
PART I
1 
These Regulations may be cited as the Coroners (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” has the meaning assigned to it by Regulation 26(2)
of these Regulations;
 “the Act of 1926” means the Coroners (Amendment) Act 1926
;
 “the Act of 1933” means the Local Government Act 1933;

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

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

 “compensating authority”
 means—
(a) in the case of any person who suffers loss
of office or loss or diminution of emoluments which 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 1963, the authority
by whom he was appointed in the office which has been lost or in respect of
which he has suffered such loss or diminution or such other authority as may
be designated by the order or instrument as the compensating authority for
the purpose of the application of these Regulations in relation to that person;

(b) in the case of any person who suffers loss of office or
loss or diminution of emoluments which is not attributable as aforesaid but
is otherwise attributable to the provisions of the Act of 1963, such authority
as the Secretary of State may determine;
 “coroner” does
not include a deputy coroner or an assistant deputy coroner;

 “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 or
other allowances in kind appertaining to his office, but does not include
any allowances payable to him to cover the remuneration of deputy or assistant
deputy coroners or 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;
and
(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;
 “local authority” means the council of a county, county borough, London borough, county
district, rural parish or borough included in a rural district and includes
the Greater London Council, the Common Council of the City of London, the
council of the Isles of Scilly, any two or more of those authorities acting
jointly, and any joint committee, combined authority or joint board and a
police authority for a county, a borough or a combined police area;

 “long-term compensation”
 means compensation payable
in accordance with the provisions of Part IV
of these Regulations for loss of office or loss or diminution of emoluments
;
 “material date” means in relation to any person who has suffered loss of office or loss
or diminution of emoluments—
(a) 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 1963, the date
on which the order, scheme or instrument was made or such other date or dates
as may be specified in the order, scheme or instrument in relation to him
for all or any of the purposes of these Regulations; and
(b) where the loss or diminution is not attributable as aforesaid but
is otherwise attributable to the provisions of the Act of 1963, 1st April
1965;
 “office” includes
employment, and the expression “officer” shall be construed accordingly;
 “pensionable officer”
means such a person as is mentioned in Regulation 26(2) of these Regulations
;
 “reckonable service”
means any period of service as a coroner;

 “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 17, 18, 19 or 20
of these Regulations;
 “tribunal” means a referee or board of referees appointed by the Minister of Labour
after consultation with the Lord Chancellor.
(2) 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.
(3) The holder of the
office of coroner shall, for the purposes of these Regulations, be regarded
as employed in that office, and the expression “employment” shall
be construed accordingly.
(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 the
interpretation of an Act of Parliament.
PART II
3 
These Regulations shall apply to any person who is, immediately
before the material date, the holder of the office of coroner.
4 
Subject to the provisions of these Regulations, every person to
whom these Regulations apply and who, after the coming into operation of these
Regulations, suffers loss of office or loss or diminution of emoluments which
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 to any provision of the Act of 1963 or of any instrument
made under that Act 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.

PART III
5 

(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 office had
not attained the age of sixty-five years and who had for a period of not less
than three years immediately preceding the material date held continuously
(exclusive of breaks not exceeding in the aggregate six months) the office
of coroner.
6 

(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 such provision as is 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 any reasonably comparable
employment in the office of coroner or in assisting the holder of such an
office in the performance of the duties of that office or 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 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 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.
7 

(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 office which he has lost.
(2) In determining
the amount of resettlement compensation the compensating authority shall have
regard to any payments to which the claimant becomes entitled in consequence
of the loss of his office under any contract or arrangement with the authority
by whom he was appointed.
(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.
8 
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 a claimant who has attained the age of forty-five years, the said
thirteen weeks extended by one additional week for every year of his age after
attaining the age of forty-five years and before the date of the loss of office
subject to a maximum addition of thirteen such weeks.
9 
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 work or employment
which he obtains or of any change in his earnings from any such work or 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.
10 
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 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 9 of these Regulations,
or
(b) if, on being requested
to do so, he fails to satisfy the compensating authority that, so far as he
is able, he is seeking suitable employment.
PART IV
11 

