
PART I
1 
These regulations may be cited as the London Government (Compensation)
Regulations 1964, and shall come into operation on 18th December 1964.
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:—
 “accrued pension” in
relation to a pensionable officer who has suffered loss of employment, means the pension to which he would have become entitled in respect of
his pensionable service according to the method of calculation (modified where
necessary in accordance with regulations 23(2)
and 41
of these regulations) prescribed by the pension scheme to which he was last
subject before suffering loss of employment 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 completed any additional contributory payments or payments
in respect of added years which he was in course of making: Provided that in the case of a pensionable officer who held the
office of clerk of the peace or deputy clerk of the peace no account shall
be taken of any part of the pension which would have been calculated by reference
to his remuneration in either such office;
 “accrued retiring allowance”
 in relation to a pensionable officer who has suffered loss
of employment, means any lump sum payment to which he
would have become entitled in respect of his pensionable service according
to the method of calculation (modified where necessary in accordance with regulations 23(2) and 41
of these regulations) prescribed by the pension scheme to which he was last
subject before suffering loss of employment 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 completed any additional contributory payments or payments
in respect of added years which he was in course of making: Provided that in the case of a pensionable officer who held the
office of clerk of the peace or deputy clerk of the peace no account shall
be taken of any part of the lump sum payment which would have been calculated
by reference to his remuneration in either such office;
 “accrued incapacity pension”
 and “accrued incapacity retiring
allowance” have the same respective
meanings as “accrued pension” and “accrued retiring allowance”
except that the reference to a person's having attained normal retiring age
shall be construed as a reference to his having become incapable of discharging
efficiently the duties of his employment by reason of permanent ill-health
or infirmity of mind or body;
 “the Act” means 
the London Government Act 1963;

 “added years” in relation
to a person who suffers loss of employment, means—
(a) in the
case of a contributory employee or local Act contributor any additional years
of service reckonable by him in his employment immediately prior to the loss
in question under regulation 12
of the Local
Government Superannuation (Benefits) Regulations 1954, any corresponding provision of a local
Act scheme, or that regulation or any such provision as aforesaid as applied
by regulations made under 
Schedule 3 or Schedule 4 to the Local Government Superannuation Act 1953,
and includes any additional years of service which, having been granted under
any such provision or under any similar provision contained in any other enactment
or scheme, have subsequently become and are reckonable under or by virtue
of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act
1948, or any other enactment; and
(b) 
in the case of a person employed in contributory service under the Teachers
(Superannuation) Acts 1918 to 1956,
any additional years of service similar to additional years of service referred
to in paragraph (a) of this definition
which at the date of the loss in question have become, or are in course of
becoming, reckonable in his employment in contributory service;
 “additional contributory payments”
 means—
(a) additional contributory payments of the kind
referred to in section 2(3) and (4)
of the Local
Government Superannuation Act 1953; or
(b) any similar payments made under a local Act
scheme as a condition of reckoning any period of employment as service or
as a period of contribution for the purposes of the scheme, or, where the
scheme provides for the reckoning of non-contributing service, as contributing
service for the purposes of the scheme; or
(c) any payments made for the purpose of increasing
the length at which any period of service or of contribution would be reckonable
for the purpose of calculating a benefit under a local Act scheme; or
(d) any payments similar to any of those mentioned
in the foregoing sub-paragraphs made in pursuance of rules under section 2 of the Superannuation (Miscellaneous Provisions) Act
1948;
 “compensating authority”
 means—
(a) in relation to an officer of a local authority
who after being transferred by or under the Act to the employment of another
local authority has suffered loss of employment or loss or diminution of emoluments,
the local authority by whom the officer was last employed or the emoluments
were last paid, as the case may be, prior to the loss or diminution;
(b) in relation to an officer of a local authority not transferred
by or under the Act who suffers loss of employment or loss or diminution of
emoluments, such local authority as is mentioned in the last foregoing paragraph
or, if that authority has ceased to exist, the authority to whom the residue
of its property and liabilities have been transferred under the Act;
(c) in relation to any other person who has suffered such
loss or diminution as aforesaid and who immediately prior to the loss or diminution
was employed under an officer of a local authority, the authority who under
the foregoing paragraphs would have been the compensating authority in relation
to that officer if he had suffered such loss or diminution at the same time;

(d) in relation to an officer of a local valuation panel or
person employed under such an officer, the Minister; and
(e) in any other case, such local authority or other body
as the Minister may determine;
 “contributory employee”
 and “local Act contributor” have the same meaning as in the Local Government Superannuation Act 1937;

 “emoluments” means all salary, wages, fees and other payments paid or made to an officer
as such for his own use, and includes the money value of any apartments, rations
or other allowances in kind appertaining to his employment, but does not include
payments for overtime, other than payments which are a usual incident of his
employment, or any allowances payable to him to cover the cost of providing
office accommodation or clerical or other assistance, or any travelling or
subsistence allowance or other moneys to be spent, or to cover expenses incurred
by him, for the purposes of his employment; and
 “net emoluments” means—
(a) in relation to an employment which has been lost or
in which an officer has suffered a diminution of emoluments, the annual rate
(subject to regulation 41
of these regulations) of the emoluments of that employment immediately before
such loss or diminution, less such part of those emoluments as the officer
was then liable to contribute under any pension scheme associated with his
employment except any periodical sum payable in respect of additional contributory
payments; and
(b) in relation to any other employment, the annual rate of the emoluments
of that employment at the time in question, less such part of those emoluments
as the officer was then liable to contribute under any pension scheme associated
with his employment:

Provided that where fees were paid to a person as part of his emoluments during
any year prior to that immediately preceding the loss or diminution, the amount
in respect of fees to be included in the annual rate of emoluments mentioned
in sub-paragraph (a) hereof shall be the
annual average of the fees paid to him during the period of five years immediately
preceding the loss or diminution, or such shorter period, as may be reasonable
in the circumstances;
 “local authority” means the council of a county, county borough, metropolitan borough, London
borough, county district, rural parish or borough included in a rural district
and includes the Greater London Council, the Common Council of the City of
London, the council of the Isles of Scilly, any two or more of those authorities
acting jointly, and any joint committee, combined authority or joint board
and a police authority for a county, a borough or a combined police area;

 “long-term compensation”
 means compensation payable in accordance
with the provisions of Part IV
of these regulations for loss of employment or loss or diminution of emoluments
;
 “material date” in relation
to any person who has suffered loss of employment or loss or diminution of
emoluments means—
(a) where the loss or diminution is attributable
to any provision of the Act—
(i) 
for the purposes of regulations 3
and 5
of these regulations, the date of coming into operation of these regulations;
and
(ii) for any other purpose of these regulations, 1st April 1965, or
the date on which the loss or diminution occurred, whichever is the earlier;
and
(b) where the loss or diminution is attributable to the provisions
of any instrument made under the Act (including an agreement made under section 24(7) thereof) the date
on which the instrument or agreement was made, or such other date or dates
as may be specified therein for all or any of the purposes of these regulations;

 “minimum pensionable age”
 means, in relation to a pensionable
officer, the earliest age at which, under the pension scheme associated with
the employment he has lost or the emoluments of which have been diminished,
he could have become entitled to a pension other than a pension payable in
consequence of his incapacity to discharge efficiently the duties of his employment
by reason of permanent ill-health or infirmity of mind or body;

