
PART I
1 
These regulations may be cited as the Harbour Reorganisation (Compensation
to Employees) Regulations 1967, and shall come into operation on 30th December
1967.
2 

(1) In these regulations,
unless the context otherwise requires, the following expressions have the
meanings hereby respectively assigned to them, that is to say:—
 “accrued pension” in
relation to a pensionable officer who has suffered loss of employment, means—
(a) if the pension scheme to which the officer was last
subject before losing his employment provided benefits in which he had no
right to participate, but had reasonable expectations of participating, such
portion of any pension benefit of which he had reasonable expectations as
the compensating authority consider equitable, having regard to his age, the
length of his employment at the date of loss and all the other circumstances
of the case; and
(b) in any other case the pension to which he would have become entitled
in respect of his pensionable service according to the method of calculation
(modified where necessary in accordance with regulations 27(2)
and 45
of these regulations) prescribed by the pension scheme to which he was last
subject before suffering loss of employment if at the date on which he ceased
to be subject thereto he had attained normal retiring age and complied with
any requirement of the said scheme as to a minimum period of qualifying service
or contribution and completed any additional contributory payments or payments
in respect of added years which he was in the course of making;
 “accrued retiring allowance”
 in relation to a pensionable officer who has suffered loss
of employment, means—
(a) if the pension scheme to which the officer
was last subject before losing his employment provided benefits in which he
had no right to participate, but had reasonable expectations of participating,
such portion of any lump sum payment of which he had reasonable expectations
as the compensating authority consider equitable, having regard to his age,
the length of his employment at the date of loss and all the other circumstances
of the case; and
(b) in any other case any lump sum payment to which he
would have become entitled in respect of his pensionable service according
to the method of calculation (modified where necessary in accordance with regulations 27(2) and 45
of these regulations) prescribed by the pension scheme to which he was last
subject before suffering loss of employment if at the date on which he ceased
to be subject thereto he had attained normal retiring age and complied with
any requirement of the said scheme as to a minimum period of qualifying service
or contribution and completed any additional contributory payments or payments
in respect of added years which he was in the course of making;
 “accrued incapacity pension”
 and “accrued incapacity retiring
allowance” have the same respective
meanings as “accrued pension” and “accrued retiring allowance”
except that the reference to a person's having attained normal retiring age
shall be construed as a reference to his having become incapable of discharging
efficiently the duties of his employment by reason of permanent ill-health
or infirmity of mind or body;
 “the Act” means 
the Harbours Act 1964;

 “added years” in relation
to a person who suffers loss of employment means—
(a) in the
case of a contributory employee or local Act contributor any additional years
of service reckonable by him in his employment immediately prior to the loss
in question under regulation 12
of the Local
Government Superannuation (Benefits) Regulations 1954 or, in Scotland, under regulation 12 of the Local Government Superannuation
(Benefits) (Scotland) Regulations 1954, any corresponding provision of a local
Act scheme, or those regulations or any such provision as aforesaid as applied
by or under any enactment, and includes any additional years of service which,
having been granted under any such provision or under any similar provision
contained in any other enactment or scheme, have subsequently become and are
reckonable under or by virtue of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act
1948, or any other enactment; and
(b) 
in the case of any other person, any additional years of service, similar
to those mentioned in the last foregoing sub-paragraph, reckonable by him
under the pension scheme associated with the employment he has lost;
 “additional contributory payments”
 means—
(a) additional contributory payments of the kind
referred to in section 2(3) and (4)
of the Local
Government Superannuation Act 1953; or
(b) any similar payments made under a local Act
scheme or other pension scheme as a condition of reckoning any period of employment
as service or as a period of contribution for the purposes of the scheme,
or, where the scheme provides for the reckoning of non-contributing service,
as contributing service for the purposes of the scheme; or
(c) any payments made for the purposes of increasing
the length at which any period of service or of contribution would be reckonable
for the purpose of calculating a benefit under a local Act scheme; or
(d) any payments similar to any of those mentioned
in the foregoing sub-paragraphs made in pursuance of rules under section 2 of the Superannuation (Miscellaneous Provisions) Act
1948, or in pursuance of any arrangements in
that behalf made by a harbour authority, a local lighthouse authority or a
person carrying out harbour operations, or by an officer in the employment
of such authority or person in respect of an employee employed under such
an officer for the purposes of the functions of such authority or person;

