
PART I
1 
These Regulations shall apply to any person who—
(a) was serving immediately
before the material date as a regular fireman, or
(b) would have been so
serving at that time but for any national service on which he was then engaged.

2 
Subject to the provisions of these Regulations, every person to
whom these Regulations apply and who suffers loss of employment as a regular
fireman or loss or diminution of emoluments which is attributable to the provisions—

(a) of any order made
under Part II
of the Act or under Part VI
of the Act of 1933, or
(b) of the Act of 1963
or of any instrument made thereunder,
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.
3 

(1) Where any person
to whom these Regulations apply would have been serving immediately before
the material date as a regular fireman 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 as a regular fireman in his former rank or
in any reasonably comparable employment, 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 to serve as a regular fireman in his former rank,
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 to serve as a
regular fireman in his former rank.
PART II
4 

(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 the age of compulsory retirement 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
.
5 

(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 such provisions as are mentioned in Regulation 2 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 VI
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.
(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 employment offered is not employment in
a fire brigade or the duties thereof 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 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.
6 

(1) 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 pension
to which he is entitled under the Firemen's Pension Scheme in respect of such
week.
(2) 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.
7 
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 ceased to serve as a regular fireman 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 he ceased so to serve subject to a maximum addition
of thirteen such weeks.
8 
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.
9 
Resettlement compensation shall be payable to a claimant at intervals
equivalent to those at which his emoluments as a regular fireman 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 8 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 III
10 

(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 IV 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 attained the
age of compulsory retirement.
11 

(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 as a regular fireman or loss or diminution of emoluments
attributable to such provisions as are mentioned in Regulation 2 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 VI
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 as a regular fireman—

(i) he suffered
such loss 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.
(2) 
Regulation 5(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.
12 

(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
applicable to the employment as a regular fireman which the claimant has lost;

(b) the conditions
applicable to the work or employment undertaken by him in place of that employment
as a regular fireman;
(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 award, otherwise than by way of repayment of aggregate contributions,
to which he is entitled under the Firemen's Pension Scheme; and
(e) all the other
circumstances of his case:Provided that no
account shall be taken of the fact that a claimant became a regular fireman
in the fire brigade in which he was serving immediately before the material
date, or would have been so serving but for any national service on which
he was then engaged—
(i) 
in the case of a person affected by an order under the Act or the Act of 1933,
after proceedings had been commenced which led to the order being made;
(ii) 
in the case of a person affected by an instrument under the Act of 1963, after
the making of the instrument;
(iii) 
in the case of a person affected by the Act of 1963, otherwise than by an
instrument made thereunder, after 31st July 1963.
(2) For the purposes
of the last foregoing paragraph—
(a) a reference
to the conditions applicable to any work or employment shall be construed
as a reference to all the conditions of service applicable thereto, by law
or practice, including, in particular, those relating to emoluments and security
of tenure; and
(b) paragraph (3) of Regulation 5
of these Regulations shall apply as it applies for the purposes of that Regulation.

13 

(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 the age of compulsory retirement 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 pension under the Firemen's Pension Scheme, the maximum
annual sum referred to in paragraph (1) of this Regulation shall be the maximum
sum calculated in accordance with paragraph (2) of this Regulation, but as
if the pension had not been payable, less the annual amount of that pension.

(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 claimant's emoluments as a regular fireman were previously paid
or at such intervals as may be agreed between him and the compensating authority.

14 
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 the age of compulsory retirement 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 13
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.
15 