 “Minister” means the Minister of Housing and Local Government;
 “national service” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection
of Civil Interests) Act 1951, and includes
service immediately following such service as aforesaid, being service in
any of Her Majesty's naval, military or air forces pursuant to a voluntary
engagement entered into with the consent—
(a) in the case of a person whose last relevant
employment was as a justices' clerk, of the authority by whom he was appointed,
or
(b) in the case of any other person, of the authority or person under
whom he held his last relevant employment;
 “normal retiring age”
means, in the case of a pensionable officer to whom
an age of compulsory retirement applied by virtue of any pension scheme to
which he was subject in the employment he has lost or the emoluments of which
have been diminished or by virtue of the conditions of that employment, that
age, and, in any other case, the age of sixty-five years if the officer is
a male, or sixty years if the officer is a female;
 “office” means 
any place, situation or employment, and the expression “officer”
 shall be construed accordingly;

 “pensionable officer”
in relation to an officer who has suffered loss of employment or loss or diminution
of emoluments, means an officer who immediately before
such loss or diminution was entitled to participate in the benefits of any
pension scheme associated with his employment as an officer;

 “pension scheme” means a scheme for the payment of superannuation benefits to a person
as part of the terms and conditions of any employment held by him;

 “reckonable service”
in relation to a person means any period of whole-time
or part-time employment in any relevant employment and includes any period
of war service or national service undertaken on the person's ceasing to hold
any such employment but does not include employment of which account has been
taken, or is required to be taken, in calculating the amount of any superannuation
benefit to which the person has become entitled;
 “registration officer”
means a superintendent registrar, deputy superintendent
registrar, registrar of births and deaths, deputy registrar of births and
deaths, registrar of marriages appointed under section 7 of the Registration Service Act 1953,
or a person employed under any such officer for the purposes of his functions
as such officer;
 “relevant employment”
means employment—
(a) under the Crown or in the service of a local
authority or local valuation panel in Great Britain, or
(b) by any authority or body for the purposes of the Crown or of local
government in Great Britain, or
(c) under any officer employed as mentioned in either of the foregoing
paragraphs of this definition for the purposes of the functions of the employing
authority or body, or
(d) preceding any of the foregoing employments which was reckonable
for the purposes of any pension scheme associated with the employment which
has been lost, or
(e) in such other service as the Minister may, in the case of any named
officer, approve;
 “resettlement compensation”
 means compensation payable in accordance
with Part III of
these regulations for loss of employment suffered by a person to whom these
regulations apply;
 “retirement compensation”
 means compensation payable in accordance
with the provisions of regulation 18, 19, 20 or 21
of these regulations;
 “tribunal” means a referee or board of referees appointed by the Minister of Labour
after consultation with the Lord Chancellor;
 “war service” means war service within the meaning of the Local Government Staffs (War Service) Act 1939,
the Teachers Superannuation (War Service)
Act 1939, the Police and Firemen (War Service) Act 1939
or employment for war purposes within the meaning of the Superannuation Schemes (War Service)
Act 1940 and includes any period of service
in the First World War in the armed forces of the Crown or in the forces of
the Allied or Associated Powers if such service immediately followed a period
of relevant employment and was undertaken either compulsorily or with the
permission of the employer in that employment.
(2) Without prejudice
to the generality of the definition of “officer”
 in the last foregoing paragraph, the following persons shall be deemed
for the purposes of these regulations to be officers of a local authority,
whether or not they are the holders of any office under such an authority,
that is to say—
(a) registration
officers,
(b) public analysts
and deputy public analysts,
(c) medical referees
and deputy medical referees of crematoria provided by local authorities,and references to employment in the service of a local authority
shall be construed accordingly.
(3) Where under any provision
of these regulations an annual value is to be assigned to a capital sum or
a capital value to an annual amount, the annual or capital value shall be
ascertained in accordance with tables for the time being approved by the Minister
for the purposes of these regulations.
(4) Unless the context
otherwise requires, references in these regulations to the provisions of any
enactment, rule, regulation, order, scheme or other instrument shall be construed
as references to those provisions as amended or re-enacted by any subsequent
enactment, rule, regulation, order or scheme.
(5) 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) Except as hereinafter
provided, these regulations shall apply to any person who—
(a) is employed
immediately before the material date, either for the whole or for a part only
of his time, as an officer of a local authority or local valuation panel or
under such an officer for the purposes of the functions of the local authority
or local valuation panel, as the case may be, or
(b) would be so
employed at that time but for any national service on which he is then engaged.

(2) These regulations
shall not apply to—
(a) any member of
a fire brigade of a class prescribed by the Firemen's Pension Scheme for the
time being in force under section 26 of the Fire Services Act 1947,
for the purposes of section 2 of the Fire Services Act 1951,
or
(b) any officer
of a local authority in his capacity as clerk of the peace or deputy clerk
of the peace of a borough, or
(c) any other person
in relation to an employment in which substantially the whole of his time
is devoted to assisting a clerk of the peace or deputy clerk of the peace
of a county or borough in the performance of the duties of his office.
4 
Subject to the provisions of these regulations, every person to
whom these regulations apply and who suffers loss of employment or loss or
diminution of emoluments which is attributable to any provision of the Act
or of any instrument made under the Act (including any agreement made under section 24(7) thereof) shall be
entitled to have his case considered for the payment of compensation under
these regulations and such compensation shall be determined in accordance
with the following provisions of these regulations.
5 

(1) Where any person
to whom these regulations apply would have been employed immediately before
the material date as an officer of a local authority or under such an officer
for the purposes of the functions of the local authority but for any national
service on which he was then engaged, then if before the expiry of two months
after ceasing to be so engaged, or if prevented by sickness or other reasonable
cause, as soon as practicable thereafter, he gives notice to the compensating
authority that he is available for employment, that person shall be entitled
to have his case considered for the payment of compensation on the ground—

(a) if he is not
given or offered re-employment in his former office or in any reasonably comparable
office (whether in the administration of the same or a different service),
of loss of employment;
(b) if he is so
re-employed with reduced emoluments as compared with the emoluments which
he would have enjoyed had he continued in his former employment, of diminution
of emoluments.
(2) The loss of employment
which is the ground of a claim for compensation under sub-paragraph (a) of the last foregoing paragraph shall be treated
as having occurred on the earlier of the two following dates, that is to say,
the date of the refusal of re-employment or a date one month after the date
on which the person gave notice that he was available for employment, and
the claimant shall be deemed to have been entitled to the emoluments which
he would have enjoyed at such earlier date had he continued in his former
employment.
PART III
6 

(1) The compensating
authority shall, subject to the provisions of these regulations—
(a) consider and
determine the entitlement to resettlement compensation of every person to
whom this Part of these regulations applies who claims such compensation and
in relation to whom the conditions set out in the next succeeding regulation
are satisfied, and
(b) pay the amount
of any compensation so determined.
(2) This Part of these
regulations applies to a person who at the date of the loss of employment
had not attained normal retiring age and who had been for a period of not
less than three years immediately preceding the material date continuously
engaged (exclusive of breaks not exceeding in the aggregate six months) for
the whole or part of his time in relevant employment; and for this purpose
the expression “relevant employment” 
includes any period of national service immediately following upon such employment
.
7 

(1) Without prejudice
to any other requirement of these regulations, nothing in these regulations
shall entitle a person to resettlement compensation unless—
(a) he has suffered
loss of employment attributable to any provision mentioned in regulation 4 of these regulations—

