
1 
These Regulations may be cited as the Justices
of the Peace Act, 1949 (Compensation) Regulations, 1954, and shall come into
operation on the first day of November, 1954.
2 
In these Regulations, unless the context otherwise
requires, the following expressions have the meanings hereby respectively
assigned to them, that is to say:—
 “accrued pension” in relation to a
whole-time or part-time pensionable officer who has suffered loss of office,
means the pension to which he would have become entitled
in respect of his pensionable service according to the method of calculation
prescribed by the pension scheme to which he was last subject before suffering
loss of office if at the date on which he ceased to be subject thereto he
had attained normal retiring age and complied with any requirement of the
said scheme as to a minimum period of qualifying service or contribution,
and includes the annual value as ascertained by an actuary of any contingent
right under the pension scheme in respect of a widow's pension or a death
grant which might have become payable to his widow or to his legal personal
representatives on his death had he not suffered loss of office;

 “accrued retiring allowance”,
in relation to a whole-time or part-time pensionable officer who has suffered
loss of office, means any lump sum payment to which
he would have become entitled in respect of his pensionable service according
to the method of calculation prescribed by the pension scheme to which he
was last subject before suffering loss of office if at the date on which he
ceased to be subject thereto he had attained normal retiring age and complied
with any requirement of the said scheme as to a minimum period of qualifying
service or contribution;
 “the Act” means 
the Justices of the Peace Act, 1949;

 “actuary” means 
a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland
;
 “completed year of service”
means service for a period of three hundred and sixty-five
days or a number of periods amounting in the aggregate to three hundred and
sixty-five days: so however that if the period or periods of service when
aggregated include a fraction of a year that fraction shall, if it equals
or exceeds one hundred and eighty-two days, be treated as a year and in any
other case be disregarded;
 “determining authority”
means—
(a) when the claimant's loss of office is attributable
to the coming into operation of section ten
of the Act, the paying authority,
(b) 
in any other case the magistrates' courts committee which appointed or employed
the claimant or, in the case of a justices' clerk or a person employed by
him in connection with the clerkship who lost office or employment before
the first day of April, 1953, the magistrates' courts committee which would
be deemed to have appointed him or to the employment of which he would have
been transferred had he continued to hold the office or employment he lost
until the first day of April, 1953;
 “emoluments” means 
all salary, wages, fees and other payments paid or made to the claimant for
his own use in respect of the office he has lost and includes the money value
of any apartments, rations or other allowances in kind appertaining to his
office, but does not include payments in respect of overtime, and from the
amount so calculated there shall be deducted—
(a) the amount of any salaries or other sums paid
by him to persons employed by him in connection with the duties of his office,
and
(b) the
amount of his office expenses; and “net emoluments” means the annual rate of the emoluments paid or made to the claimant immediately
before the loss of office, after deducting therefrom, in the case of a pensionable
officer, any contribution payable by him under the pension scheme to which
he was then subject;
 “justices' clerk” 
includes a clerk to the justices of a liberty;
 “local government service” includes service under a standing joint committee of a court of
quarter sessions and a county council appointed under section thirty
of the Local
Government Act, 1888;
 “material date” means 
the date on which occurred the event to which the loss of office in respect
of which a person claims compensation under these Regulations is attributable
(that is to say, that date on which occurred one of the events specified in paragraph (i), (ii) or (iii) of Regulation 4
of these Regulations to which his said loss is attributable);

 “national service” means service of a description specified in the First Schedule
to the Reserve
and Auxiliary Forces (Protection of Civil Interests) Act,1951
and includes any period immediately following the termination of such service
during which the claimant (with the consent, in the case of a clerk of the
peace or justices' clerk, of the authority by whom he was appointed and, in
the case of any other person, of the person or authority by whom he was employed
before undertaking that service) continued in similar service;

 “normal retiring age”
means, in relation to a whole-time or part-time pensionable
officer, the age of compulsory retirement prescribed by the pension scheme
to which he was last subject before suffering loss of office and in any other
case, in relation to a person claiming compensation in respect of the office
of a justices' clerk, the age of seventy years and, in relation to any other
person, the age of sixty-five years;
 “office” includes
employment;
 “part-time officer” means a person who immediately before the material date devoted part only
of his time to the office of clerk of the peace or justices' clerk or to assisting
the holder of such an office in the performance of the duties of that office
;
 “paying authority” means—
(a) where the office in respect of which a claim arises was that of
clerk of the peace for any borough or other area, the council of the borough
or of the county in which that area is comprised,
(b) 
where the office in respect of which a claim arises was that of justices'
clerk, in the case of a clerk to the justices for a borough having a separate
commission of the peace, the council of that borough and, in any other case,
the council of the county in which is comprised the petty sessions area or
place in and for which the justices to whom the claimant was clerk acted,