(1) The compensating
authority shall, subject to the provisions of these Regulations—
(a) consider and
determine the entitlement to long-term and retirement compensation of every
person to whom this and the next succeeding Part of these Regulations apply
who claims such compensation and in relation to whom the conditions set out
in the next succeeding Regulation are satisfied, and
(b) pay the amount
of any compensation so determined.
(2) This Part and Part V of these Regulations apply
to a person who had for a period of not less than eight years immediately
preceding the material date held continuously (without a break of more than
twelve months at any one time) the office of coroner, and who at the date
of the loss of office or loss or diminution of emoluments had not, save as
is provided in Regulation 21
of these Regulations, attained the age of sixty-five years.
12 

(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 such
provision as is mentioned in Regulation 4
of these Regulations not later than ten years after the material date;
(b) in the case
of a claim for long-term compensation, he has made his claim for compensation
in accordance with the provisions for making claims set out in Part VII of these Regulations,
and in the case of a claim for retirement compensation, he has given notification
of his intention to claim such compensation in accordance with Regulation 26 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) the loss
of office 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
(ii) he has
not been offered any reasonably comparable employment in the office of coroner
or in assisting the holder of such an office in the performance of the duties
of that office or under the Crown or in the service of a local authority.

(2) 
Regulation 6(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.

13 

(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 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; and
(e) 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 31st July 1963, where the loss or diminution was attributable to any
provision of the Act of 1963, 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 1963, where
the loss or diminution was attributable to the provisions of that order, scheme
or instrument.
(2) In ascertaining
for the purposes of sub-paragraph (c) of
the last foregoing paragraph whether a person has been offered suitable employment, Regulation 6(3) of these Regulations
shall apply as it applies for the purposes of that Regulation.
14 

(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 attainment of the age of sixty-five years or death, whichever
first occurs, and shall not exceed a maximum annual sum calculated in accordance
with the provisions of paragraphs (2) and (3) 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 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.
(5) 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 compensating authority.
15 
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 compensating authority, and shall, subject to the provisions of these
Regulations, be payable until the attainment of the age of sixty-five years
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 14
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.
16 

(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 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 compensating
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
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
with effect from a date not earlier than that on which the loss or diminution
occurred.
PART V
17 

(1) Where a pensionable
officer to whom this Part of these Regulations applies, before attaining the
age of sixty-five years, becomes incapacitated in circumstances in which if
he had continued in the office he has lost he would have qualified for the
grant of a pension under section 6
of the Act of 1926 he shall be entitled to claim in lieu of any compensation
to which he would otherwise be entitled under these Regulations an annual
sum equal to the amount of his accrued pension.
(2) On receipt of a
claim under the last preceding paragraph, the compensating authority shall
consider forthwith whether the claimant is a person to whom that paragraph
applies, and within thirteen weeks after the date of the receipt of the claim—

(a) if they are
satisfied that he is not such a person, they shall notify him in writing accordingly;
and
(b) if they are
satisfied that he is such a person, they shall assess the amount of compensation
payable to the person, and notify him in writing accordingly,and any such notification shall, for the purposes of these Regulations,
be deemed to be a notification by the authority of a decision on a claim to
compensation.
(3) If a claimant wishes
to receive compensation under this Regulation, he shall so inform the compensating
authority in writing within one month from the receipt of a notification under
the last preceding paragraph or, where the claim has been the subject of an
appeal, from the decision of the tribunal thereon; and the compensation shall
be payable as from the date on which the compensating authority received the
claim.
(4) A compensating authority
may require any person who makes a claim under paragraph (1) of this Regulation
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.
18 

(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 compensating
authority by notice in writing, he shall be entitled as from the date on which
the compensating authority receive such notice, in lieu of any compensation,
other than resettlement compensation, to which he would otherwise be entitled
under these Regulations, to an annual sum equal to the amount of his accrued
pension:Provided that 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 24(3)
of these Regulations, not later than two years after any such review.
(2) Regulation 17(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.
19 

(1) Subject to the provisions
of these Regulations, when a pensionable officer to whom this Part of these
Regulations applies attains the age of sixty-five years, the retirement compensation
payable to him for loss of emoluments shall be an annual sum equal to the
amount of his accrued pension.
(2) Compensation shall
not be payable under this Regulation to a claimant who is entitled to compensation
under Regulation 17 or 18
of these Regulations.
20 
The provisions of Regulations 17
and 19
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
these 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.
21 