(i) not later
than 31st March 1975 where the loss of employment is attributable to any provision
of the Act; and
(ii) not later
than ten years after the material date in any other case;
(b) he has made
his claim for resettlement compensation in accordance with the provisions
for making claims set out in Part VII
of these regulations not later than thirteen weeks after the loss of employment
which is the cause of his claim;
(c) the loss of
employment which is the cause of his claim has occurred for some reason other
than misconduct or incapacity to perform such duties as immediately before
the loss he was performing or might reasonably have been required to perform;
and
(d) he has not,
subject to paragraph (3) of this regulation, been offered any reasonably comparable
employment under the Crown or in the service of a local authority or local
valuation panel.
(2) In ascertaining
for the purposes of this regulation whether a claimant has been offered employment
which is reasonably comparable with the employment which he has lost no account
shall be taken of the fact that the duties of the employment offered are in
relation to the administration of a different service from that in connection
with which his employment was held or are duties which involve a transfer
of his employment from one place to another within England or Wales.
(3) No account shall
be taken for the purposes of this regulation of an offer of employment which
a claimant has refused before the coming into operation of these regulations
or of any offer of employment where the compensating authority are satisfied—

(a) that acceptance
would have involved undue hardship to the claimant, or
(b) that the claimant
was prevented from accepting the offer by reason of ill-health or other circumstances
beyond his control.
8 

(1) Subject to the
provision of paragraph (2) of this regulation, resettlement compensation payable
to a person to whom this Part of these regulations applies shall for each
week for which such compensation is payable be a sum ascertained by taking
two thirds of the weekly rate of the net emoluments which the claimant has
lost and deducting therefrom such of the following items as may be applicable:—

(a) unemployment,
sickness or injury benefit under any Act relating to National Insurance 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 the net emoluments received by him in respect of such week from work or
employment undertaken in place of the employment which he has lost;
(c) any periodical
payment to which he is entitled in respect of such week by virtue of any pension
scheme to which he was subject in relation to the employment which he has
lost.
(2) In determining
the amount of resettlement compensation the compensating authority shall have
regard to any payments to which the claimant becomes entitled in consequence
of the loss of his employment under any contract or arrangement with the authority
by whom he was employed (other than payments by way of a return of contributions
under a pension scheme).
(3) For the purposes
of this regulation the weekly rate of a claimant's net emoluments shall be
deemed to be seven three hundred and sixty-fifths of those emoluments.
9 
Subject as hereinafter provided, resettlement compensation to a
person to whom this Part of these regulations applies shall be payable in
respect of the period of thirteen weeks next succeeding the week in which
he lost the employment in respect of which his claim has been made or, in
the case of a claimant who has attained the age of forty-five years, the said
thirteen weeks extended by one additional week for every year of his age after
attaining the age of forty-five years and before the date of the loss of employment,
subject to a maximum addition of thirteen such weeks.
10 
Every claimant for resettlement compensation shall (after as well
as before the compensation begins to be paid)—
(a) forthwith supply
the compensating authority in writing with particulars of any employment which
he obtains or of any change in his earnings from any such employment, and

(b) if the compensating
authority so requires, so long as he is out of employment and is not receiving
sickness or injury benefit, register with the Ministry of Labour.
11 
Resettlement compensation shall be payable to a claimant at intervals
equivalent to those at which the emoluments of his employment were previously
paid or at such other intervals as may be agreed between the claimant and
the compensating authority and shall forthwith be terminated by the compensating
authority—
(a) if without reasonable
cause the claimant fails to comply with any of the provisions of regulation 10 of these regulations,
or
(b) if, on being requested
to do so, he fails to satisfy the compensating authority that, so far as he
is able, he is seeking suitable employment.
PART IV
12 

(1) The compensating
authority shall, subject to the provisions of these regulations—
(a) consider and
determine the entitlement to long-term and retirement compensation of every
person to whom this and the next succeeding Part of these regulations apply
who claims such compensation and in relation to whom the conditions set out
in the next succeeding regulation are satisfied, and
(b) pay the amount
of any compensation so determined.
(2) This Part and Part V of these regulations apply
to a person who had been for a period of not less than eight years immediately
preceding the material date continuously engaged (without a break of more
than twelve months at any one time) for the whole or part of his time in relevant
employment (which expression for this purpose includes any period of national
service immediately following such employment), and who at the date of the
loss of employment or loss or diminution of emoluments had not, save as is
provided in regulation 29
of these regulations, attained normal retiring age.
13 

(1) Without prejudice
to any other requirement of these regulations, nothing in these regulations
shall entitle a person to long-term or retirement compensation unless—

(a) he has suffered
loss of employment or loss or diminution of emoluments attributable to any
provision mentioned in regulation 4
of these regulations—
(i) not later
than 31st March 1975 where the loss or diminution is attributable to any provision
of the Act; or
(ii) not later
than ten years after the material date in any other case;
(b) he has made
his claim for compensation in accordance with the provisions for making claims
set out in Part VII
of these regulations not later than two years after the loss or diminution
which is the cause of the claim; and
(c) if the cause
of the claim for compensation is loss of employment—
(i) his employment
was terminated for some reason other than misconduct or incapacity to perform
such duties as immediately before the loss he was performing or might reasonably
have been required to perform; and
(ii) he has
not been offered any reasonably comparable employment under the Crown or in
the service of a local authority or local valuation panel.
(2) 
Regulation 7(2) and (3) of these regulations
as to offers of employment shall apply for the purposes of this regulation.

(3) Claims for long-term
and retirement 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.
14 

(1) For the purpose
of determining whether long-term or retirement compensation for loss or diminution
of emoluments should be paid to a claimant, and if so the amount of the compensation
(subject to the limits set out in these regulations), 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 the employment which he has lost, including in
particular its security of tenure, whether by law or by practice;
(b) the emoluments
and other conditions, including security of tenure, whether by law or practice,
of any work or employment undertaken by the claimant in place of the employment
he has lost;
(c) the extent
to which he has sought suitable employment and the emoluments which he might
have acquired by accepting other suitable employment 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, or payable to him otherwise than
under these regulations in respect of the loss or diminution, whether by reason
of any service agreement or contract or otherwise howsoever;
(e) the amount
of any benefit to which he is immediately entitled by virtue of any pension
scheme associated with the employment which he has lost; and
(f) all the other
circumstances of his case:Provided that no
account shall be taken of the fact that a claimant entered the employment
which he has lost or the emoluments of which have been diminished—
(a) 
after 31st July 1963, where the loss or diminution was attributable to any
provision of the Act, or
(b) 
after the making of any instrument under the Act, where the loss or diminution
was attributable to any provision of that instrument.
(2) In ascertaining
for the purposes of sub-paragraph (c) of
the last foregoing paragraph whether a person has been offered suitable employment, regulation 7(3) of these regulations
shall apply as it applies for the purposes of that regulation.
15 