(c) 
where the employment in respect of which a claim arises consisted of assisting
the holder of such an office as aforesaid, the council of the county or borough
which would be the paying authority if the claim were in respect of the said
office;
 “pensionable officer”
means a person who immediately before the material date
was subject to a pension scheme;
 “pension scheme” means a scheme for the payment of superannuation benefits to a person
as part of the terms and conditions of the office he lost;
 “service”, in relation to a person
to whom these Regulations apply, means any period of
whole-time or part-time employment after attaining the age of eighteen years
in any of the following offices or employments, that is to say:—
(a) clerk of the peace.

(b) justices'
clerk.
(c) employment
in assisting the holder of such an office in the performance of the duties
of that office,
(d) service
as collecting officer or in the employment of a collecting officer,
(e) employment
under the Crown,
(f) employment
in local government service in Great Britain, and includes any period of national service or war service undertaken
on that person's ceasing to hold any such office or employment as aforesaid
if, in the case of national service, that person, within six months after
the termination of such service, again was appointed to any such office or
entered any such employment as aforesaid, but does not, in the case of a person
who has been appointed to any such office or entered any such employment as
aforesaid after becoming entitled to a superannuation benefit under, or under
Regulations made under, the Local Government Superannuation Act, 1953,
or any other Act, include employment which was taken into account only for
the purpose of determining whether he was entitled to receive that benefit
or for the purpose of calculating the amount of that benefit;

 “tribunal” means 
a referee or board of referees appointed by the Minister of Labour and National
Service after consultation with the Lord Chancellor;
 “war service” means
—
(a) 
service in the armed forces of the Crown, being service rendered between the
fourth day of August, 1914. and the thirty-first day of August, 1921; or
(b) 
war service within the meaning of the Local Government Staffs (War Service) Act, 1939
or
(c) 
any period after the termination of the last-mentioned service during which
the claimant (with the consent, in the case of a clerk of the peace or justices'
clerk, of the authority by whom he was appointed and, in the case of any other
person, of the person or authority by whom he was employed before undertaking
that service) continued in similar service;
 “whole-time officer” means a person who immediately before the material date devoted the whole
of his time to the office of clerk of the peace or justices' clerk or to assisting
the holder of such an office in the performance of the duties of that office
.
3 

(1) In relation to a justices'
clerk who before the coming into operation of section nineteen
of the Act was a collecting officer of any court, any emoluments in respect
of that service shall, for the purposes of these Regulations, be treated as
emoluments in respect of the duties of the clerkship and his duties as clerk
shall, for the said purposes, be treated as including his services as collecting
officer.
(2) Any reference in these
Regulations to a person who suffers loss of office shall include a reference
to a person who, before the date on which these Regulations came into operation,
suffered loss of office.
(3) The Interpretation Act, 1889,
shall apply to the interpretation of these Regulations as it applies to the
interpretation of an Act of Parliament.
4 
These Regulations apply to any person who on
the sixteenth day of December, 1949—
(a) was the holder of an office
in respect of which he was paid a salary by a county or borough council; or

(b) was employed by the holder
of any such office to assist him in the performance of the duties of that
office; or
(c) would have been within
one of the foregoing sub-paragraph but for any national service or war service
on which he was then engaged,
and, being immediately before the material date a whole-time
officer or a part-time officer, suffers the loss of one of the following offices
or employments, that is to say, the office of clerk of the peace or justices'
clerk or employment in assisting the holder of such an office in the performance
of the duties of that office or, being immediately before the material date
a whole-time officer, suffers a diminution of emoluments in respect of any
such office or employment which loss or diminution of emoluments is attributable
to—
(i) the coming into operation
of section ten
of the Act, or
(ii) the making of an Order
under section eighteen
of the Act, or
(iii) the grouping of clerkships
under a justices' clerk.
5 
A person to whom these Regulations apply shall
be entitled to have his case considered for the receipt of compensation under
these Regulations, the question whether any such compensation is payable,
and, if so, the amount thereof being determined in accordance with the provisions
of the Schedule
to these Regulations.
6 

