
PART I
1 
These Regulations may be cited as the Clerks of the Peace and Justices'
Clerks (Compensation) Regulations 1965 and shall come into operation on 1st
April 1965.
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 office, 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 Regulation 23(2)
of these Regulations) 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 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 whose pension
would have been calculated by reference to remuneration in the office of clerk
of the peace or deputy clerk of the peace and to remuneration as an officer
of a local authority, account shall be taken only of that part of the pension
which would have been calculated by reference to his remuneration in the office
of clerk of the peace or deputy clerk of the peace;
 “accrued retiring allowance”
 in relation to a 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 (modified where necessary in accordance with Regulation 23(2) of these Regulations)
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
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 whose lump sum
payment would have been calculated by reference to remuneration in the office
of clerk of the peace or deputy clerk of the peace and to remuneration as
an officer of a local authority, account shall be taken only of that part
of the lump sum payment which would have been calculated by reference to his
remuneration in the office of clerk of the peace or deputy clerk of the peace;

 “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 office by reason of permanent ill-health or
infirmity of mind or body;
 “the Act of 1933” means the Local Government Act 1933;

 “the Act of 1958” means the Local Government Act 1958;

 “the Act of 1964” means the Administration of Justice Act
1964;
 “added years” in relation
to a contributory employee or local Act contributor who suffers loss of office,
means any additional years of service reckonable by
him in his office immediately prior to the loss in question under Regulation 12
of the Local
Government Superannuation (Benefits) Regulations 1954 or 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;

 “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 office 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 made under section 2 of the Superannuation (Miscellaneous Provisions) Act
1948;
 “contributory employee”
 and “local Act contributor” have the same meanings as in the Local Government Superannuation Act 1937;

 “determining authority”
 means—
(a) in relation to an officer who after being transferred
from one authority to another authority under the Act of 1933, the Act of
1958 or the Act of 1964, as the case may be, has suffered loss of office or
loss or diminution of emoluments—
(i) where the office in respect of which a claim arises was that of
clerk of the peace or deputy clerk of the peace for any borough, the paying
authority;
(ii) where the office in respect of which a claim arises was that of
clerk of the peace or deputy clerk of the peace for any county or for one
of the London commission areas or a justices' clerk, the authority under whom
the officer was last employed prior to the loss or diminution;
(iii) where the office in respect of which a claim arises consisted
of assisting a holder of the office of clerk of the peace or deputy clerk
of the peace for any county in the performance of the duties of his office
and was in the service of the council of that county, the paying authority;

(iv) where the office in respect of which a claim arises consisted of
assisting a holder of the office of clerk of the peace, deputy clerk of the
peace or justices' clerk in the performance of the duties of his office but
was not employment falling within sub-paragraph (iii) of this paragraph, the
authority which would be the determining authority if the claim were in respect
of that office;
(v) in any other case, the paying authority;
(b) in relation to an officer not transferred as aforesaid
who has suffered loss of office or loss or diminution of emoluments, such
authority as is mentioned in paragraph (a)
of this definition with respect to the office concerned or, if that authority
has ceased to exist, such other authority as the Secretary of State may determine;

 “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 office, but does not include
payments for overtime, other than payments which are a usual incident of his
office, 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 office; and
 “net emoluments” means—
(a) in relation to an office which has been lost or in
which an officer has suffered a diminution of emoluments, the annual rate
of the emoluments of that office 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 office, except any periodical
sum payable in respect of additional contributory payments;
(b) in relation to any other office, the annual rate of the emoluments
of that office 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 office:

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;
 “justices' clerk” includes a clerk to a stipendiary magistrate, a clerk to a metropolitan
stipendiary court and a clerk to the justices of a liberty;
 “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;