(1) In the case of an
officer receiving long-term compensation for loss of office who is not a pensionable
officer, the compensating authority may, on his attaining the age of sixty-five
years, 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 or a person to whom a pension has
been granted under section 6
of the Act of 1926 and who suffers loss of office on or after attaining the
age of sixty-five years, the compensating 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 14
of these Regulations had he not attained the age of sixty-five years at the
date on which he lost his office.
22 
Retirement compensation and other compensation awarded as annual
sums under this Part of these Regulations shall be payable at such intervals
as may be agreed between the recipient and the compensating authority.
PART VI
23 
Where a person entitled to long-term compensation enters any employment
the remuneration whereof is payable out of public funds, he shall forthwith
give notice in writing to the compensating authority that he holds such employment
and he shall give the like notice of any increase in his remuneration in that
employment and of his ceasing to hold that employment.
24 

(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 office
(other than compensation payable under Regulation 18
of these Regulations) is notified to a claimant under Regulation 27 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 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 compensating
authority is satisfied that such loss or reduction is causing hardship to
the claimant,and where any decision is so reviewed, the decision shall be subject
to further review in accordance with paragraph (1) of this Regulation as if
the review carried out under this paragraph had been the initial determination
of the claim.
(4) Paragraphs (1)
and (2) of this Regulation shall apply in relation to any decision on a claim
for long-term or retirement compensation in respect of diminution of emoluments
as they apply in respect of any decision mentioned in the said paragraph (1):
Provided that—

(i) 
no review shall take place after the date on which the claimant ceases to
hold the 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 compensating
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 emoluments of the office he has lost or, as the case may
be, the amount of his emoluments prior to their diminution.
(6) The compensating
authority shall given to a claimant not less than fourteen days' notice of
any review to be carried out under this Regulation otherwise than at his request.

25 

(1) In a case where
an annual sum which has been or might be awarded under these Regulations does
not exceed £26, the compensating authority may, at their discretion,
compound their liability in respect thereof by paying a lump sum equivalent
to the capital value of the annual sum.
(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 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 VII
26 

(1) Any person intending
to make a claim for retirement compensation shall, before making the claim,
notify the compensating authority in writing of his intention so to do; and
the compensating authority, on the receipt of any such notification, shall,
having regard to all the circumstances of the case, determine whether the
person concerned would, if he had attained the age of sixty-five years at
the time he suffered loss of office or loss or diminution of emoluments, have
been granted a pension under section 6
of the Act of 1926.
(2) For the purposes
of these Regulations, any person in respect of whom a compensating authority
has determined, in accordance with the last foregoing paragraph, that a pension
would, if he had attained the age of sixty-five years at the time he suffered
loss of office or loss or diminution of emoluments, have been granted under section 6 of the Act of 1926 shall
be regarded as a pensionable officer, and, in relation to such a person, any
reference to an accrued pension shall be construed as a reference to the maximum
amount that could, if he had attained the age of sixty-five years at that
time, have been granted as pension under the said section 6
determined in accordance with Schedule 1
to that Act.
27 

(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 and any notification under Regulation 26(1) of these Regulations
in accordance with the relevant provisions of these Regulations and shall
notify the claimant or the person who made the notification in writing of
their decision—
(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,
or of a notification under the said Regulation 26(1), not later than thirteen
weeks after the receipt of the claim, request or notification, 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 aggrieved by the decision,
to refer the matter to the tribunal, and giving the address of the office
to which the reference should be sent.
28 

(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
required.
(3) Any person who
attends for interview as aforesaid may, if he so desires, be represented by
his adviser.
29 

(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 6
or 12
of these Regulations.
30 
For the purpose of making any calculation under Regulation 14 of 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 equal or exceeds six months, be treated
as a year, and in any other case be disregarded.
31 
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 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 those offices bore to each other.

32 

(1) Subject to any
statutory provision in that behalf, any compensation to which an officer becomes
entitled under these Regulations shall be paid by the compensating authority
and shall be payable to, or in trust for, the person who is entitled to receive
it, and shall not be assignable.
(2) Any sum payable
as compensation to a person by a compensating authority shall be recoverable
as a debt due from the authority.
33 

(1) Every claimant
who is aggrieved by any decision of the compensating authority with respect
to compensation under these Regulations, other than a decision with respect
to a notification under Regulation 26(1)
of 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.
Frank Soskice
One of Her Majesty's Principal Secretaries of State
Home Office, Whitehall
23rd March 1965