(1) If a person to whom these
Regulations apply has claimed compensation under these Regulations and is
aggrieved by the refusal of the determining authority to accept his claim
or by their failure to come to a decision on his claim within three months
after the date on which it was received by them or by a decision that no compensation
should be paid to him or by the amount of compensation awarded, he may, within
three months after the refusal or failure or after the date on which he received
notice of the decision or of the amount of compensation awarded, as the case
may be, refer the matter to the tribunal; and the tribunal shall consider
any matter so referred in accordance with the provisions of these Regulations
and determine accordingly whether, and if so what, compensation ought to be
awarded to the claimant; and the paying authority shall give effect to the
decision of the tribunal.
(2) If any person to whom these
Regulations apply has claimed compensation under these Regulations and the
determining authority in relation to his claim are not the paying authority
and the paying authority and the paying authority are aggrieved by a decision
of the determining authority to accept the claim or by the amount of compensation
awarded, the paying authority may, within one month after the date on which
they receive notice of the decision or of the amount of compensation awarded,
as the case may be, refer the matter to the tribunal; and the tribunal shall
consider any matter so referred in accordance with the provisions of these
Regulations and determine accordingly whether, and if so what, compensation
ought to be awarded to the claimant; and the paying authority shall give effect
to the decision of the tribunal.
(3) The proceedings on any
reference under these Regulations to the tribunal shall be deemed not to be
an arbitration to which anything in the Arbitration Act, 1950 applies.

7 

(1) Any compensation payable
under these Regulations shall be paid by the paying authority and shall be
payable to, or in trust for, the person who is entitled to receive it, and
shall not be assignable.
(2) Any sum payable as compensation
to a person under these Regulations shall be recoverable as a debt due from
the paying authority.
David Maxwell Fyfe
One of Her Majesty's Principal Secretaries of State
Home Office, Whitehall
24th September, 1954
SCHEDULE
PART I
Regulation 5
1 
Every claim for compensation under these Regulations,
and every request for a review of an award of compensation as provided for
in paragraphs 11 and 25
of this Schedule, shall be made in accordance with the following provisions
of this Part of this Schedule.
2 
Every such claim and every such request shall
be made in such form and in such manner as the determining authority may require.

3 
In the event of the death of a person who has
made a claim or who, if he had survived, could have made a claim for compensation
under these Regulations, such claim may be continued by, or may be made by,
his legal personal representatives.
4 
On receipt of any such claim or request the
determining authority shall, in accordance with the provisions of this Schedule,
consider the same and notify the claimant and, unless in relation to the claimant
they are the paying authority, the paying authority in writing of their decision
in respect thereto.
5 
Every notification to a claimant of a decision
by the determining authority 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 informing him of the address of the appropriate
tribunal.
6 

(1) A claimant,
if so required by the determining authority, shall attend before the determining
authority or any person duly appointed in that behalf by the determining authority
and answer any questions touching the matters set forth in his claim, and
shall produce all books, papers and other documents in his possession or under
his control relating to his claim.
(2) A claimant
who attends as aforesaid may, if he so desires, be represented by his adviser.

PART II
7 

(1) On receipt
of a first claim from a claimant for compensation in respect of loss of office,
not being a claim for resettlement payment under Part VI
of this Schedule, the determining authority shall consider forthwith whether
the claimant is a person to whom this Part of this Schedule applies, and,
if they consider that he is not such a person, shall so advise him within
one month of the receipt of the claim.
(2) This Part
of this Schedule applies to a whole-time officer or a part-time officer who,
after attaining the age of eighteen years, for the period of eight years immediately
preceding the material date continuously (except for breaks not exceeding
in the aggregate eighteen months) devoted the whole or part only of his time
to the office of clerk of the peace or justices' clerk or to assisting the
holder of such an office in the performance of the duties of that office or
to any combination of any such offices or employments except in so far as
he was engaged on national service or war service undertaken on his ceasing
to hold any such office or employment.
8 
Unless the determining authority advise the
claimant under sub-paragraph (1) of paragraph
7 of this Schedule, they shall, as soon as
may be, assess the just amount (if any) of the compensation to be awarded
under the succeeding provisions of this Part of this Schedule and notify the
claimant and, unless in relation to the claimant they are the paying authority,
the paying authority, of their decision.
9 
For the purpose of determining whether any compensation
under this Part of this Schedule should be awarded to a claimant for loss
of office and, if so, the amount of the compensation, the determining authority
shall have regard to—
(a) the conditions
upon which he held his office, 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 office
to which he may have been appointed in place of the office he has lost; and