 “London commission areas”
 has the same meaning as in the Act of
1964;
 “long-term compensation” means compensation payable in accordance with the provisions of Part IV of these Regulations for
loss of office or loss or diminution of emoluments;
 “material date” in relation
to any person who has suffered loss of office or loss or diminution of emoluments
means—
(a) where the loss or diminution is attributable
to any provision of the Act of 1964, 1st April 1965;
(b) where the loss or diminution is attributable to the provisions
of any order or scheme made under Part VI
of the Act of 1933 or of any order made under Part II
of the Act of 1958 or of any instrument made under the Act of 1964, the date
on which the order, scheme or instrument was made, or such other date or dates
as may be specified therein for all or any of the purposes of these Regulations;
and
(c) where the loss or diminution is attributable to the fact of the
clerk of a county council's becoming or, as the case may be, ceasing to be
clerk of the peace for the county, the date on which that fact occurred;
 “minimum pensionable age”
 means, in relation to a pensionable
officer, the earliest age at which, under the pension scheme associated with
the office he has lost or the emoluments of which have been diminished, he
could have become entitled to a pension other than pension payable in consequence
of his incapacity to discharge efficiently the duties of his office by reason
of permanent ill-health or infirmity of mind or body;
 “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 clerk of the peace, deputy clerk of the peace or 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 office he has lost or the emoluments of which
have been diminished or by virtue of the conditions of that office, that age,
and in any other case—
(a) in relation to a person claiming compensation
in respect of the office of justices' clerk, the age of seventy years, and

(b) in relation to any other person, the age of sixty-five years if
the officer is a male, or sixty years if the officer is a female;
 “office” includes
employment, and the expression “officer” shall be construed accordingly;
 “paying authority” means—
(a) in relation to an officer who after being transferred
from the service of one authority to the service of another authority under
the Act of 1933, the Act of 1958 or the Act of 1964, as the case may be, has
suffered loss of office or loss or diminution of emoluments—
(i) where the office in respect of which a claim arises was that of
clerk of the peace, deputy clerk of the peace for any county or one of the
London commission areas or justices' clerk, the authority by whom the officer's
emoluments were last paid prior to the loss or diminution;
(ii) where the office in respect of which a claim arises was that of
deputy clerk of the peace for any borough, the authority which would be the
paying authority if the claim were in respect of the office of clerk of the
peace for that borough;
(iii) where the office in respect of which a claim arises consisted of
assisting a holder of the office of clerk of the peace, deputy clerk of the
peace or justices' clerk, the authority which would be the paying authority
if the claim were in respect of that office; and
(iv) in any other case, the authority by whom the officer's emolument
were last paid prior to the loss or diminution; and
(b) in relation to an officer not transferred as aforesaid
who suffers loss of office or loss or diminution of emoluments, such authority
as is mentioned in paragraph (a) of this
definition with respect to the office concerned or, if that authority has
ceased to exist, such other authority as the Secretary of State may determine;

 “pensionable officer”
in relation to an officer who has suffered loss of office 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 office;
 “pension scheme” means a scheme for the payment of superannuation benefits to a person
as part of the terms and conditions of any office 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;
 “relevant employment”
means employment in any of the following offices or
employments, that is to say:—
(a) clerk of the peace,
(b) deputy clerk of the peace,
(c) justices' clerk,
(d) employment in assisting the holder of an office mentioned in any
of the foregoing paragraphs of this definition in the performance of the duties
of that office,
(e) service as collecting officer or in the employment of a collecting
officer,
(f) employment under the Crown or in the service of a local authority
in Great Britain,
(g) employment by any authority or body for the purposes of the Crown
or of local government in Great Britain,
(h) employment under any officer employed as mentioned in paragraph
(f) or (g)
of this definition for the purposes of the functions of the employing authority
or body,
(i) employment preceding any of the foregoing offices or employments
which was reckonable for the purposes of any pension scheme associated with
the office which has been lost, or
(j) such other employment as the Secretary of State 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 office 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 authority or person by whom the holder of that employment
was appointed or employed.
(2) In relation to a
justices' clerk who before the coming into operation of section 19
of the Justices
of the Peace Act 1949 was a collecting officer
of any court, any emoluments in respect of his services as collecting officer
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.

