time prescribed
therein notify the claimant in writing of their decision in respect thereto.

(4) Every notification
of a decision by the Agency (whether granting or refusing compensation or
an award of compensation or a review of an award, or otherwise affecting any
compensation under these Regulations) shall contain a statement directing
the attention of the claimant to his right, if he is aggrieved by the decision,
to refer the matter to a tribunal, and furnishing particulars of the address
of the appropriate tribunal.
22 

(1) Every claimant,
who is aggrieved by any decision of the Agency with respect to compensation
under these Regulations or by any failure on the part of the Agency to notify
him of any such decision within the appropriate time prescribed by these Regulations,
may within three months of the notification to him of the decision or the
expiry of the prescribed time, as the case may be, refer the matter to a tribunal.

(2) Reference of a
matter to a tribunal as aforesaid by a claimant shall be made in writing to
the appropriate tribunal.
(3) On receipt of such
a reference, the appropriate tribunal shall consider and determine the matter
in accordance with the provisions of these Regulations and the Agency shall
give effect to the decision of the tribunal.
23 
A claimant, if so required by the Agency, shall
attend before the Agency or any person duly appointed in that behalf by the
Agency and answer any question touching the matters set forth in his claim
or request, and shall further produce all books, papers and other documents
in his possession or under his control relating to his claim or request, so
however that, when so attending, a claimant may, if he so desires, be accompanied
and be represented by his adviser.
24 
If at any time the Agency, after giving him
(if then living) an opportunity of being heard, are satisfied that a claimant,
in whose favour resettlement compensation is being or has been paid or an
award of long term compensation has been made, has failed to comply with the
requirements of Regulation 7 (a),
or that a material statement, made by or on behalf of such a claimant in connection
with his claim to compensation under these Regulations or any review of an
award of long term compensation in his favour, or in any particulars supplied
under Regulation 7 (a),
was false, the Agency may reduce or discontinue the compensation to the extent
to which it exceeds the amount which would have been paid or awarded had the
said requirements been complied with or the material facts been truly stated,
as the case may be, and the amount of any excess found to have been previously
paid shall be recoverable from the claimant or his estate, or from any other
person who has received it, as a debt due to the Agency and may be deducted
from future payments (if any) of compensation remaining to be made.
25 

(1) In the event of
the death of a claimant or of a person who, if he had survived, could have
been a claimant, the claim for compensation under these Regulations may be
continued or made (as the case may be) by his legal personal representative.

(2) Where any such
claim is continued or made as aforesaid by a personal representative, the
personal representative shall, as respects any steps to be taken or thing
to be done by him in order to continue or make the claim, be deemed for the
purposes of these Regulations to be the claimant, but, save as aforesaid,
the person in right of whom he continues or makes the claim shall be deemed
for all purposes of these Regulations to be the claimant, and the relevant
provisions of these Regulations shall be construed accordingly.
(3) In applying the
provisions of Regulation 24
to a case where a claim has been continued or made as aforesaid by a personal
representative, account may be taken as well of statements made by or on behalf
of the personal representative himself as of statements made by or on behalf
of the person in right of whom he has continued or made the claim.
26 

(1) Except as otherwise
provided in this Regulation, all compensation under these Regulations shall
be paid to or in trust for the claimant only.
(2) Any compensation
under these Regulations which has accrued due to a claimant at the date of
his death but has not been paid to or in trust for him as aforesaid and the
apportioned amount of any such compensation accruing due to him at that date
shall be payable to his legal personal representative.
(3) Any long term compensation
for loss or diminution of pension rights shall, if the claimant or his legal
personal representative so requests, be paid to or in trust for such other
person who is or would be entitled to receive the corresponding payment under
the pension scheme.
(4) No compensation
under these Regulations (other than compensation payable under paragraph (3)
of this Regulation to some person other than the claimant or his legal personal
representative) shall accrue in respect of any period after the death of the
claimant.
(5) Except as provided
in paragraph (3) of this Regulation, no compensation under these Regulations
shall be assignable.
Duncan Sandys
Minister of Supply
Dated this 16th day of December, 1953