 “compensating authority”
, in relation to any person or class of persons who suffer
loss of employment or loss or diminution of emoluments or pension rights in
consequence of any of the provisions of a harbour reorganisation scheme, means the person or body of persons appointed in writing by the Minister
as the compensating authority for the purposes of these regulations, being
a person or body subject to the provisions of a harbour reorganisation scheme
;
 “compensation question”
 means a question arising in relation
to these regulations—
(a) as to a person's entitlement to compensation
for loss of office or employment, or for loss or diminution of emoluments
or of pension rights, or
(b) as to the manner of a person's employment or the comparability
of his duties;
 “contributory employee”
 and “local Act contributor” have the same meanings as in the Local Government Superannuation Act 1937
or, in Scotland, as in the Local Government Superannuation (Scotland) Act 1937;

 “emoluments” means all salary, wages, fees and other payments paid or made to an officer
as such for his own use, and also the money value of any travel privileges,
apartments, rations or other allowances in kind appertaining to his employment,
but does not include payments for overtime, other than payments which are
a usual incident of his employment, or any allowances payable to him to cover
the cost of providing office accommodation or clerical or other assistance,
or any travelling or subsistence allowance or other moneys to be spent, or
to cover expenses incurred by him, for the purposes of his employment;
and
 “net emoluments” means—
(a) in relation to an employment which has been lost or
in which an officer has suffered a diminution of emoluments, the annual rate
(subject to regulation 45
of these regulations) of the emoluments of that employment immediately before
such loss or diminution, less such part of those emoluments as the officer
was then liable to contribute under any pension scheme associated with his
employment, except any periodical sum payable in respect of additional contributory
payments; and
(b) in relation to any other employment, the annual rate of the emoluments
of that employment at the time in question, less such part of those emoluments
as the officer was then liable to contribute under any pension scheme associated
with his employment:

Provided that, where fees were paid to a person as part of his emoluments
during any year prior to that immediately preceding the loss or diminution,
the amount in respect of fees to be included in the annual rate of emoluments
mentioned in sub-paragraph (a) hereof shall
be the annual average of the fees paid to him during the period of five years
immediately preceding the loss or diminution, or such shorter period as may
be reasonable in the circumstances;
 “harbour reorganisation scheme”
 means a harbour reorganisation scheme
which has been submitted and confirmed pursuant to section 18(4) of the Act, and
has come into operation under the Statutory Orders (Special Procedure) Acts
1945 and 1965;
 “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,
the Greater London Council, the Common Council of the City of London and 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; and means in
Scotland, any couny council, town council or district council including any
joint committee or joint board of such authorities appointed under any enactment,
order or scheme;
 “long-term compensation”
 means compensation payable in accordance
with the provisions of Part IV
of these regulations for loss of employment or loss or diminution of emoluments
;
 “material date” in relation
to any person or class of persons who suffer loss of employment or loss or
diminution of emoluments or pension rights in consequence of any of the provisions
of a harbour reorganisation scheme (hereafter in and for the purposes only
of this definition called “the claimant or claimants”
) means—
(a) in regulation 3
of these regulations, the date on which the Minister makes the order by which
the scheme is confirmed (or if the scheme is confirmed by Act of Parliament,
the date of the presentation to Parliament of the Bill for the confirmation
of the scheme), and
(b) in any other of these regulations, the date on which the scheme
comes into operation under the provisions of the Statutory Orders (Special
Procedure) Acts 1945 and 1965, except that when the claimant or claimants
are transferred to the service of any of the relevant authorities or to a
body constituted by the scheme in accordance with the provisions thereof and
any such loss or diminution is first suffered by the claimant or claimants
on or after the day of transfer, then the day of transfer shall be the material
date as respects that claimant or those claimants instead of the date on which
the scheme comes into operation as aforesaid, and in this definition the expression—“day
of transfer” in relation to a claimant or claimants who
are transferred as aforesaid means the day on which
any of the powers, duties, interests in property, rights or liabilities (including
any property, rights or liabilities vested in any of the relevant authorities
for the purposes mentioned in section 18(2)(g)
of the Act) of the person from whose service the claimant or claimants are
transferred in pursuance of the scheme in question are transferred by that
scheme or, if there is more than one such day, the first of them
and the expression “the relevant authorities” has the same meaning as in section 18
of the Act;
 “minimum pensionable age”
 means, in relation to a pensionable
officer, the earliest age at which, under the pension scheme associated with
the employment he has lost or the emoluments of which have been diminished,
he could have become entitled to a pension other than a pension payable in
consequence of his incapacity to discharge efficiently the duties of his employment
by reason of permanent ill-health or infirmity of mind or body;