(1) In the case of
a person to whom this Part of these regulations applies, long-term compensation
for loss of emoluments shall, subject to the provisions of these regulations,
be payable until normal retiring age or death, whichever first occurs, and
shall not exceed a maximum annual sum calculated in accordance with the provisions
of paragraphs (2), (3) and (4) of this regulation.
(2) The said maximum
annual sum shall, subject as hereinafter provided, be the aggregate of the
following sums, namely—
(a) for every year
of the claimant's reckonable service, one sixtieth of the net emoluments he
has lost; and
(b) in the case
of a claimant who has attained the age of forty years at the date of the loss,
a sum calculated in accordance with the provisions of paragraph (3) of this
regulation appropriate to his age at that date:Provided that the
said maximum annual sum shall in no case exceed two thirds of the net emoluments
which the claimant has lost.
(3) The sum referred
to in sub-paragraph (b) of the last foregoing
paragraph shall be—
(a) in the case
of a claimant who has attained the age of forty years but has not attained
the age of fifty years at the date of the loss, the following fraction of
the net emoluments he has lost—
(i) where the
claimant's reckonable service is less than ten years, one sixtieth for each
year of such service after attaining the age of forty years; or
(ii) where
the claimant's reckonable service amounts to ten years but is less than fifteen
years, one sixtieth for each year of such service after attaining the age
of forty years and one additional sixtieth; or
(iii) where
the claimant's reckonable service amounts to fifteen years but is less than
twenty years, one sixtieth for each year of such service after attaining the
age of forty years and two additional sixtieths; or
(iv) where
the claimant's reckonable service amounts to twenty years or more, one sixtieth
for each year of such service after attaining the age of forty years and three
additional sixtieths;but the sum so calculated shall not in any case exceed one sixth
of the said net emoluments;
(b) in the case
of a claimant who has attained the age of fifty years but has not attained
the age of sixty years at the date of the loss, one sixtieth of the said net
emoluments for each year of the claimant's reckonable service after attaining
the age of forty years, up to a maximum of fifteen such years; and
(c) in the case
of a claimant who has attained the age of sixty years at the date of the loss,
one sixtieth of the said net emoluments for each year of the claimant's reckonable
service after attaining the age of forty-five years.
(4) Where a person
has become entitled to a superannuation benefit, by way of annual amounts
under a pension scheme associated with the employment which he has lost, the
maximum annual sum referred to in paragraph (1) of this regulation shall be
the maximum sum calculated under paragraph (2) of this regulation as if the
superannuation benefit had not been payable, less the amount of the benefit.

(5) Where a sum is
payable under this regulation in respect of any period and resettlement compensation
has also been paid in respect of that period, the said sum shall be limited
to the amount (if any) by which it exceeds the resettlement compensation paid
as aforesaid.
(6) Compensation awarded
under this regulation shall be payable at intervals equivalent to those at
which the emoluments of his employment were previously paid or at such intervals
as may be agreed between the claimant and the compensating authority.
16 
In the case of a person to whom this Part of these regulations
applies long-term compensation for diminution of emoluments in respect of
any employment shall be awarded and paid 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 or at such other intervals as may be agreed between the claimant
and the compensating authority, and shall, subject to the provisions of these
regulations, be payable until normal retiring age or death, whichever first
occurs; 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 15
of these regulations had the claim been made under that regulation, the same
ratio as the amount by which his net emoluments have been diminished (calculated
as an annual amount) bears to the amount of his net emoluments, so however,
that no compensation shall be payable if this ratio is less than 2½
per cent.
17 

(1) Long-term compensation
shall commence to be payable with effect from the date of the claim or from
such earlier date as is mentioned in the succeeding provisions of this regulation.

(2) Where a claim for
long-term compensation is duly made within thirteen weeks of the occurrence
of the loss or diminution which is the subject of the claim, the award shall
be made retrospective to the date on which the loss or diminution occurred.

(3) Where a claim for
long-term compensation is made after the expiry of the period mentioned in
the last foregoing paragraph, the award may at the discretion of the compensating
authority be made retrospective to a date not earlier than thirteen weeks
prior to the date on which the claim was made:Provided that if the
compensating authority are satisfied that the failure to make the claim within
the period mentioned in the last foregoing paragraph was due to ill-health
or other circumstances beyond the claimant's control the award may be made
retrospective to a date not earlier than that on which the loss or diminution
occurred.
PART V
18 

(1) Where a pensionable
officer to whom this Part of these regulations applies, before attaining what
would have been his normal retiring age—
(a) becomes
incapacitated in circumstances in which if he had continued in the employment
he has lost he would have become entitled to a pension under the pension scheme
to which he was subject in that employment; or
(b) attains
the age which, had he continued to serve in the employment he has lost, would
have been his minimum pensionable age,he shall be entitled on the happening of either event to claim
in lieu of any compensation to which he would otherwise be entitled under
these regulations—
(i) in the
case mentioned in head (a) of this paragraph,
an annual sum equal to the amount of his accrued incapacity pension and a
lump sum equal to the amount of his accrued incapacity retiring allowance
(if any); and
(ii) in the
case mentioned in head (b) of this paragraph,
an annual sum equal to the amount of his accrued pension and a lump sum equal
to the amount of his accrued retiring allowance (if any):Provided that—
(i) if in calculating the amount of compensation payable to a person
who has made such claim as aforesaid, the compensating authority, by virtue
of regulation 23(2)
of these regulations, have credited him with additional years of service or
an additional period of contribution, no account shall be taken for the purpose
of the foregoing provision of any additional years or period beyond the number
of years which he could have served, had he not lost his employment, before
the date on which the claim was received by the compensating authority; and
(ii) if by reason of any provision of the relevant pension scheme for
a minimum benefit the amount of any such pension or retiring allowance is
in excess of that attributable to the claimant's actual service, no account
shall be taken for the purpose of the foregoing provision of any such additional
years or period except to the extent (if any) by which they exceed the number
of years represented by the difference between the claimant's actual service
and the period by reference to which the minimum benefit has been calculated;
and(iii) if the number of years by reference to which an accrued incapacity
pension or an accrued incapacity retiring allowance is to be calculated is
less than any minimum number of years of qualifying service prescribed by
the relevant pension scheme, the amount of such pension or retiring allowance
shall, notwithstanding any minimum benefit prescribed by the pension scheme,
not exceed such proportion of such minimum benefit as the number of years
of pensionable service bears to the minimum number of years of qualifying
service.
(2) On receipt
of a claim under the last preceding paragraph, the compensating authority
shall consider forthwith whether the claimant is a person to whom that paragraph
applies, and within thirteen weeks after the date of the receipt of the claim—

(a) if they
are satisfied that he is not such a person, they shall notify him in writing
accordingly, and
(b) if they
are satisfied that he is such a person, they shall assess the amount of compensation
payable to the person, and notify him in writing accordingly,and any such notification shall, for the purposes of these regulations,
be deemed to be a notification by the authority of a decision on a claim to
compensation.
(3) If a claimant
wishes to receive compensation under this regulation, he shall so inform the
compensating authority in writing within one month from the receipt of a notification
under the last preceding paragraph or, where the claim has been the subject
of an appeal, from the decision of the tribunal thereon; and the compensation
shall be payable as from the date on which the compensating authority received
the claim.
(4) A compensating
authority may require any such person as is mentioned in paragraph (1)(a) of this regulation, who makes a claim under that
paragraph, to submit himself to a medical examination by a registered medical
practitioner selected by that authority, and, if they do so, they shall also
offer the person an opportunity of submitting a report from his own medical
adviser as a result of an examination by him, and the authority shall take
that report into consideration, together with the report of the medical practitioner
selected by them.
19 