(c) all the
other circumstances of his case.
10 

(1) In the
case of a whole-time officer to whom this Part of this Schedule applies, compensation
under the said Part for loss of office shall be awarded by way of an annual
sum payable until normal retiring age which sum shall not exceed a sum calculated
as follows, namely:—
 for every completed year of the officer's service, one-sixtieth
of the net emoluments of the office he has lost; and in addition in the case
of an officer who has attained the age of forty-five years at the date of
loss, one-sixtieth of the said net emoluments for every completed year of
service since he attained that age;so however that the sum shall not in any case exceed two-thirds
of the net emoluments of the office which he has lost.
(2) In computing
service for the purposes of this paragraph any service in part-time employment
shall be treated as though it were service in whole-time employment for a
proportionately reduced period.
11 

(1) 
(a) The
determining authority shall have discretion to review an award of compensation
to a whole-time officer under this Part of this Schedule at intervals of not
less than six months and to increase it or decrease it in the light of any
change in the circumstances of the case, so however that no review shall,
save in exceptional circumstances, be made later than two years after the
date of the decision of the determining authority under paragraph 8 of this Schedule or,
if the matter was referred to the tribunal under Regulation 6
of these Regulations, two years after the date of the decision of the tribunal.

(b) A
whole-time officer may, at intervals of not less than six months, request
the determining authority to review an award made to him under this Part of
this Schedule if he considers that there has been a material change in the
circumstances to which regard was had when the award was made, so however
that no such request shall, save in exceptional circumstances, be made later
than two years after the date of the decision of the determining authority
under paragraph 8
of this Schedule or, if the matter was referred to the tribunal under Regulation 6 of these Regulations,
two years after the date of the decision of the tribunal.
(2) The determining
authority shall forthwith notify in writing the whole-time officer and, unless
in relation to the officer they are the paying authority, the paying authority
of their decision on any review under sub-paragraph (1) of this paragraph.

(3) Regulation 6 of these Regulations
shall apply to a decision of the determining authority on any review under
this paragraph or to the amount of compensation awarded by such decision as
it applies to a decision or to the amount of compensation referred to in the
said Regulation.
(4) If a whole-time
officer to whom compensation is awarded under this Part of this Schedule is
appointed to another office within the said period of two years, he shall
immediately notify the determining authority in writing of his appointment.

12 

(1) In the
case of a part-time officer to whom this Part of this Schedule applies, compensation
under the said Part for loss of office shall be awarded by way of a lump sum
payment which shall not exceed an amount calculated as follows, namely:—

 two-fifths of the net emoluments of the office the officer
has lost for every completed year of service after the first seven such years
and before the officer attains the age of sixty years, but not exceeding a
sum equal to twice the net emoluments of the said office, less one-fifth of
the said net emoluments for every completed year of service after the officer
attains the age of sixty years:Provided that
the lump sum payment awarded under this paragraph shall, in the case of an
officer to whom sub-paragraph (2) of this paragraph applies, not be less than
the minimum set out in the said sub-paragraph unless the determining authority
in the exercise of their discretion under paragraph 9
of this Schedule so determine.
(2) The minimum
lump sum payment shall be—
(a) if
the officer suffers loss of office after attaining the age of sixty years
and before attaining the age of sixty-five years, three-fifths of the net
emoluments of the office he has lost;
(b) if
the officer suffers loss of office after attaining the age of sixty-five years
and before attaining the age of sixty-seven years, two-fifths of the net emoluments
of the office he has lost;
(c) if
the officer suffers loss of office after attaining the age of sixty-seven
years, one-fifth of the net emoluments of the office he has lost.
PART III
13 
Subject as hereinafter provided, a whole-time
or part-time pensionable officer who suffers loss of office before attaining
normal retiring age shall, on attaining normal retiring age, be entitled to
receive the following compensation, namely:—
(a) an annual
sum equal to the amount of his accrued pension; and
(b) a lump
sum equal to the amount of his accrued retiring allowance.
14 
Where a whole-time or part-time pensionable
officer has been or is, after suffering loss of office, appointed to an office
in which he is subject to a pension scheme in circumstances in which he is
entitled to reckon for the purposes thereof service or contributions which
fall to be taken into account for the purpose of assessing compensation under paragraph 13 of this Schedule,
no compensation under that paragraph shall be payable unless the annual rate
of the emoluments paid or made to him in respect of the office he has lost
immediately before such loss exceeds the annual rate of the emoluments paid
or made to him in respect of the office to which he has been or is appointed
immediately after the appointment by more than five per cent., and any compensation
payable under the said paragraph shall, in so far as it is calculated by reference
to remuneration, be calculated by reference to the difference of the said
annual rates.
15 
If under the pension scheme to which a whole-time
or part-time pensionable officer was last subject before suffering loss of
office the amount of any pension to which he might have become entitled might
have been increased by virtue of the exercise of any discretion conferred
by the pension scheme, the determining authority may determine to increase
the annual sum payable as compensation under paragraph 13
of this Schedule by an annual sum not exceeding the amount by which his accrued
pension might have been increased or the annual value of the payments which
might have been made to him by way of addition to, or supplementation of,
his accrued pension.
16 
If a whole-time or part-time pensionable officer
had attained the age of forty years at the date on which he lost his office,
the determining authority in calculating the amount of the compensation payable
to him under paragraph 13
of this Schedule may credit him with additional years of service or additional
contributions not exceeding one year of service or one year's contributions
for each completed year of service between the date on which he attained the
age of forty years and the date on which he lost his office, but not in any
case exceeding ten years or such number of years as the officer could have
served had he continued in his office until attaining normal retiring age,
whichever is the less.
17 
In deciding whether to add any number of years
under the last preceding paragraph, the determining authority shall have regard
to the conditions set out in paragraph 9
of this Schedule and also to the officer's rights under any pension scheme
associated with any office to which he may have been appointed after suffering
loss of office.
18 