 “Minister” means the Minister of Transport;
 “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 of the authority or person under
whom he held his last relevant employment;
 “normal retiring age”
means, in the case of a pensionable officer to whom
an age of compulsory retirement applied by virtue of any pension scheme to
which he was subject in the employment he has lost or the emoluments of which
have been diminished or by virtue of the conditions of that employment, that
age, and, in any other case, the age of 65 years if the officer is a male,
or 60 years if the officer is a female;
 “office” means 
any situation, place, or employment other thafn that of director of a company
, and the expression “officer” shall be construed accordingly;
 “pensionable officer”
in relation to an officer who has suffered loss of employment, or loss or
diminution of emoluments, means an officer who immediately
before such loss or diminution of emoluments, means an officer who immediately
before such loss or diminution was subject to a pension scheme associated
with his employment;
 “pension scheme” includes any form of arrangement for the payment of pensions whether
subsisting by virtue of Act of Parliament, trust, contract or otherwise;

 “reckonable service”
in relation to a person means any period of whole-time
or part-time employment in any relevant employment and includes any period
of war service or national service undertaken on the person's ceasing to hold
any such employment but does not include employment of which account has been
taken, or is required to be taken, in calculating the amount of any superannuation
benefit to which the person has become entitled;
 “relevant employment”
means subject to paragraph (4) of this regulation, employment—
(a) 
under the Crown or in the service of any local authority in Great Britain,
of any harbour authority, local lighthouse authority or of any person carrying
out harbour operations, of any navigation authority as defined in section 135(1)
of the Water
Resources Act 1963, or of any authority which
is a pilotage authority by virtue of section 8 of the Pilotage Act 1913,
or
(b) by any authority or body in Great Britain for the purposes of functions
exercisable by the Crown, by any local authority or by any other authority
or person mentioned in paragraph (a) of
this definition, 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, body or person, or
(d) preceding any of the foregoing employments which is reckonable
for the purposes of any pension scheme associated with the employment which
has been lost or in which a loss or diminution of emoluments has been suffered
in consequence of any of the provisions of a harbour reorganisation scheme;

 “resettlement compensation”
 means compensation payable in accordance
with Part III of
these regulations for loss of employment suffered by a person to whom these
regulations apply;
 “retirement compensation”
 means compensation payable in accordance
with the provisions of regulation 22 23, 24 or 25
of these regulations for loss or diminution of pension rights;

 “tribunal” means a tribunal established under section 12 of the Industrial Training Act 1964;

 “war service” means war service within the meaning of the Local Government Staffs (War Service) Act 1939,
the Teachers Superannuation (War Service)
Act 1939 (or, in Scotland, the Education (Scotland) (War Service
Superannuation) 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) 
(a) 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 the tables set out in the Schedule to these regulations
in so far as they provide for the particular case.
(b) For the purpose
of determining the application of the said tables the headings and the note
to each table shall be treated as a part of the table.
(c) Where the said
tables do not provide for a case in which 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 such as may be agreed between the compensating authority and
the person to whom the capital sum or annual amount is payable.
(3) 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.
(4) Except as provided
in regulation 6(2) and 12(2)
of these regulations, the expression “relevant employment” shall not include service in the armed forces of the Crown.

(5) The Interpretation Act 1889
shall apply for the interpretation of these regulations as it applies for
the interpretation of an Act of Parliament.
PART II
3 
These regulations shall apply to any person who immediately before
the material date either—
(a) is employed for
the whole or part only of his time as an officer of a harbour authority, a
local lighthouse authority or of a person carrying out harbour operations,
or under such an officer for the purposes of the functions of such authority
or person, or
(b) would be so employed
at that time but for any national service on which he is then engaged.
4 
Subject to the provisions of these regulations, every person to
whom these regulations apply and who suffers loss of employment or loss or
diminution of emoluments or pension rights in consequence of any of the provisions
of a harbour reorganisation scheme shall be entitled to have his case considered
for the payment of such compensation in respect of the loss or diminution
which he has so suffered as shall be determined in accordance with the following
provisions of these regulations.
5 