(1) If a pensionable
officer to whom this Part of these regulations applies has suffered loss of
employment after attaining the age of fifty years and so requests the compensating
authority by notice in writing, he shall be entitled as from the date on which
the compensating authority receive such notice, in lieu of any compensation,
other than resettlement compensation, to which he would otherwise be entitled
under these regulations, to an annual sum equal to the amount of his accrued
pension and a lump sum equal to the amount of his accrued retiring allowance
(if any):Provided that—

(i) 
in calculating the amount of the compensation payable to a person who has
given such notice as aforesaid no account shall be taken of any additional
years of service or period of contribution credited to the person under regulation 23(2) of these regulations,
and
(ii) 
where the officer has claimed long-term compensation, the said notice shall
be given not later than two years after the determination of the claim or,
where the determination is reviewed under regulation 35(3)
of these regulations, not later than two years after any such review.
(2) Regulation 18(2) of these regulations
shall apply in relation to a notice given under the last foregoing paragraph
as it applies to a claim made under paragraph (1)
of that regulation.
(3) Where an annual
sum is payable under this regulation in respect of any period and resettlement
compensation is also payable in respect of that period, the said annual sum
shall be limited to the amount (if any) by which it exceeds the resettlement
compensation payable as aforesaid.
20 

(1) Subject to
the provisions of these regulations, when a pensionable officer to whom this
Part of these regulations applies reaches normal retiring age, the retirement
compensation payable to him for loss of emoluments shall be—
(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 (if any).
(2) Compensation
shall not be payable under this regulation to a claimant who is entitled to
compensation under regulation 18 or 19
of these regulations.
21 
The provisions of regulations 18
and 20
of these regulations shall apply to a pensionable officer to whom this Part
of these regulations applies and who has suffered a diminution of his emoluments,
but the sums payable to such an officer in the circumstances mentioned in
those regulations shall be sums which bear to the sums which would have been
payable thereunder had the claim been in respect of loss of employment the
same ratio as the amount by which the claimant's net emoluments have been
diminished (calculated as an annual rate) bears to the amount of his net emoluments:

Provided that no compensation
shall be payable if this ratio is less than 2½ per cent.
22 
Where a pensionable officer after suffering
loss of employment or diminution of emoluments, enters employment in which
he is subject to a pension scheme and thereafter becomes entitled to reckon
for the purposes of that scheme any service or period of contribution which
falls to be taken into account for the purpose of assessing the amount of
any retirement compensation payable to him, no retirement compensation shall
be payable unless the annual rate of the emoluments to which he was entitled
immediately before such loss or diminution exceeds the annual rate on entry
of the emoluments of the new employment by more than 2½ per cent. of
such first mentioned emoluments, and any retirement compensation payable to
him shall, in so far as it is calculated by reference to remuneration, be
calculated by reference to the difference between the said annual rates:
Provided that this regulation
shall not operate to increase the amount of any retirement compensation payable
in respect of diminution of emoluments beyond the amount which would have
been payable if the officer had attained normal retiring age immediately before
he ceased to hold the employment in which he suffered the diminution of emoluments.

23 

(1) An officer
entitled to retirement compensation under regulation 18, 19 or 20
of these regulations shall pay to the compensating authority an amount equal
to any sum which was paid to him by way of return of super-annuation contributions,
whether with or without interest, after ceasing to be employed and the compensating
authority may at the request of the officer repay that amount to him at any
time before he becomes entitled as aforesaid, but if that amount is not paid
to the compensating authority, or is repaid by them to the officer, the compensation
shall be reduced by an annual amount the capital value of which is equal to
the amount of the said super-annuation contributions.
(2) If the claimant
had attained the age of forty years at the date on which he lost his employment
or suffered a diminution of his emoluments, the compensating authority in
calculating the amount of the retirement compensation payable to him shall
credit him with additional years of service or an additional period of contribution
on the following basis, namely—
(a) two years,
whether or not the claimant has completed any years of service after attaining
the age of forty years, and
(b) two years
for each of the first four completed years of the claimant's reckonable service
between the date when he attained the age of forty years and the date of the
loss or diminution, and
(c) one year
for each such year of service after the fourth,but the additional years of service or period of contribution so
credited shall not exceed the shortest of the following periods, namely—

(i) such number
of years as, when added to his pensionable service, would amount to the maximum
period of such service which would have been reckonable by him had he continued
in his employment until attaining normal retiring age, or
(ii) the
number of years of the claimant's reckonable service, or
(iii) fifteen
years;and in calculating the amount of any retirement compensation payable
to the claimant any period so added shall be aggregated with any years of
service or period of contribution entailing reduction of the relevant pension
or retiring allowance in connection with the passing of the National Insurance Act 1946.

(3) When retirement
compensation is awarded or when an award is reviewed under regulation 35 of these regulations
the additional compensation payable in consequence of any years of service
or period of contribution credited to a claimant under the last foregoing
paragraph may be reduced or withheld as the compensating authority may think
reasonable having regard to the pension scheme (if any) attaching to any further
employment obtained by the claimant.
(4) If under the
pension scheme to which the claimant was last subject before suffering loss
of employment or diminution of emoluments the amount of any benefit to which
he might have become entitled might have been increased at the discretion
of the authority administering the pension scheme or of any other body, the
compensating authority may increase, to an extent not exceeding that to which
his accrued pension, accrued retiring allowance, accrued incapacity pension
or accrued incapacity retiring allowance might have been increased or supplemented,
the corresponding component of any retirement compensation payable to him;
and in this connection the compensating authority shall have regard to the
terms of any relevant resolutions of an authority with regard to the increase
of benefits and to the provisions of any instrument under the Act protecting
the interests of the claimant.
(5) If under the
pension scheme to which he was last subject before suffering loss of employment
or diminution of emoluments, the claimant would have been entitled to surrender
a proportion of any pension which might have become payable to him in favour
of his spouse or any dependant, then, if he so desires and informs the compensating
authority by notice in writing accordingly within one month after becoming
entitled to retirement compensation under these regulations, he may surrender
a proportion of so much of the said compensation as is payable by way of an
annual sum on the like terms and conditions and in consideration of the like
payments by the compensating authority as if the said annual sum were a pension
to which he had become entitled under the said pension scheme.
(6) In calculating
for the purposes of regulation 18, 19 or 20
of these regulations the amount of the annual sum which is equal to a claimant's
accrued pension no account shall be taken of any reduction falling to be made
in that pension in connection with the passing of the National Insurance Act 1946 or
the National Insurance Act 1959
until the claimant reaches the age at which under the pension scheme to which
he was subject before losing his employment the pension would have been so
reduced.
(7) In paragraph
(2) of this regulation the expression “reckonable service” includes any period of employment of which account has been taken
or is required to be taken in calculating the amount of any superannuation
benefit to which a claimant has become entitled.
24 

(1) Payments in
accordance with this and the next two succeeding regulations shall be made
to or for the benefit of the widow, child or other dependant or to the personal
representatives of an officer to whom this Part of these regulations applies.