(1) A whole-time
or part-time pensionable officer whose accrued pension includes the annual
value of a contingent right under the pension scheme to which he was last
subject before suffering loss of office in respect of a widow's pension, may,
if he so desires and informs the determining authority in writing within one
month after attaining normal retiring age, agree to surrender so much of the
annual sum payable to him as compensation under paragraph 13
of this Schedule as represents the annual value of any such contingent right
in consideration of the paying authority granting to his widow an annual sum
equal to one-third of his accrued pension less the part thereof surrendered
under the provisions of this paragraph and less the annual value of any contingent
right under the said pension scheme in respect of a death grant.
(2) In calculating
the accrued pension for the purposes of this paragraph no account shall be
taken of any additional years of service or additional contributions credited
under paragraph 16
of this Schedule beyond the number of years which the officer could have served
before his death had he not suffered loss of office.
(3) Any annual
sum payable to a widow under this paragraph shall cease to be payable in any
circumstances in which a widow's pension under the said pension scheme would
have ceased to be payable.
19 

(1) A whole-time
or part-time pensionable officer whose accrued pension includes the annual
value of any contingent right under the pension scheme to which he was last
subject before suffering loss of office in respect of a death grant, may,
if he so desires and informs the determining authority in writing within one
month after attaining normal retiring age, agree to surrender so much of the
annual sum payable to him as compensation under paragraph 13
of this Schedule as represents the annual value of any such contingent right
in consideration of the paying authority granting to his legal personal representatives
a sum equal to the amount of any death grant which would have become payable
to them in accordance with the method of calculation prescribed by the pension
scheme had he died immediately before suffering the loss of office and completed
the minimum number of years of qualifying service or contributions required
by the pension scheme less a sum equal to the aggregate amount of any payments
made to him under paragraph 13
of this Schedule.
(2) If the
amount of any death grant falls to be ascertained by reference to the officer's
years of service or contributions, the years of service or contributions shall
be deemed to include any additional years of service or contributions credited
to the officer under paragraph 16
of this Schedule:Provided that
no account shall be taken of any number of such additional years of service
or contributions beyond those which the officer could have served before his
death had he not suffered loss of office.
(3) If the
number of years of the officer's qualifying service or contributions is less
than the minimum number of years of qualifying service or contributions prescribed
by the pension scheme for the receipt of a death grant, the said sum shall
not exceed such proportion of the death grant calculated as aforesaid as the
number of years of the claimant's qualifying service or contributions bears
to the minimum number of years of qualifying service or contributions required
by the pension scheme.
(4) For the
purpose of calculating the said death grant an annual sum payable under paragraph 18 of this Schedule
shall be deemed to be a widow's pension.
20 
A whole-time or part-time pensionable officer
who, under the pension scheme to which he was last subject before suffering
loss of office, would have been entitled on becoming entitled to a pension
to surrender a part thereof in favour of his spouse or any dependant of his,
may, if he so desires and informs the determining authority by notice in writing
accordingly within one month after attaining normal retiring age, surrender
on the like terms and conditions as on the surrender of part of a pension
such part of the annual sum awarded by way of compensation under paragraph 13 of this Schedule,
and the paying authority may grant to the spouse or any other dependant of
the officer a pension of such value as would be the case were the annual sum
a pension to which he had become entitled under the said pension scheme.
21 