(1) Any person to whom
these regulations apply by virtue of regulation 3(b)
thereof, and who, before the expiry of 2 months after ceasing to be engaged
on national service, or, if prevented by sickness or other reasonable cause,
as soon as practicable thereafter, gives notice in writing to the compensating
authority that he is available for employment, shall be entitled, subject
to the last preceding regulation, to receive payment of such compensation
(if any) as shall have been determined as aforesaid in respect of—
(a) loss of employment
or loss or diminution of pension rights if he is not given or offered re-employment
in his former office or in any reasonably comparable office (whether in the
administration of the same or a different service); or
(b) diminution of
emoluments or loss or diminution of pension rights, if he is re-employed in
his former office or in any reasonably comparable office with reduced emoluments
or loss or diminution of pension rights as compared with the emoluments or
pension rights which he would have enjoyed or been entitled to had he continued
in his former office.
(2) The loss of employment
or loss or diminution of pension rights 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 or the pension rights which he would have enjoyed
or been entitled to at such earlier date had he continued in his former office.

PART III
6 

(1) The compensating
authority shall, subject to the provisions of these regulations—
(a) consider and
determine the entitlement to resettlement compensation of every person to
whom this Part of these regulations applies who claims such compensation and
in relation to whom the conditions set out in the next succeeding regulation
are satisfied, and
(b) pay the amount
of any compensation so determined.
(2) This Part of these
regulations applies to a person who at the date of the loss of employment
had not attained normal retiring age and who had been for a period of not
less than 3 years immediately preceding the material date continuously engaged
(disregarding breaks not exceeding in the aggregate 6 months) for the whole
or part of his time in relevant employment; and for this purpose the expression “relevant
employment” includes any period
of national service immediately following upon such employment.

7 

(1) Without prejudice
to any other requirement of these regulations, nothing in these regulations
shall entitle a person to resettlement compensation unless—
(a) he has suffered
loss of employment in consequence of any of the provisions of a harbour reorganisation
scheme not later than 10 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 13 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 any local authority, harbour
authority, local lighthouse authority or of any person carrying out harbour
operations or under an officer in any such service, being employment for the
purposes of the functions of the authority or person employing that officer.

(2) In ascertaining
for the purposes of this regulation whether a claimant has been offered employment
which is reasonably comparable with the employment which he has lost, no account
shall be taken of the fact that the duties of the employment offered are in
relation to the administration of a different service from that in connection
with which his employment was held or are duties which involve a transfer
of his employment from one place to another within Great Britain.
(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.
8 

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

(a) unemployment,
sickness or injury benefit under any Act relating to National Insurance claimable
by him in respect of such week (excluding any amount claimable by him in respect
of any dependant);
(b) two thirds
of the net emoluments received by him in respect of such week from work or
employment undertaken in place of the employment which he has lost;
(c) any periodical
payment to which he is entitled in respect of such week by virtue of any pension
scheme to which he was subject in relation to the employment which he has
lost.
(2) In determining
the amount of resettlement compensation the compensating authority shall have
regard to any payments to which the claimant becomes entitled in consequence
of the loss of his employment under any contract or arrangement with the harbour
or local lighthouse authority or person carrying out harbour operations by
whom he was employed (other than payments by way of a return of contributions
under a pension scheme).
(3) For the purposes
of this regulation the weekly rate of a claimant's net emoluments shall be
deemed to be seven three hundred and sixty-fifths of those emoluments.
9 
Subject as hereinafter provided, resettlement compensation to a
person to whom this Part of these regulations applies shall be payable in
respect of the period of 13 weeks next succeeding the week in which he lost
the employment in respect of which his claim has been made or, in the case
of a claimant who has attained the age of 45 years, the said 13 weeks extended
by one additional week for every year of his age after attaining the age of
45 years and before the date of the loss of employment, subject to a maximum
addition of 13 such weeks.
10 
Every claimant for resettlement compensation shall (after as well
as before the compensation begins to be paid)—
(a) forthwith supply
the compensating authority in writing with particulars of any employment which
he obtains or of any change in his earnings from any such employment, and