(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 Secretary
of State for the purposes of these Regulations.
(4) The holder of the
office of clerk of the peace, deputy clerk of the peace or justices' clerk
shall, for the purposes of these Regulations, be regarded as employed in that
office, and the expression “employment” shall be construed accordingly.

(5) Unless the context
otherwise requires, references in these Regulations to the provisions of any
enactment, rule, regulation, order or scheme shall be construed as references
to those provisions as amended or re-enacted by any subsequent enactment,
rule, regulation, order or scheme.
(6) 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) Subject to paragraph
(2) of this Regulation, these Regulations shall apply to any person who, immediately
before the material date, is—
(a) either for the
whole or for a part only of his time, the holder of the office of clerk of
the peace, deputy clerk of the peace or justices' clerk, or
(b) the holder of
employment in which substantially the whole of his time was devoted to assisting
a holder of the office of clerk of the peace or deputy clerk of the peace
in the performance of the duties of his office, or
(c) either for the
whole or a part only of his time, the holder of employment in assisting a
holder of the office of justices' clerk in the performance of the duties of
his office, or
(d) either for the
whole or a part only of his time, the holder of employment under a standing
joint committee for a county, not being a person falling within sub-paragraphs
(a) to (c)
above, orwould have been the holder of any office or employment mentioned
in sub-paragraphs (a) to (
d) above at that time but for any national service on which he
was then engaged.
(2) In relation to any
holder of the office of clerk of the peace or deputy clerk of the peace of
a borough, these Regulations shall not apply to him in his capacity as an
officer of a local authority.
4 
Subject to the provisions of these Regulations, every person to
whom these Regulations apply and who suffers loss of office or loss or diminution
of emoluments which is attributable to—
(a) the provisions of
any order or scheme made under Part VI
of the Act of 1933; or
(b) the provisions of
any order made under Part II
of the Act of 1958; or
(c) any provision of
the Act of 1964 or of any instrument made thereunder; or
(d) the fact of the
clerk of a county council's becoming or, as the case may be, ceasing to be
clerk of the peace for the county,
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, immediately before the material
date, the holder of the office of clerk of the peace, deputy clerk of the
peace or justices' clerk or employed in assisting the holder of any such office
in the performance of the duties of that office 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 determining
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 any reasonably comparable
office (whether in the administration of the same or a different service),
of loss of office;
(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 office, of diminution
of emoluments.
(2) The loss of office
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 office.
PART III
6 

(1) The determining
authority shall, subject to the provisions of these Regulations, 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.
(2) This Part of these
Regulations applies to a person who at the date of the loss of office 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 office attributable to any provision or fact mentioned in Regulation 4 of these Regulations
not later than ten years after the material date;
(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 office
which is the cause of his claim;
(c) the loss of
office 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, in the case of
a person holding the office of clerk of the peace, deputy clerk of the peace
or justices' clerk, any reasonably comparable employment in the office of
clerk of the peace, deputy clerk of the peace or justices' clerk or under
the Crown or in the service of a local authority or, in the case of a person
employed in assisting the holder of the office of clerk of the peace, deputy
clerk of the peace or justices' clerk, any reasonably comparable employment
as aforesaid or in assisting the holder of the office of clerk of the peace,
deputy clerk of the peace or justices' clerk.
(2) In ascertaining
for the purposes of this Regulation whether a claimant has been offered employment
which is reasonably comparable with that 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 office 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, in the case of a claim in respect
of loss of office or loss or diminution of emoluments which is attributable
to any provision of the Act of 1964 or to any instrument made under that Act,
of an offer of employment which a claimant has refused before the coming into
operation of these Regulations or, in any case, of an offer of employment
where the determining 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 office 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 office which he has lost.