(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 IV
16 

(1) Subject as hereinafter
provided, where a person to whom this Part of these Regulations applies who
has not attained the age of compulsory retirement would, if he had continued
to serve as a regular fireman, have become entitled to retire with an ordinary
or ill-health pension under the Firemen's Pension Scheme, he shall become
entitled to claim, in lieu of any compensation to which he would otherwise
be entitled under these Regulations, compensation calculated in accordance
with paragraph (2) of this Regulation.
(2) Compensation payable
to a person in accordance with this Regulation shall, subject as hereinafter
provided, be payable at an annual rate equal to that of—
(a) the ordinary
or ill-health pension to which he would have become entitled as aforesaid,
calculated by reference to his average pensionable pay (or, where appropriate,
his pensionable pay) immediately before he ceased to serve as a regular fireman;
or
(b) his notional
pension calculated in accordance with Regulation 21
of these Regulations,whichever is the less.
(3) On receipt of a
claim under paragraph (1) of this Regulation, the compensating authority shall
consider forthwith whether the claimant is a person to whom that paragraph
applies, and within three months 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.
(4) 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.
(5) In the case of
a person who claims, for the purposes of paragraph (1) of this Regulation,
that he would, if he had continued to serve as a regular fireman, have become
entitled to retire with an ill-health pension under the Firemen's Pension
Scheme, the compensating authority may require him 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.
(6) If the compensating
authority so agree, in the case of a person who would have become entitled
to retire with an ordinary pension, as aforesaid, if his notice of retirement
were given with the permission of the fire authority, it shall be assumed
for the purposes of this Regulation that he would have obtained such permission.

(7) If the compensating
authority so agree, in the case of a person in whose case the Firemen's Pension
Scheme had effect subject to the modifications set out in section 27(3)
of the Fire
Services Act 1947, no account shall be taken,
for the purposes of this Regulation, of any modification which has the effect
that—
(a) a person's
entitlement to a pension is conditional on the chief officer of the fire brigade
concerned giving a certificate that he has served with zeal and fidelity,
or
(b) the grant of
a pension may be refused on account of misconduct or on account of any of
the grounds on which the pension, if granted, would be liable to be forfeited
or withdrawn.
17 

(1) If a person 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 compensation calculated in accordance with paragraph (2) of this Regulation:
Provided that where he
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 28(3)
of these Regulations, not later than two years after any such review.
(2) Compensation payable
to a person in accordance with this Regulation shall be payable at an annual
rate equal to that at which an ill-health pension would have been payable
under the Firemen's Pension Scheme had he retired with such a pension when
he ceased to serve as a regular fireman.
(3) Regulation 16(3) of these Regulations
shall apply in relation to a notice given under paragraph (1) of this Regulation
as it applies to a claim made under Regulation 16(1).

(4) 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.
18 

(1) Subject to the
provisions of these Regulations, where a person to whom this Part of these
Regulations applies reaches the age of compulsory retirement, the retirement
compensation payable to him for loss of emoluments shall be payable at an
annual rate equal to that of his notional pension calculated in accordance
with Regulation 21
of these Regulations.
(2) Compensation shall
not be payable under this Regulation to a claimant to whom 
Regulation 16 or 17 of these Regulations has
been applied.
19 
The provisions of Regulations 16
and 18
of these Regulations shall apply to a person to whom this Part of these Regulations
applies and who has suffered diminution of emoluments, but the sums payable
to such a person 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.
20 

(1) This Regulation
shall apply to a person who, after suffering loss of employment or diminution
of emoluments as a regular fireman, enters employment in which he is subject
to a pension scheme and thereafter becomes entitled to reckon service for
the purposes of that scheme by virtue of any pensionable service which is
taken into account for the purpose of any award or notional award, under the
Firemen's Pension Scheme, by reference to which the amount of any retirement
compensation payable to him falls to be assessed.
(2) No retirement compensation
for loss of employment or diminution of emoluments shall be payable to a person
to whom this Regulation applies 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.
(3) Subject to Regulation 26 of these Regulations,
any retirement compensation for loss of employment or diminution of emoluments
payable to a person to whom this Regulation applies shall be payable at the
rate at which compensation for loss of employment would be payable—

(a) in the case
of any retirement compensation, if for the purpose of calculating any pension
or notional pension under the Firemen's Pension Scheme by reference to which
it falls to be assessed, his average pensionable pay (or, where appropriate,
his pensionable pay) had been of an amount corresponding to the difference
between the two rates referred to in the preceding paragraph; and
(b) in the case
of retirement compensation for diminution of emoluments, if Regulation 19 of these Regulations
had not been made:Provided that retirement
compensation for diminution of emoluments shall not by virtue of this paragraph
be payable to a person at an annual rate in excess of that of the retirement
compensation which would have been payable under Regulation 19
had this Regulation not been made and had the person reached the age of compulsory
retirement when he ceased to hold the employment in which he suffered diminution.