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

(1) The compensating
authority shall, subject to the provisions of these regulations—
(a) consider and
determine the entitlement to long-term 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 has been for a period of not less than
8 years immediately preceding the material date continuously engaged (without
a break of more than 12 months at any one time) for the whole or part of his
time in relevant employment (which expression for this purpose includes any
period of national service immediately following such employment), and who
at the date of the loss of employment or loss or diminution of emoluments
had not, save as is provided in regulation 18
of these regulations, attained normal retiring age.
13 

(1) Without prejudice
to any other requirement of these regulations, nothing in these regulations
shall entitle a person to long-term compensation unless—
(a) he has suffered
loss of employment or loss or diminution of emoluments in consequence of any
of the provisions of a harbour reorganisation scheme not later than 10 years
after the material date;
(b) he has made
his claim for compensation in accordance with the provisions for making claims
set out in Part VII
of these regulations not later than 2 years after the loss or diminution which
is the cause of the claim; and
(c) if the cause
of the claim for compensation is loss of employment—
(i) his employment
was terminated for some reason other than misconduct or incapacity to perform
such duties as immediately before the loss he was performing or might reasonably
have been required to perform; and
(ii) he has
not been offered any reasonably comparable employment under the Crown or in
the service of any local authority, harbour authority, local lighthouse authority
or of any person carrying out harbour operations, or under an officer in any
such service, being employment for the purposes of the functions of the authority
or person employing that officer.
(2) 
Regulation 7(2) and (3) of these regulations
as to offers of employment shall apply for the purposes of this regulation.

(3) Claims for long-term
compensation for loss of employment shall in all respects be treated as claims
for such compensation for the loss of emoluments occasioned thereby and the
provisions of these regulations shall apply to all such claims accordingly.

14 

(1) For the purpose
of determining whether long-term compensation for loss or diminution of emoluments
should be paid to a claimant and, if so, the amount of the compensation (subject
to the limits set out in these regulations), regard shall be had to such of
the following factors as may be relevant, that is to say:—
(a) the conditions
upon which the claimant held the employment which he has lost, including in
particular its security of tenure, whether by law or practice;
(b) the emoluments
and other conditions, including security of tenure, whether by law or practice,
of any work or employment undertaken by the claimant in place of the employment
he has lost;
(c) the extent
to which he has sought suitable employment and the emoluments which he might
have acquired by accepting other suitable employment offered to him;
(d) the amount
of any compensation recovered by him under or by virtue of the provisions
of any enactment relating to the reinstatement in civil employment of persons
who have been in the service of the Crown, or payable to him otherwise than
under these regulations in respect of the loss or diminution, whether by reason
of any service agreement or contract or otherwise howsoever;
(e) the amount
of any benefit to which he is immediately entitled by virtue of any pension
scheme associated with the employment which he has lost; and
(f) all the other
circumstances of his case:Provided that if
at the time when the claimant entered the employment which he has lost, or
in which he has suffered a diminution of emoluments, proceedings had been
commenced under section 18
of, and Schedule
4 to, the Act with a view to the confirmation
of a harbour reorganisation scheme affecting the authority or person by whom
he was employed, no account shall be taken of that fact.
(2) In ascertaining
for the purposes of sub-paragraph (c) of
the last foregoing paragraph whether a person has been offered suitable employment, regulation 7(3) of these regulation
shall apply as it applies for the purposes of that regulation.
15 