(2) In determining
the amount of resettlement compensation the determining authority shall have
regard to any payments to which the claimant becomes entitled in consequence
of the loss of his office under any contract or arrangement with the authority
by whom he was appointed or 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 office in respect of which his claim has been made or, in the
case of 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 office 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 determining authority in writing with particulars of any work or employment
which he obtains or of any change in his earnings from any such work or employment,
and
(b) if the determining
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 office were previously
paid or at such other intervals as may be agreed between the claimant and
the paying authority and shall forthwith by terminated by the determining
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 determining authority
that, so far as he is able, he is seeking suitable employment.
PART IV
12 

(1) The determining
authority shall, subject to the provisions of these Regulations, 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.
(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 office 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 office or loss or diminution of emoluments attributable to any provision
or fact mentioned in Regulation 4
of these Regulations not later than ten years after the material date;
(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 office—
(i) his office
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, in the case of a person holding the office of clerk of the
peace, deputy clerk of the peace or justices' clerk, any reasonably, comparable
employment in the office of clerk of the peace, deputy clerk of the peace
or justices' clerk or under the Crown, or in the service of a local authority
or, in the case of a person employed in assisting the holder of the office
of clerk of the peace, deputy clerk of the peace or justices' clerk any reasonably
comparable employment as aforesaid or in assisting the holder of the office
of clerk of the peace, deputy clerk of the peace or justices' clerk.
(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 office 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 office 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 office
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 office 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 undertook the office which
he has lost or the emoluments of which have been diminished—
(i) 
after 10th June 1964, where the loss or diminution is attributable to any
provision of the Act of 1964, or
(ii) 
after the making of any order or scheme made under Part VI of the Act of 1933 or
of any order made under Part II
of the Act of 1958 or of any instrument made under the Act of 1964, where
the loss or diminution was attributable to the provisions of that Order, scheme
or instrument, or
(iii) 
after proposals had been made leading to the clerk of a county council's becoming,
or as the case may be, ceasing to be clerk of the peace for the county, where
the loss or diminution was attributable thereto.
(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 office 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 office were previously paid or at such intervals
as may be agreed between the claimant and the paying 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 office 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 office are or were previously
paid or at such other intervals as may be agreed between the claimant and
the paying 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 Regulations.

(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 with effect from 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 determining
authority be made with effect from a date not earlier than thirteen weeks
prior to the date on which the claim was made:Provided that, if the
determining 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
with effect from 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 office he has lost he
would have become entitled to a pension under the pension scheme to which
he was subject in that office; or
(b) attains the
age which, had he continued to serve in the office 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 or accrued
incapacity retiring allowance 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 determining 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 office, before the date on which
the claim was received by the determining 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 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 determining 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 determining
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 determining authority received the
claim.
(4) A determining 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
office after attaining the age of fifty years and so requests the determining
authority by notice in writing, he shall be entitled as from the date on which
the determining 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 office 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 office 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 increas e 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 office 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 paying authority an amount equal to
any sum which was paid to him by way of return of superannuation contributions,
whether with or without interest, after ceasing to be in office and the paying
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 paying 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 superannuation contributions.
(2) If the claimant
had attained the age of forty years at the date on which he lost his office
or suffered a diminution of his emoluments, the determining 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 office 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 determining 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 office
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 determining 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 determining authority shall have regard to the provisions of any enactment
or instrument protecting the interests of the claimant.
(5) If under the pension
scheme to which he was last subject before suffering loss of office 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 determining 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 paying 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 office the pension would have been so reduced.