(2) If the widow,
child or other dependant of the officer might have become entitled to a pension
under the pension scheme to which the officer was last subject before losing
his employment if such loss of employment had not occurred, the widow, child
or other dependant, as the case may be, shall be entitled to receive an annual
sum equal to the prescribed proportion of any retirement compensation by way
of annual amounts payable to the officer under regulation 18, 19 or 20
of these regulations immediately prior to his death or, if he dies before
becoming entitled to receive compensation under any of those regulations,
the prescribed proportion of the compensation by way of annual amounts which
he would have received under regulation 18
of these regulations had he become entitled thereto immediately prior to his
death:Provided that—

(i) 
where any retirement compensation has been surrendered or compounded under regulation 23(5) or regulation 36
of these regulations, any sum payable under this regulation shall be calculated
as if such surrender or compounding had not taken place;
(ii) 
where the pension scheme provides for payment of the pension to any person
on behalf of the child or other dependant, any annual sum payable as aforesaid
to a child or other dependant shall be paid to that person on behalf of the
child or dependant in the like manner and for the like period as is provided
in the pension scheme;
(iii) 
in calculating the sum payable as aforesaid, it shall be assumed that the
retirement compensation payable, or which would have been payable, to an officer
under regulation 18, 19 or 20
of these regulations had been such sum as would have been payable if the accrued
pension or accrued incapacity pension had not been reduced in connection with
the passing of the National Insurance Act 1946
or the National Insurance Act 1959.

(3) Any annual
sum payable to or for the benefit of a widow, child or other dependant under
this regulation shall cease to be payable in any circumstances in which a
corresponding pension under the said pension scheme would have ceased to be
payable.
(4) Except where
any compensation payable to the officer concerned has been reduced under regulation 23(1) of these regulations,
compensation payable under this and the next following regulation shall in
the aggregate be reduced by an amount the capital value whereof is equal to
the amount of any superannuation contributions returned to the officer and
either not paid to the compensating authority or repaid by the compensating
authority to the officer, the compensation under each such regulation being
reduced in proportion to the capital value of each amount.
(5) This regulation
shall apply in the case of an officer who has suffered a diminution of emoluments
with the substitution of references to diminution of emoluments for references
to loss of employment, but the annual sum payable to a widow, child or other
dependant of such an officer shall be a sum which bears to the sum which would
have been payable under paragraph (2) of this regulation had the claim been
in respect of loss of employment, the same ratio as the amount by which the
officer's net emoluments have been diminished (calculated as an annual rate)
bears to the amount of his net emoluments:Provided that no
sum shall be payable under this paragraph if this ratio is less than 2½
per cent.
(6) In this regulation “prescribed
proportion” means the proportion
which, under the pension scheme to which the officer was subject immediately
prior to the loss of employment or diminution of emoluments, the pension payable
to a widow, child or other dependant, as the case may be, bears to an officer's
pension.
25 

(1) If the personal
representatives of the officer might have become entitled to a death grant
under the pension scheme to which the officer was last subject before losing
his employment had such loss not occurred, they shall be entitled to receive
a sum calculated in accordance with the provisions of the next succeeding
paragraph, and paragraph (4)
of the last preceding regulation.
(2) The amount
of such sum shall be ascertained in accordance with the method of calculation
prescribed by the pension scheme for the ascertainment of death grant as if
the officer had died immediately before losing his employment, subject to
the following modifications—
(a) except
where the officer had been in receipt of retirement compensation under regulation 19 of these regulations,
account shall be taken of any additional years of service or period of contribution
credited to the officer under regulation 23(2)
of these regulations—
(i) in
the case of an officer who had been in receipt of retirement compensation
under regulation 18
of these regulations, to the extent of the period between the loss of employment
and the date of the claim made under that regulation, and
(ii) 
in any other case, to the extent of the period between the loss of employment
and the officer's death;
(b) if the
number of years of the officer's service or period of contribution is less
than the minimum number of years of qualifying service or period 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 period of contribution
bears to the minimum number of years of qualifying service or period required
by the pension scheme; and
(c) there
shall be deducted from such sum the amount of any retirement compensation
paid to the officer under regulation 18, 19 or 20
of these regulations, or where any part of the compensation has been surrendered
under regulation 23(5)
of these regulations, the amount which would have been so paid but for any
such surrender.
(3) For the purpose
of calculating such death grant an annual sum payable to or for the benefit
of a widow, child or other dependant under the last preceding regulation shall
be deemed to be a pension payable to or for the benefit of the widow, child
or dependant, as the case may be.
(4) This regulation
shall apply in the case of an officer who has suffered a diminution of emoluments
with the substitution of references to diminution of emoluments for references
to loss of employment, but the sum payable to the personal representatives
of such an officer shall be a sum which bears to the sum which would have
been payable under paragraph (1) of this regulation had the claim been in
respect of loss of employment the same ratio as the amount by which the officer's
net emoluments have been diminished (calculated as an annual rate) bears to
the amount of his net emoluments:Provided that no
sum shall be payable to personal representatives under this paragraph if this
ratio is less than 2½ per cent.
26 

(1) If no annual
sum is payable to the widow, child or other dependant under regulation 24 of these regulations
and no sum is payable under the last preceding regulation and the officer
dies before he has received in the aggregate by way of retirement compensation
a sum equivalent to the amount of any contributions repaid by him under regulation 23(1) of these regulations,
together with compound interest thereon calculated at the rate of 3 per cent.
per annum with half-yearly rests up to the date of his death as from the 1st
April or the 1st October following the half year in which the amount was paid,
there shall be paid to his personal representatives the difference between
the aggregate amount received by way of retirement compensation as aforesaid
and the said equivalent sum.
(2) If an annual
sum becomes payable to a widow under regulation 24
of these regulations and on her re-marriage or death the sum ceases to be
payable, and the aggregate amount of the payments which were made to her as
aforesaid, to her husband by way of retirement compensation and to his personal
representatives under regulation 25
of these regulations is less than a sum equivalent to the amount which would
have been payable to the personal representatives under that regulation if
no annual sum had been payable to the widow under the said regulation 24,
there shall be paid to her or her personal representatives the difference
between such aggregate amount and the said equivalent sum.
(3) For the purposes
of this regulation an officer who has surrendered any part of his retirement
compensation under regulation 23(5)
of these regulations shall be deemed to have received during any period the
amount of compensation for that period which he would have received but for
any such surrender.
27 
There shall be deducted from the retirement
compensation payable to any person any additional contributory payments remaining
unpaid at the date when he suffered loss of employment; and any such payments
not recovered at the date of his death shall be deducted from any compensation
payable in respect of the person under regulation 24, 25 or 26
of these regulations.
28 
Where an officer to whom this Part of these
regulations applies, or his widow, child or other dependant or personal representative
has become entitled to any superannuation benefit under a pension scheme associated
with the employment which the officer has lost, the retirement compensation
payable to the officer, or the compensation payable in respect of the officer
under regulations 24, 25 and 26
of these regulations shall be calculated in the first place as if the said
superannuation benefit had not been payable but—
(a) compensation
by way of annual amounts shall be reduced by the annual amount of any such
superannuation benefit as is payable periodically, and
(b) compensation
payable as a lump sum shall be reduced by the amount of any such superannuation
benefit payable as a lump sum.
29 

(1) In the case
of an officer who is not a pensionable officer, the compensating authority
may, on his attaining normal retiring age, if they are satisfied that he would
in the normal course have continued in the employment he has lost for a substantial
period beyond that age, continue to pay compensation to him for the remainder
of his life at half its former rate.
(2) In the case
of an officer who is not a pensionable officer and who suffers loss of employment
on or after attaining normal retiring age, the compensating authority may,
if they are satisfied that he would in the normal course have continued in
the employment he has lost for a further substantial period, pay compensation
to him for the remainder of his life at half the rate to which he would have
been entitled under regulation 15
of these regulations had he not attained normal retiring age at the date on
which he lost his employment.
30 