(1) In the case of
a person to whom this Part of these regulations applies, long-term compensation
for loss of emoluments shall, subject to the provisions of these regulations,
be payable until normal retiring age or death, whichever first occurs, and
shall not exceed a maximum annual sum calculated in accordance with the provisions
of paragraphs (2), (3) and (4) of this regulation.
(2) The said maximum
annual sum shall, subject as hereinafter provided, be the aggregate of the
following sums, namely—
(a) for every year
of the claimant's reckonable service, one sixtieth of the net emoluments he
has lost; and
(b) in the case
of a claimant who has attained the age of 40 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 40 years but has not attained the
age of 50 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 10 years, one sixtieth for each
year of such service after attaining the age of 40 years; or
(ii) where
the claimant's reckonable service amounts to 10 years but is less than 15
years, one sixtieth for each year of such service after attaining the age
of 40 years and one additional sixtieth; or
(iii) where
the claimant's reckonable service amounts to 15 years but is less than 20
years, one sixtieth for each year of such service after attaining the age
of 40 years and 2 additional sixtieths; or
(iv) where
the claimant's reckonable service amounts to 20 years or more, one sixtieth
for each year of such service after attaining the age of 40 years and 3 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 50 years but has not attained the
age of 60 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 40 years, up to a maximum of 15 such years; and
(c) in the case
of a claimant who has attained the age of 60 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 45 years.
(4) Where a person
has become entitled to a superannuation benefit by way of annual amounts under
a pension scheme associated with the employment which he has lost, the maximum
annual sum referred to in paragraph (1) of this regulation shall be the maximum
sum calculated under paragraph (2) of this regulation as if the superannuation
benefit had not been payable, less the amount of the benefit.
(5) Where a sum is
payable under this regulation in respect of any period and resettlement compensation
has also been paid in respect of that period, the said sum shall be limited
to the amount (if any) by which it exceeds the resettlement compensation paid
as aforesaid.
(6) Compensation awarded
under this regulation shall be payable at intervals equivalent to those at
which the emoluments of the claimant's employment were previously paid or
at such intervals as may be agreed between him and the compensating authority.

16 
In the case of a person to whom this Part of these regulations
applies, long-term compensation for diminution of emoluments in respect of
any employment shall be awarded and paid in accordance with the following
provisions—
(a) the compensation
shall consist of an annual sum which shall be payable at intervals equivalent
to those at which the emoluments of the claimant's employment are or were
previously paid or at such other intervals as may be agreed between the claimant
and the compensating authority and shall, subject to the provisions of these
regulations, be payable until normal retiring age or death, whichever first
occurs; and
(b) the said annual
sum shall not exceed the figure which bears to the maximum annual sum which
could have been awarded under regulation 15
of these regulations, had the claim been made under that regulation, the same
ratio as the amount by which his net emoluments have been diminished (calculated
as an annual amount) bears to the amount of his net emoluments:Provided that no compensation
shall be payable if this ratio is less than 2½ per cent.
17 

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

(2) Where a claim for
long-term compensation is duly made within 13 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 13 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.
18 

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

PART V
19 

(1) The compensating
authority shall, subject to the provisions of these regulations—
(a) consider
and determine the entitlement—
(i) to
retirement compensation for loss or diminution of pension rights, of every
pensionable officer to whom this Part of these regulations applies and who
claims such compensation, and
(ii) 
to the other compensation provided for in this Part of these regulations for
such loss or diminution suffered by any such pensionable officer, of the persons
for whom such compensation is so provided, and
(b) pay the
amount of any compensation so determined.
(2) This Part
of these regulations applies to a pensionable officer who is a person to whom Part IV of these regulations applies
and who suffers loss of employment or diminution of emoluments (together with,
in either case, loss or diminution of pension rights) in consequence of any
of the provisions of a harbour reorganisation scheme.
20 

(1) Without prejudice
to any other requirement of these regulations, nothing in these regulations
shall entitle any person to retirement compensation or any other compensation
provided for in this Part of these regulations in respect of the loss or diminution
of the pension rights of a pensionable officer to whom this Part of these
regulations applies unless—
(a) the officer
in question has suffered the loss or diminution of pension rights in consequence
of any of the provisions of a harbour reorganisation scheme not later than
10 years after the material date; and
(b) where
a claim is required by these regulations, the claim is made in accordance
with the provisions for making claims set out in Part VII
of these regulations not later than 2 years after the loss or diminution which
is the cause of the claim.
(2) Long-term
compensation and retirement compensation claimable by the same person shall
be the subject of separate claims but such claims shall, so far as practicable,
be made together.
21 
For the purpose of determining whether retirement
compensation or other compensation in respect of the loss or diminution of
the pension rights of a pensionable officer to whom this Part of these regulations
applies should be paid to a claimant, and, if so, the amount thereof (subject
to the limits set out in these regulations), regard shall be had to the extent
of the loss or diminution of pension rights suffered and also to such of the
factors set out in regulation 14(1)
of these regulations as may be relevant, and in applying these factors the
other provisions of that regulation shall have effect.
22 

(1) Where a pensionable
officer to whom this Part of these regulations applies loses his employment
and then before attaining what would have been his normal retiring age—