21 

(1) The notional pension
referred to in Regulations 16
and 18
of these Regulations is one payable at an annual rate at which an ill-health
pension would have been payable under the Firemen's Pension Scheme to the
person concerned—
(a) if he had retired
with such a pension on the date on which he lost employment as a regular fireman
or suffered diminution of emoluments; and
(b) in the case
of a person who had attained the age of forty years at that date, if, in addition
to the pensionable service reckonable under the Firemen's Pension Scheme,
he had been entitled to reckon an additional period of pensionable service
in accordance with paragraph (2) of this Regulation and had served as a regular
fireman for that period.
(2) The additional
period of pensionable service referred to in the preceding paragraph shall
be a period of two years together with—
(a) a further two
years for each of the first four completed years of the person's reckonable
service between the date when he attained the age of forty years and the date
of the loss or diminution; and
(b) a further year
for each completed year of such service after the four:Provided that the
additional period of pensionable service shall not exceed the shortest of
the following periods, namely—
(i) 
the period for which the person would have served as a regular fireman after
the date of the loss or diminution had he continued so to serve until he attained
the age of compulsory retirement,
(ii) 
his period of reckonable service, or
(iii) 
fifteen years.
(3) For the purposes
of the preceding paragraph the expression “reckonable service” includes any period of service or employment which has been taken
into account for the purposes of any award under the Firemen's Pension Scheme
to which the person concerned has become entitled.
22 

(1) A person entitled
to retirement compensation under Regulation 16, 17 or 18
of these Regulations shall pay to the compensating authority an amount equal
to any award by way of repayment of aggregate contributions received by him
under the Firemen's Pension Scheme on ceasing to be a regular fireman but,
where he has made the said payment to the compensating authority before becoming
entitled to retirement compensation as aforesaid, that authority may, at his
request before he becomes so entitled, refund the payment to him; and if the
said payment is not made to the compensating authority, or is refunded by
them, the compensation shall be reduced by an annual amount the capital value
of which is equal to the amount of the said award under the Firemen's Pension
Scheme.
(2) In the case of
a person who undertook, for the purposes of the Firemen's Pension Scheme,
to make payments by regular instalments in respect of previous service, the
compensating authority shall be empowered to deduct the balance of the sum
outstanding under the undertaking when he ceased to serve as a regular fireman,
if any, from any payments to him of retirement compensation.
(3) The provisions
of the Firemen's Pension Scheme relating to the allocation of a pension, that
is to say to the surrender by a regular fireman of a portion of his pension
in favour of his wife or such other person as is substantially dependent on
him, shall, subject to any necessary modifications have effect in relation
to any retirement compensation as they have effect in relation to an ordinary
or ill-health pension under the Firemen's Pension Scheme; and without prejudice
to the generality of the preceding provisions of this paragraph—
(a) where before
the date of the loss or diminution a regular fireman has, under the Firemen's
Pension Scheme, allocated an ordinary pension and the allocation has taken
effect, the said provisions shall apply as if the retirement compensation
were an ordinary pension; and
(b) the said provisions
shall apply as if any reference to the fire authority included a reference
to the compensating authority and as if any reference to retirement included
a reference to a person becoming entitled to retirement compensation.
(4) Where a pension
or notional pension under the Firemen's Pension Scheme by a reference to which
any retirement compensation falls to be assessed would, under that Scheme,
be reduced in respect of any period beyond the age of sixty-five years, the
retirement compensation shall be re-assessed on the person attaining that
age, account being taken of the said reduction.
(5) Where a person
to whom retirement compensation is payable is in employment in which he is
subject to a pension scheme, then, as the compensating authority may think
reasonable having regard to the said pension scheme, they may on awarding,
or reviewing under Regulation 28
of these Regulations, that compensation reduce or withhold so much thereof
as is attributable to the provisions of Regulation 1(1)(b)
of these Regulations.
(6) Where a person
to whom retirement compensation is payable is, for any period, in such employment
that if a pension were payable to him under the Firemen's Pension Scheme the
fire authority would be empowered to withdraw the whole or any part of the
pension the compensating authority shall have the like power to withdraw the
compensation.
(7) Where a person
dies while in receipt of retirement compensation, then if the aggregate of—