(1) Except in
relation to any accrued pension, accrued retiring allowance, accrued incapacity
pension or accrued incapacity retiring allowance attributable to service as
a contributory employee or local Act contributor, the provisions of regulations 18, 19, 20 and 21
of these regulations shall not apply to a person who had been participating
in a scheme associated with his employment for providing superannuation benefits
by means of contracts or policies of insurance, and who, after the loss of
his employment or the diminution of his emoluments, continued to participate
in that scheme, or became entitled to a benefit or prospective benefit thereunder
other than a return of contributions.
(2) If the claimant
is such a person as is mentioned in paragraph (1) of this regulation who has
lost his employment, the compensating authority may, if the relevant scheme
so permits, make such payments to or in respect of him, whether by way of
the payment of premiums or otherwise, as will secure that his benefits under
the scheme are increased to an extent actuarially equivalent to that by which
similar amounts of retirement compensation could be increased under regulation 23(2) or (4) of these
regulations.
(3) If the claimant
is such a person as is mentioned in paragraph (1) of this regulation who has
suffered a diminution of his emoluments, the compensating authority may, if
the relevant scheme so permits, make such payments to or in respect of him,
whether by way of the payment of premiums or otherwise, as will secure to
the claimant the like benefits under the scheme as if his emoluments had not
been diminished.
(4) If the claimant
is such a person as aforesaid and he becomes entitled to a benefit under such
a scheme as is mentioned in paragraph (1) of this regulation before reaching
normal retiring age, the compensating authority may reduce any long-term compensation
payable to him under Part IV
of these regulations by the amount of such benefit.
31 
Retirement compensation and other compensation
awarded as annual sums under this Part of these regulations shall be payable
at intervals equivalent to those at which the corresponding benefit would
have been payable under the pension scheme to which the claimant was subject
prior to the loss of employment or diminution of emoluments or at such other
intervals as may be agreed between the recipient and the compensating authority.

PART VI
32 

(1) Where any
period of service of which account was taken in calculating the amount of
any compensation payable under Part IV or V
of these regulations is also taken into account for the purpose of calculating
the amount of any superannuation benefit payable to or in respect of the officer
in accordance with a pension scheme associated with an employment undertaken
subsequent to the loss of employment or diminution of emoluments which was
the subject of the claim for compensation, the compensating authority may
adjust the compensation in accordance with this regulation by withholding
or reducing the amount of compensation payable in respect of any period for
which such a superannuation benefit is being received.
(2) If the part
of any superannuation benefit by way of annual amounts which is attributable
to a period of service mentioned in paragraph (1) of this regulation equals
or exceeds the part of any compensation by way of annual amounts which is
attributable to the same period, that part of the compensation may be withheld,
but if such part of the superannuation benefit is less than such part of the
compensation, the compensation may be reduced by an amount not exceeding such
part of the superannuation benefit.
(3) In the case
of a death benefit payable to the personal representatives of the officer,
the sum payable to the personal representatives under regulation 25 of these regulations
may be reduced by an amount not greater than the proportion of the death benefit
which the period of service mentioned in paragraph (1) of this regulation
bears to the total period of service of which account was taken in the calculation
of the death benefit.
(4) In addition
to any reduction authorised by paragraph (2) or (3) of this regulation, if,
in the circumstances mentioned in paragraph (1) of this regulation, compensation
by way of annual amounts is attributable in part to any provision of the relevant
pension scheme for a minimum benefit, the compensation may be reduced by an
amount not exceeding that part.
(5) Where any
additional years of service or period of contribution have been credited to
a claimant under regulation 23(2)
of these regulations, if the number of such years or such period is equal
to or less than the period spent in the subsequent employment mentioned in
paragraph (1) of this regulation, the compensation by way of annual amounts
may be reduced (in addition to any other reduction authorised by this regulation)
by an amount not exceeding that attributable to the additional years or period
so credited, or if the number of such years or such period is greater than
the period spent in the subsequent employment, by such proportion of that
amount as the period spent in the subsequent employment bears to the number
of additional years or the period so credited.
(6) Where compensation
has been calculated in accordance with regulation 22
of these regulations, the provisions of this regulation shall apply only in
relation to such part (if any) of the superannuation benefit as is attributable
to annual emoluments in excess of those to which the officer was entitled
on entering the new employment referred to in the said regulation 22.
(7) Where compensation
is payable in respect of diminution of emoluments, the provisions of this
regulation shall apply only in relation to such part (if any) of the superannuation
benefit as is attributable to annual emoluments in excess of those to which
the officer was entitled immediately prior to the diminution.
33 
If under the pension scheme to which a person
was subject before losing his employment or suffering a diminution of emoluments
any benefit for which the scheme provided would have been subject to reduction
or suspension on his taking up other specified employment, any retirement
compensation to which the person is entitled for loss of employment or diminution
of emoluments shall, where such employment is taken up, be reduced or suspended
in the like manner and to the like extent.
34 
Where—
(a) a pensionable
officer after suffering loss of employment or diminution of emoluments enters
any employment referred to in regulation 22
of these regulations or becomes entitled to any superannuation benefit on
ceasing to hold such employment, or
(b) a person
entitled to long-term compensation enters employment the remuneration whereof
is payable out of public funds, or ceases to hold such employment, or receives
any increase in his remuneration in such employment, or
(c) a person
entitled to retirement compensation enters employment in which the compensation
is subject to reduction or suspension under regulation 33
of these regulations, or ceases to hold such employment, or receives any increase
in his remuneration in such employment,
he shall forthwith inform the compensating authority in
writing of that fact.
35 

(1) The compensating
authority shall, within a period of two years after the date on which any
decision on a claim for long-term or retirement compensation for loss of employment
(other than compensation payable under regulation 19
of these regulations) is notified to a claimant under regulation 37 of these regulations,
review their decision or, where the claim has been the subject of an appeal,
the decision of the tribunal at intervals of not more than six months, and
these regulations shall apply in relation to any such review as they apply
in relation to the initial determination of the claim; and on such review,
in the light of any material change in the circumstances of the case, compensation
may be awarded, or compensation previously awarded may be increased, reduced
or discontinued, subject to the limits set out in these regulations.
(2) The claimant
may require the compensating authority to carry out the review mentioned in
the last foregoing paragraph at any time within the period of two years mentioned
in that paragraph if he considers that there has been a change in the circumstances
of his case which is material for the purposes of these regulations.
(3) The compensating
authority shall carry out a review in accordance with paragraph (1) of this
regulation, notwithstanding the expiration of the period mentioned in that
paragraph if—
(a) the emoluments
of employment or work undertaken in place of the employment which has been
lost had been taken into account in determining the amount of any compensation
awarded, and
(b) such
employment or work has been lost or the emoluments thereof reduced otherwise
than by reason of misconduct or incapacity to perform such duties as the claimant
might reasonably have been required to perform, and
(c) the compensating
authority is satisfied that such loss or reduction is causing hardship to
the claimant,and where any decision is so reviewed, the decision shall be subject
to further review in accordance with paragraph (1) of this regulation as if
the review carried out under this paragraph had been the initial determination
of the claim.
(4) Paragraphs
(1) and (2) of this regulation shall apply in relation to any decision on
a claim for long-term or retirement compensation in respect of diminution
of emoluments as they apply in respect of any decision mentioned in the said
paragraph (1):Provided that—