(1) Compensation
shall not be payable, or shall cease to be payable, under this Part of this
Schedule to a whole-time or part-time pensionable officer who has received
any sum by way of a return of contributions under the pension scheme to which
he was last subject before suffering loss of office unless he pays to the
paying authority an amount equivalent to the said sum.
(2) The amount
referred to in sub-paragraph (1) of this paragraph shall be held by the paying
authority subject to the condition that if no death grant is payable under paragraph 19 of this Schedule
and the officer dies before he has received in the aggregate by way of compensation
under this Part of this Schedule a sum equal to the amount so paid to the
paying authority, together with compound interest thereon calculated at the
rate of three per cent. per annum with half yearly rests up to the date of
his death as from the first day of April or the first day of October following
the half year in which the amount was paid, there shall be paid to his legal
personal representatives the difference between the aggregate amount received
by way of compensation and the said sum:Provided that—

(i) this paragraph shall not apply to an officer in whose case paragraph 14 of this Schedule
applies and, in the event of an officer becoming such a person after having
made a payment under this paragraph, the amount of the sum so paid shall be
returned to him by the paying authority;
(ii) if an annual sum becomes payable to the widow of such an officer
under paragraph 18
of this Schedule and on the sum ceasing to be payable the aggregate amount
of the payments which had been made to her or to her husband under this Part
of this Schedule was less than the aggregate amount of the sum paid to the
paying authority by the husband on account of contributions and the total
of the compound interest thereon as aforesaid, the difference between the
said aggregate amounts shall be paid to her or to her legal personal representatives
and not to her husband's legal personal representatives.
(3) A whole-time
or part-time pensionable officer shall, on or before the date on which compensation
may become payable to him under this Part of this Schedule, be entitled, if
he so desires and informs the determining authority in writing accordingly,
to receive from the paying authority in lieu of any such compensation—

(a) 
if he has paid any sum to the paying authority under sub-paragraph (1) of
this paragraph, an amount equivalent thereto, together with interest thereon
calculated in the manner provided by the pension scheme as from the date of
payment of the said sum; and
(b) 
if he has not received a return of contributions under the pension scheme
to which he was last subject before suffering loss of office and if, being
entitled to such a return, he has relinquished that right, an amount equivalent
to the amount of such contributions, together with interest thereon calculated
in the manner provided by the pension scheme,and any liability of the paying authority under 
paragraph 18 or 19 of this Schedule shall cease
in the event of his giving such notice as aforesaid.
22 

(1) In the
case of a whole-time officer receiving compensation for loss of office under Part II of this Schedule who is
not a pensionable officer, the determining authority may, on his attaining
normal retiring age, if they are satisfied that he would, but for the loss,
have continued in the office he has lost for a substantial period beyond that
age, determine that he be paid compensation for the remainder of his life
at a rate one half of the rate of compensation being paid to him before he
attained that age.
(2) In the
case of a whole-time officer to whom Part II
of this Schedule applies, who is not a pensionable officer, and who suffers
loss of office on or after attaining normal retiring age, the determining
authority may, if they are satisfied that he would, but for the loss, have
continued in the office he has lost for a further substantial period, determine
that he be paid compensation for the remainder of his life at a rate one half
of the rate of compensation which would have been awarded to him under Part II of this Schedule had he
not attained normal retiring age at the date on which he lost his office;
and Part II of this
Schedule shall apply accordingly for the purpose of determining the said rate
of compensation.
(3) The determining
authority shall notify the officer and, unless in relation to the claimant
they are the paying authority, the paying authority in writing of any determination
under this paragraph, and any such notification shall, for the purpose of
these Regulations, be deemed to be a notification by the determining authority
of the amount of compensation awarded.
PART IV
23 

(1) The compensation
awarded to a whole-time officer for diminution of emoluments shall be awarded
by way of an annual sum, payable for the same period or periods as would be
the case were he a whole-time officer claiming compensation for loss of office
under Parts II and III
of this Schedule, and shall not, in respect of any such period, exceed a sum
bearing the same proportion to the maximum amount of compensation which could
have been awarded had he lost office as the annual rate of his emoluments
immediately after diminution bears to the annual rate of his emoluments immediately
before diminution:Provided that
where the said proportion is less than five per cent. no compensation shall
be awarded.
(2) Any reference
in the foregoing provisions of these Regulations to loss of office shall,
in their application to a claim for diminution of emoluments, be construed
as a reference to diminution of emoluments.
(3) Compensation
under this Part of this Schedule shall cease to be payable if the whole-time
officer ceases to hold the office in respect of which he is receiving compensation,
otherwise than on grounds of ill health, injury or infirmity or of loss of
office, before attaining normal retiring age.
24 
Paragraphs 7, 8 and 9
other than sub-paragraph (b) of paragraph
9, of this Schedule, shall apply to a first
claim for compensation from a claimant for diminution of emoluments as they
apply to a first claim for compensation from a claimant for loss of office.