(a) the sums paid
in respect of that compensation, or the sums which would have been so paid
but for the provisions of paragraph (3) of this Regulation; and
(b) the capital
value of any compensation payable under Regulation 23
of these Regulations in respect of his death,is less than his aggregate contributions for the purposes of the
Firemen's Pension Scheme, there shall be paid to his estate the difference
by way of adjustment of the amount of the retirement compensation.
23 

(1) Where a person
dies after suffering loss of employment as a regular fireman, the like payments
shall be made to or for the benefit of his widow or child, by way of compensation,
as would have been payable, by way of pension or allowance under the Firemen's
Pension Scheme—
(a) if he had retired
with a pension under that Scheme on the date on which he lost employment as
a regular fireman; and
(b) in the case
of a person who had attained the age of forty years on that date, other than
a person who became entitled to retirement compensation under Regulation 17 of these Regulations,
if in addition to the pensionable service reckonable under the Firemen's Pension
Scheme he had been entitled to reckon the additional period of pensionable
service mentioned in Regulation 21(2)
of these Regulations:Provided that the
said payments by way of compensation shall not, by reason of sub-paragraph
(b) of this paragraph, exceed those which
would have been payable by way of pension or allowance under the Firemen's
Pension Scheme, calculated by reference to the person's average pensionable
pay (or, where appropriate, his pensionable pay) immediately before he ceased
to serve as a regular fireman, if he had continued to serve as such until
he died.
(2) Where a person
dies after suffering diminution of emoluments, the preceding paragraph shall
apply with the substitution of references to diminution of emoluments for
references to loss of employment if the compensation calculated in accordance
therewith is assessed by reference to the person's average pensionable pay
(or, where appropriate, his pensionable pay), but the compensation payable
shall be that proportion of the compensation so calculated which the amount
by which the person's net emoluments have been diminished (calculated as an
annual amount) bears to the amount of his net emoluments:Provided that no compensation
shall be payable in accordance with this paragraph if the said proportion
is less than 2½ per cent.
(3) Compensation payable
in accordance with this Regulation shall be payable on the like conditions
in all respects as a widow's pension or, as the case may be, a child's allowance
under the Firemen's Pension Scheme and, accordingly, the provisions of that
Scheme (including any provision for the commutation of a pension or allowance
for a gratuity) shall apply, subject to any necessary modifications, in relation
to such compensation as they apply in relation to such a pension or allowance.

(4) Except where retirement
compensation payable to the deceased person has been reduced under Regulation 22(1) of these Regulations,
the payments by way of compensation under this Regulation shall, in the aggregate,
be reduced by an amount the capital value whereof is equal to the amount of
any award by way of repayment of aggregate contributions received by him under
the Firemen's Pension Scheme and either not paid to the compensating authority
in accordance with the said Regulation 22(1) or refunded to him by that authority;
and, where payments under this Regulation are made to or for the benefit of
two or more persons, the said reduction shall be apportioned between those
payments according to the capital value thereof.
(5) In this and the
next following Regulation the expression “child” 
has the same meaning as in the Firemen's Pension Scheme and related expressions
shall be construed accordingly.
24 