(7) In paragraph (2)
of this Regulation the expression “reckonable service” includes any period of office 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 representative
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 office if such loss of office 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 paying authority or repaid by the paying 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 office, 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 office, 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 office 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
representative 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 office had such loss not occurred, he 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 office, 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 office 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 office 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 office, but the sum payable to the personal representative 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 office 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 a personal representative 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 representative 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
representative under Regulation 25
of these Regulations is less than a sum equivalent to the amount which would
have been payable to the personal representative 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 representative 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 office; 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 office which the officer has lost, the retirement compensation payable
to the officer, or the compensation payable in respect of the officer under Regulation 24, 25 or 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 receiving long-term compensation for loss of office who is not a pensionable
officer, the determining authority may, on his attaining normal retiring age,
if they are satisfied that he would in the normal course have continued in
the office he has lost for a substantial period beyond that age, determine
that compensation shall continue to be paid 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 office on
or after attaining normal retiring age, the determining authority may, if
they are satisfied that he would in the normal course have continued in the
office he has lost for a further substantial period, determine that compensation
shall be paid 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 office.
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 determining authority may, if the relevant scheme
so permits, determine that such payments shall be made 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 determining authority may, if
the relevant scheme so permits, determine that such payments shall be made
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 determining 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
office or diminution of emoluments or at such other intervals as may be agreed
between the recipient and the paying 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 office or diminution of emoluments which was the
subject of the claim for compensation, the determining authority may adjust
the compensation in accordance with this Regulation by determining that the
amount of compensation payable in respect of any period for which such superannuation
benefit is being received shall be withheld or reduced.
(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 representative of the officer, the
sum payable to the personal representative 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 office 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 office 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 determining authority in writing
of that fact.
35 

(1) The determining
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 office
(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 determining 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 determining
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 office 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 determining
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 office in which his emoluments were diminished, except a review as
at that date; and
(ii) 
while the claimant continues to hold that office 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 determining
authority shall review a decision (whether of the authority or the tribunal)
on a claim for long-term compensation for loss of office 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 office he has lost or, as the case may be, the office 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 office 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 office he has lost or, as the case
may be, the amount of his net emoluments prior to their diminution.
(6) The determining
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 determining authority may, at their discretion,
determine that the liability of the paying authority in respect thereof shall
be compounded by payment of 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 determining authority may likewise determine that
the liability of the paying authority in respect thereof shall be discharged
by an immediate payment.
(2) In any other case
the determining authority may, if the person who has been awarded long-term
or retirement compensation request 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, determine that up to one quarter of the liability of
the paying authority to make payment under the award (other than payments
to a widow, child or other dependant under Regulation 24
of these Regulations) shall be compounded 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 paying 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 determining authority in a form approved
by the Secretary of State 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 determining
authority shall consider any such claim or request in accordance with the
relevant provisions of these Regulations and shall notify the claimant and,
if it is not the paying authority, the paying authority in writing of any
decision made under these Regulations—
(a) in the case
of a claim for resettlement compensations, 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 determining 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 and supplementary information as the determining
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 determining 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 determining
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 office shall be treated as though it were whole-time office 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 ascertaining for the purposes of these Regulations whether,
and how far, the remuneration of alternative work or employment falls short
of emoluments which have been lost where those emoluments were payable in
respect of two or more part-time offices, the remuneration of the alternative
work or employment or of the aggregate of all such work or employment shall
be apportioned in the proportion which the emoluments of the part-time offices
bore to each other.
42 

(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 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 by a paying authority shall be recoverable as
a debt due from the authority.
(3) Any sum payable
as compensation to a person by the Receiver for the metropolitan police district
as paying authority shall be paid out of the metropolitan police fund.
43 

(1) Every claimant
who is aggrieved by any decision of the determining authority with respect
to compensation under these Regulations or by any failure on the part of the
determining authority to notify him or, if it is not the paying authority,
the paying authority 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) Every paying authority
which is not the determining authority and which is aggrieved by any decision
of the determining authority with respect to compensation under these Regulations
may, within three months of the notification to it of the decision, refer
the matter to the tribunal.
(3) Reference of a
matter to the tribunal as aforesaid by a claimant or paying authority shall
be made in writing.
(4) On receipt of
such a reference, the tribunal shall consider and determine the matter in
accordance with the provisions of these Regulations and the paying 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.
(5) 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.
44 
Any sums paid to a paying 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.
Frank Soskice
One of Her Majesty's Principal Secretaries of State
Home Office, Whitehall
18th March 1965