(i) 
no review shall take place after the date on which the claimant ceases to
hold the employment in which his emoluments were diminished, except a review
as at that date; and
(ii) 
while the claimant continues to hold that employment there shall be no limit
to the period within which a review may take place.
(5) Notwithstanding
anything contained in the foregoing provisions of this regulation, the compensating
authority shall review a decision (whether of the authority or the tribunal)
on a claim for long-term compensation for loss of employment or diminution
of emoluments after the expiration of any period within which a review is
required to be made if at any time—
(a) the claimant is engaged in employment (hereinafter referred to as
his 
“current employment”) the remuneration whereof
is payable out of public funds and which he has undertaken in place of the
employment he has lost or, as the case may be, the employment in which his
emoluments were diminished, and
(b) the aggregate
of the net emoluments of his current employment and the long-term compensation
payable to him exceed the net emoluments of the employment he has lost or,
as the case may be, the amount of his net emoluments prior to their diminution,
and the authority shall thereafter further review such decision
whenever the net emoluments of the claimant's current employment are increased;
but if on any such review the compensation is reduced, it shall not be reduced
below the amount by which the net emoluments of the claimant's current employment
fall short of the net emoluments of the employment he has lost or, as the
case may be, the amount of his net emoluments prior to their diminution.
(6) The compensating
authority shall give to a claimant not less than fourteen days notice of any
review to be carried out under this regulation otherwise than at his request.

(7) Nothing in
this regulation shall preclude the making of any adjustment of compensation
required by regulation 32 or 33
of these regulations.
36 

(1) In a case
where an annual sum which has been or might be awarded under these regulations
does not exceed £26, the compensating authority may, at their discretion,
compound their liability in respect thereof by paying a lump sum equivalent
to the capital value of the annual sum, and if any lump sum payment has been
or might be awarded in addition to such annual sum under 
regulation 18, 19, 20 or 21 of these regulations,
the compensating authority may likewise discharge their liability in respect
thereof by an immediate payment.
(2) In any other
case the compensating authority may, if the person who has been awarded long-term
or retirement compensation requests them to do so 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 up to one quarter of their liability to make
payments under the award (other than payments to a widow, child or other dependant
under regulation 24
of these regulations) by the payment of an equivalent amount as a lump sum
or, where any compensation has been awarded as a lump sum, by increasing that
compensation to such equivalent amount; and in calculating for this purpose
the liability of the authority to make payments, account shall be taken of
the annual value of lump sum payments of compensation.
(3) The making
of a composition under paragraph (2) of this regulation in relation to an
award of long-term or retirement 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 VII
37 

(1) Every claim for
compensation under these regulations and every request for a review of an
award of long-term or retirement compensation shall be made in accordance
with the provisions of this regulation.
(2) Every such claim
and request shall be made to the compensating authority in a form approved
by the Minister for the purpose and shall state whether any other claim for
compensation has been made by the claimant under these regulations.
(3) Resettlement compensation
shall be claimed separately from any other form of compensation claimable
under these regulations.
(4) The compensating
authority shall consider any such claim or request in accordance with the
relevant provisions of these regulations and shall notify the claimant in
writing of their decision—
(a) in the case
of a claim for resettlement compensation, not later than one month after the
receipt of the claim, and
(b) in the case
of a claim for, or request for the review of an award of, compensation under Part IV or Part V of these regulations,
not later than thirteen weeks after the receipt of the claim or request, and

(c) in any other
case, as soon as may be after the decision.
(5) Every notification
of a decision by the compensating authority (whether granting or refusing
compensation or reviewing an award, or otherwise affecting any compensation
under these regulations) shall contain a statement—
(a) giving reasons
for the decision;
(b) showing how
any compensation has been calculated and, in particular, if the amount is
less than the maximum which could have been awarded under these regulations,
showing the factors taken into account in awarding that amount; and
(c) directing
the attention of the claimant to his right, if he is aggrieved by the decision,
to refer the matter to the tribunal, and giving him the address of the office
to which the reference should be sent.
38 

(1) Any person claiming
or receiving compensation or whose award of compensation is being reviewed
shall furnish all such information as the compensating authority or the tribunal
may at any time reasonably require; and shall verify the same in any such
manner, including the production of books or of original documents in his
possession or control, as may be reasonably so required.
(2) Any such person
as aforesaid shall, on receipt of reasonable notice, present himself for interview
at any such place as the compensating authority or the tribunal may reasonably
require.
(3) Any person who
attends for interview as aforesaid may, if he so desires, be represented by
his adviser.
39 

(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 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 the purposes of these regulations to be the claimant, and the relevant
provisions of these regulations shall be construed accordingly:Provided that the compensating
authority may in any such case extend the period within which a claim is required
to be made by regulation 7
or 13
of these regulations.
40 

(1) For the purpose
of determining the amount of any compensation payable in respect of the loss
of an office to which, or of any two or more offices to which in the aggregate,
an officer devoted substantially the whole of his time, any previous period
of part-time employment shall be treated as though it were whole-time employment
for a proportionately reduced period.
(2) For the purpose
of making any calculation under these regulations in respect of the reckonable
service of an officer, all periods of such service shall be aggregated, and
if the aggregated service includes a fraction of a year, that fraction shall,
if it equals or exceeds six months, be treated as a year, and in any other
case be disregarded.
41 
In calculating for the purposes of these regulations the amount
of any emoluments lost, or the amount by which any emoluments have been diminished,
on or after 1st April 1965, and in determining the net emoluments, the accrued
pension or the accrued retiring allowance of any officer who has suffered
such a loss or diminution, no account shall be taken of any increase or decrease
in the amount of the officer's emoluments which is attributable to any sum
paid or reduction made under Article 4
of the London
Authorities (Interim Action) Order 1964, or of any increase in such amount which
is attributable to any temporary allowance granted in consequence of the Act
and otherwise than in the ordinary course of his employment.
42 
In ascertaining for the purposes of these regulations whether,
and how far, the remuneration of alternative employment falls short of emoluments
which have been lost where those emoluments were payable in respect of two
or more part-time employments, the remuneration of the alternative employment
or of the aggregate of two or more such employments shall be apportioned in
the proportion which the emoluments of the part-time employments bore to each
other.
43 

(1) Subject to any
statutory provision in that behalf, any compensation to which an officer becomes
entitled under these regulations shall be paid by the compensating 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 by a compensating authority shall be recoverable
as a debt due from the authority.
44 

(1) Every claimant
who is aggrieved by any decision of the compensating authority with respect
to compensation under these regulations or by any failure on the part of the
compensating authority 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 the tribunal.
(2) Reference of a
matter to the tribunal as aforesaid by a claimant shall be made in writing.

(3) On receipt of
such a reference, the tribunal shall consider and determine the matter in
accordance with the provisions of these regulations and the compensating authority
shall give effect to the decision of the tribunal with any modifications that
may be required in consequence of any appeal from the decision on a point
of law.
(4) On any such reference
the tribunal may if it thinks fit, appoint a person having special knowledge
or experience in relation to the subject matter of the reference to sit with
the tribunal as an assessor.
45 
Any sums paid to a compensating authority under regulation 23(1) of these regulations
in respect of returned contributions shall, except in so far as they are repaid
to the officers concerned, be applied for the payment of compensation which
the authority are liable to pay under Part V
of these regulations.
Given under the official seal of the Minister of Housing and
Local Government on 10th December 1964.
R. H. S. Crossman
Minister of Housing and Local Government