(1) Where compensation
under this Part of these Regulations is payable to a person who has lost employment
as a regular fireman or to or for the benefit of his widow or child and a
pension or allowance under the Firemen's Pension Scheme is also so payable,
the annual amount of the compensation shall be abated by the annual amount
of the corresponding pension or allowance.
(2) For the purposes
of this Regulation, where a pension has been reduced under the provisions
of the Firemen's Pension Scheme—
(a) relating to
the allocation of a portion of a pension and mentioned in Regulation 22(3) of these Regulations,
or
(b) relating to
the commutation of a portion of pension for a lump sum,the annual amount of that pension shall be deemed to be the annual
amount which would have been payable but for the said reduction.
(3) For the purposes
of this Regulation no account shall be taken of a pension payable to a widow
or child under the Firemen's Pension Scheme by reason of the allocation by
the husband or father of a portion of his pension.
25 
Retirement compensation and other compensation awarded as annual
sums under this Part of these Regulations shall be payable in advance at intervals
equivalent to those at which the corresponding award under the Firemen's Pension
Scheme would have been payable or at such other intervals as may be agreed
between the recipient and the compensating authority.
PART V
26 

(1) This Regulation
shall apply to a person who, after suffering loss of employment as a regular
fireman or diminution of emoluments, enters employment in which he is subject
to a pension scheme and thereafter a superannuation benefit becomes payable
to or in respect of him under that scheme for the purposes of which service
is reckonable—
(a) by virtue of
any reckonable service by reference to which any long-term compensation payable
to him falls to be assessed; or
(b) by virtue of
any pensionable service which is taken into account for the purposes of any
award or notional award under the Firemen's Pension Scheme, by reference to
which the amount of any retirement compensation or compensation payable on
death, payable to or in respect of him, falls to be assessed.
(2) The compensating
authority may adjust the long-term compensation, retirement compensation or
compensation payable on death, as the case may be, payable to or in respect
of a person to whom this Regulation applies, by withholding or reducing the
compensation in accordance with this Regulation, in respect of any period
for which the benefit mentioned in the preceding paragraph is payable.
(3) If the part of any
superannuation benefit by way of annual amounts which is attributable to a
period of service reckonable as mentioned in paragraph (1) of this Regulation
equals or exceeds the part of any compensation which is attributable to the
reckonable or pensionable service so mentioned, 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.
(4) Where retirement
compensation is payable to a person to whom this Regulation applies who had
attained the age of forty years at the date of loss of employment or diminution
of emoluments, then, if the compensation is assessed by reference to his notional
pension calculated in accordance with Regulation 21
of these Regulations, the compensation may be reduced by that part thereof
as is attributable to the additional period of pensionable service referred
to in paragraph (2)
of the said Regulation or by so much of that part as appears appropriate to
the compensating authority, having regard to—
(a) the proportion
that additional period of pensionable service bears to the period of subsequent
employment mentioned in paragraph (1) of this Regulation; and
(b) the provisions
under which service is reckonable for the purposes of the relevant pension
scheme as mentioned in paragraph (1)(b)
of this Regulation.
(5) Where compensation
has been calculated in accordance with Regulation 20
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 person concerned was
entitled on entering the new employment referred to in the said Regulation
20.
(6) 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 person concerned was entitled immediately prior to the diminution.
27 
Where—
(a) a person after suffering
loss of employment or diminution of emoluments enters any employment referred
to in Regulation 20(1)
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 by virtue of which the compensation
may be withdrawn under Regulation 22(5)
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.
28 

(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
as a regular fireman (other than compensation payable under Regulation 17 of these Regulations)
is notified to a claimant under Regulation 30
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 he 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—
(a) 
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
(b) 
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 as a regular fireman 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 employment as a regular fireman, and
(b) the aggregate
of the net emoluments of his current employment and the long-term compensation
payable to him exceed his net emoluments as a regular fireman or, as the case
may be, the amount of those 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 his net emoluments as a regular fireman or, as the case may
be, the amount of those 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 any other provision of these Regulations.
29 

(1) In a case where
compensation which has been or might be awarded under these Regulations does
not exceed £26 a year, 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.
(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 or child under Regulation 23 of these Regulations)
by the payment of an equivalent amount as a lump sum.
(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 VI
30 

(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 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 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 III or Part IV 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.
31 

(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 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.
32 