25 
A decision to award compensation to a whole-time
officer under this Part of this Schedule in respect of the period before he
attains normal retiring age shall be subject to review in like manner as a
decision to award compensation under Part II
of this Schedule:
Provided that—

(a) 
no review shall take place after the date on which he ceases to hold the office
in respect of which he is receiving compensation for diminution of emoluments,
except a review as at that date; and
(b) 
while he continues to hold that office there shall be no limit to the period
within which a review may take place.
26 
Paragraphs 18 to 20
of this Schedule shall apply to a whole-time pensionable officer entitled
to compensation for diminution of emoluments as they apply to a whole-time
pensionable officer entitled to compensation for loss of office.
PART V
27 

(1) Where a
whole-time or part-time officer to whom on attaining normal retiring age compensation
by way of an annual sum is payable under Part III or Part IV
of this Schedule has become or becomes entitled to a pension in respect of
any office the remuneration of which was payable out of public funds and to
which he had been appointed after suffering the loss of office or the diminution
of emoluments, and in calculating the amount of such pension account is taken
of any service or contributions which were taken into account in calculating
the compensation payable, then, if the compensation payable after the person
becomes so entitled does not exceed such part of the pension as is attributable
solely to that service or those contributions, the compensation shall cease
to be payable and, if it exceeds such part of the pension as aforesaid, it
shall be reduced by an amount equal to that part.
(2) Where the
widow of a whole-time or part-time officer to whom an annual sum is payable
under paragraph 18
of this Schedule has become or becomes entitled to a widow's pension in respect
of any office of her husband the remuneration of which was payable out of
public funds and to which he had been appointed after suffering the loss of
office or the diminution of emoluments and any part of such widow's pension
is attributable to service or contributions of her husband of which account
was taken in calculating his accrued pension by reference to which the said
annual sum was calculated, then if the said annual sum does not exceed such
part of the pension as is attributable solely to that service or those contributions,
the said annual sum shall cease to be payable, and, if it exceeds such part
of the pension as aforesaid, it shall be reduced by an amount equal to that
part.
(3) Where the
legal personal representatives of a whole-time or part-time officer to whom
a sum is payable on the claimant's death under paragraph 19
of this Schedule have become or become entitled to receive a death grant under
a pension scheme associated with any office of the claimant the remuneration
of which was payable out of public funds and to which he had been appointed
after suffering the loss of office or the diminution of emoluments and as
one of the factors in the calculation of the amount of such death grant account
fell to be taken of any service or contributions which fell to be taken into
account as one of the factors in the calculation of the said sum, the said
sum shall be reduced by an amount equal to such proportion of the amount of
the death grant as the number of years of service or contributions bears to
the total number of years of service or contributions, of which account fell
to be taken as aforesaid in the calculation of the death grant.
(4) Where any
such compensation, annual sum or sum is reduced in accordance with the foregoing
provisions of this paragraph, such compensation, annual sum or sum shall be
further reduced by an amount equal to such part thereof (if any) as is attributable
to any additional years of service or contributions credited in accordance
with paragraph 16
of this Schedule.
(5) This paragraph
shall not apply to, or in respect of, a whole-time pensionable officer in
whose case paragraph 14
of this Schedule has been applied, except to the extent to which the amount
of the pension, widow's pension or death grant to which the officer, his widow
or his legal personal representatives has become or becomes entitled as aforesaid
is attributable to annual emoluments of a greater amount than the amount of
the annual emoluments to which the officer became entitled on being appointed
to the office referred to in that paragraph.
(6) This paragraph
shall not apply to, or in respect of, a whole-time officer to whom compensation
is or was payable for diminution of emoluments and who has become entitled
to a pension in respect of an office to which he had been appointed after
suffering the diminution of emoluments or whose widow has become entitled
to a widow's pension or whose legal personal representatives have become entitled
to a death grant in respect of such office except to the extent to which the
amount of the pension, widow's pension or death grant is attributable to annual
emoluments of a greater amount than the amount of the annual emoluments of
the officer's former office immediately after their diminution.
28 

(1) If a whole-time
officer receiving compensation for loss of office under Part II of this Schedule is appointed
to another office after suffering the loss of office and the remuneration
thereof is payable out of public funds, he shall not, so long as he holds
that office, be entitled to receive any greater sum by way of compensation
in respect of such loss than would make up the amount (if any) by which the
annual rate of the emoluments of that office fall short of the annual rate
of the emoluments of the office he has lost immediately before such loss.