(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 5
or 11
of these Regulations.
33 
For the purpose of making any calculation under these Regulations
in respect of a person's reckonable service, 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.
34 

(1) Subject to any
statutory provision in that behalf, any compensation under these Regulations
shall be paid by the compensating authority and (except in the case of compensation
payable in accordance with Regulation 23(3)
of these Regulations) 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.
35 

(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.
36 
Any payment made by a person to a compensating authority under Regulation 22(1) of these Regulations,
by reason that he has received an award by way of repayment of aggregate contributions
under the Firemen's Pension Scheme, shall, except in so far as it has been
refunded to him, be applied to the payment of compensation which the authority
are liable to pay under Part IV
of these Regulations.
PART VII
37 

(1) In these Regulations,
unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, that is to say:—
 “age of compulsory retirement”
 means, in relation to a regular fireman,
the age at which he would become liable to be required to retire on account
of age under the Firemen's Pension Scheme;
 “the Act” means the Local Government Act 1958;

 “the Act of 1933” means the Local Government Act;

 “the Act of 1963” means the London Government Act 1963;

 “compensating authority”
 means—
(a) in relation to any person or class of persons
affected by an order under Part II
of the Act or Part VI
of the Act of 1933, the authority designated by the order as the compensating
authority for the purposes of the application of these Regulations in relation
to that person or class of persons;
(b) in relation to any person or class of persons affected
by the Act of 1963 or of any instrument made thereunder, the fire authority
by whom he was last employed prior to his loss of employment or loss or diminution
of emoluments;
 “emoluments” means all salary, wages, fees and other payments paid or made to a person,
for his own use, and by virtue of his employment, 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 employment as a regular fireman which
has been lost or in which a person has suffered a diminution of emoluments,
the annual rate of the person's emoluments as a regular fireman immediately
before such loss or diminution, less the pension contributions payable by
him under the Firemen's Pension Scheme; 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;
 “Firemen's Pension Scheme”
 means the Scheme from time to time in
force under section 26
of the Fire
Services Act 1947;
 “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, 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 III
of these Regulations for loss of employment or loss or diminution of emoluments
;
 “material date” means—
(a) in relation to any person affected by an order under Part II of the Act or Part VI of the Act of 1933 or
by an instrument under the Act of 1963, the date on which the order or instrument
was made or such other date or dates as may be specified in the order or instrument
in relation to him for all or any of the purposes of these Regulations;
(b) in relation to any person affected by the Act of 1963, otherwise
than by an instrument made thereunder, 1st April 1965;
 “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, and, in relation to a regular fireman, service otherwise than as a
member of a fire brigade maintained under the Fire Services Act 1947
which is pensionable under the Firemen's Pension Scheme;
 “office” includes any place, situation or employment and the
expression 
“officer” shall be construed
accordingly;
 “pensionable pay” and “average
pensionable pay” have the same
meanings, respectively, as in the Firemen's Pension Scheme;
 “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;

 “pensionable service” has the same meaning as in the Firemen's Pension Scheme;

 “reckonable service”
in relation to a person means any period of whole-time
employment and the proportionate part of any period of 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;

 “regular fireman” means a member of a fire brigade of a class prescribed by the Firemen's
Pension Scheme for the purposes of section 2
of the Fire
Services Act 1951;
 “relevant employment”
means employment—
(a) under the Crown or in the service of a local
authority 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 Secretary of State may, in
the case of any named officer, approve;
 “resettlement compensation”
 means compensation payable in accordance
with Part II 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 16, 17,18 or 19
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) The following
persons shall be deemed for the purposes of these Regulations to be officers
of 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 a capital value is to be assigned to an annual
amount, the capital value shall be calculated by the Government Actuary.
(4) 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.
(5) The Interpretation Act 1889
shall apply to the interpretation of these Regulations as it applies to an
Act of Parliament.
38 
These Regulations may be cited as the Fire Services (Compensation)
Regulations 1965 and shall come into operation on 1st April 1965.
Frank Soskice
One of Her Majesty's Principal Secretaries of State
Home Office, Whitehall
22nd March 1965