(2) If a whole-time
officer receiving compensation for diminution of the emoluments of any office
loses that office in circumstances in which he does not become entitled to
compensation in respect of that loss and thereupon or thereafter he is appointed
to another office the remuneration of which is payable out of public funds,
he shall not, so long as he holds that office, be entitled to receive any
greater sum by way of such compensation than would make up the amount (if
any) by which the annual rate of the emoluments of that office fall short
of the annual rate of the emoluments of the former office immediately before
such diminution.
29 

(1) If a person
becomes subject to the provisions of either of the two last preceding paragraphs
he shall immediately notify the determining authority in writing accordingly.

(2) A person
who has become subject to the provisions of the last preceding paragraph shall
also notify the determining authority in writing of any increase in the remuneration
of the office to which he has been appointed as aforesaid.
30 
Any part-time pensionable officer who suffers
diminution of emoluments may, if he so desires and informs the determining
authority by notice in writing within six months after suffering the diminution
or of the coming into operation of these Regulations, whichever last occurs,
continue his contributions under the pension scheme and continue to have contributions
paid in respect of him and be entitled to the benefits thereunder by reference
to the amount of his emoluments before they were diminished.
31 

(1) Any compensation
payable under Part II,
or under that Part as applied by Part IV, or
under Part
VI of this Schedule shall be, or commence to
be, payable at the date fixed by the determining authority or the tribunal,
as the case may be.
(2) The date
fixed may be earlier than the date of the determination by the determining
authority or the tribunal, as the case may be:Provided that—

(i) 
in the case of an annual sum awarded to a whole-time officer under Part II of this Schedule to whom
resettlement payment has also been awarded the date fixed shall not be earlier
than the end of the period for which resettlement payment has been awarded;

(ii) the date fixed shall not, save in exceptional circumstances, be
earlier than thirteen weeks before the date of the receipt of the claim for
compensation by the determining authority.
PART VI
32 

(1) On receipt
of a claim for compensation for loss of office by way of a resettlement payment
the determining authority shall consider forthwith whether the claimant is
a person to whom this Part of this Schedule applies and, if so, what should
be the amount of the resettlement payment payable to him and shall inform
the claimant and, unless in relation to the claimant the determining authority
are the paying authority, the paying authority of their decision within one
month of the receipt of the claim.
(2) This Part
of this Schedule applies to—
(a) a
whole-time officer who at the date of the loss of office had not attained
normal retiring age and who after attaining the age of eighteen years for
the period of three years immediately preceding the material date continuously
(except for breaks not exceeding in the aggregate six months) devoted the
whole or part only of his time to the office of clerk of the peace or justices'
clerk or to assisting the holder of such an office in the performance of the
duties of that office or to any combination of any such offices or employment,
duties of that office or to any combination of any such offices or employment,
except in so far as he was engaged on national service or war service undertaken
on his ceasing to hold any such office or employment; or
(b) a
part-time officer who at the date of suffering the loss of office had not
attained normal retiring age and to whom Part II
of this Schedule does not apply.
33 
A part-time officer to whom this Part of this
Schedule applies shall be entitled to receive resettlement payment of a lump
sum equal to forty-two three hundred and sixty-fifths of the net emoluments
of the office he has lost.
34 
The amount of the resettlement payment to a
whole-time officer to whom this Part of this Schedule applies shall be a sum
which when added to—
(a) two-thirds
of any remuneration the officer is receiving for any office during the period
in respect of which resettlement payments are payable; together with
(b) where
he is, or would if he made a claim thereto be, entitled to draw unemployment
or sickness benefits under the National Insurance Acts, 1946 to 1953, the
sum which would be so payable in respect of a person having no dependants,

is equal to two-thirds of the net emoluments of the office
he has lost.
35 

(1) Resettlement
payments to a whole-time officer to whom this Part of this Schedule applies
shall be payable in respect of the period of thirteen weeks next succeeding
the week in which he lost office or, in the case of a claimant who has attained
the age of forty-five years, the said thirteen weeks extended by an additional
period of one week for every year of his age after attaining the age of forty-five
years and before the date of the loss of office subject to maximum addition
of thirteen such periods.
(2) Such resettlement
payments shall be payable at intervals equivalent to those at which the officer's
emoluments were previously paid.