(a) becomes
incapacitated in circumstances in which if he had continued in that employment
he would have become entitled to a pension under the pension scheme to which
he was subject in the employment; or
(b) attains
the age which, had he continued to serve in that employment, would have been
his minimum pensionable age,then, subject to the provisions of these regulations, he shall
be entitled on the happening of either event to claim in lieu of any other
compensation under the provisions of these regulations—
(i) in the
case mentioned in head (a) of this paragraph, an annual sum equal to the amount
of his accrued incapacity pension, and a lump sum equal to the amount of his
accrued incapacity retiring allowance (if any); and
(ii) in the
case mentioned in head (b) of this paragraph,
an annual sum equal to the amount of his accrued pension and a lump sum equal
to the amount of his accrued retiring allowance (if any):Provided that—
(i) if, in calculating the amount of compensation payable to a person
who has made such claim as aforesaid, the compensating authority, by virtue
of regulation 27(2)
of these regulations, have credited him with additional years of service or
an additional period of contribution, no account shall be taken for the purpose
of the foregoing provision of any additional years or period beyond the number
of years which he could have served, had he not lost his employment, before
the date on which the claim was received by the compensating authority; and
(ii) if by reason of any provision of the relevant pension scheme for
a minimum benefit the amount of any such pension or retiring allowance is
in excess of that attributable to the claimant's actual service, no account
shall be taken for the purpose of the foregoing provision of any such additional
years or period except to the extent (if any) by which they exceed the number
of years represented by the difference between the claimant's actual service
and the period by reference to which the minimum benefit has been calculated;
and(iii) if the number of years by reference to which an accrued incapacity
pension or an accrued incapacity retiring allowance (if any) is to be calculated
is less than any minimum number of years of qualifying service prescribed
by the relevant pension scheme, the amount of such pension or retiring allowance
(if any) shall, notwithstanding any minimum benefit prescribed by the pension
scheme, not exceed such proportion of such minimum benefit as the number of
years of pensionable service bears to the minimum number of years of qualifying
service.
(2) On receipt
of a claim under the last preceding paragraph, the compensating authority
shall consider forthwith whether the claimant is a person to whom that paragraph
applies, and within 13 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 him 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) As from the
date on which compensation is payable to a pensionable officer under this
regulation his entitlement to any resettlement or long-term compensation shall
cease.
(5) A compensating
authority may require any such person as is mentioned in head (
a) of paragraph (1) of this regulation, who makes a claim under
that paragraph, to submit himself to a medical examination by a registered
medical practitioner selected by that authority, and, if they do so, they
shall also offer the person an opportunity of submitting a report from his
own medical adviser as a result of an examination by him, and the authority
shall take that report into consideration, together with the report of the
medical practitioner selected by them.
23 

(1) If a pensionable
officer to whom this Part of these regulations applies has suffered loss of
employment after attaining the age of 50 years, and so requests the compensating
authority by notice in writing, then, subject to the provisions of these regulations,
he shall be entitled as from the date on which the compensating authority
receive such notice, in lieu of any compensation, other than resettlement
compensation, to which he would otherwise be entitled under these regulations,
to an annual sum equal to the amount of his accrued pension and a lump sum
equal to the amount of his accrued retiring allowance (if any):Provided that—

(i) 
in calculating the amount of the compensation payable to a person who has
given such notice as aforesaid, no account shall be taken of any additional
years of service or period of contribution credited to that person under regulation 27(2) of these regulations,
and
(ii) 
where the officer has claimed long-term compensation, the said notice shall
be given not later than 2 years after the determination of the claim or, where
the determination is reviewed under regulation 38(3)
of these regulations, not later than 2 years after any such review.
(2) Regulation 22(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 exceed the resettlement
compensation payable as aforesaid.
(4) As from the
date on which the said annual sum is payable to a pensionable officer under
this regulation his entitlement to any long-term compensation shall cease.

(5) A pensionable
officer to whom compensation under this regulation becomes payable, who enters
employment in which he is subject to a pension scheme, and thereafter becomes
entitled to reckon for the purposes of that scheme any service or period of
contribution which falls or fell to be taken into account for the purpose
of assessing the amount of compensation so payable, shall be subject to the
provisions of regulation 26
of these regulations as from the date upon which he enters or entered such
employment notwithstanding that payment under the award has commenced and,
subject to the provisions of regulation 35
of these regulations, any further retirement compensation payable to him from
that date shall be calculated in accordance with the said regulation 26.
(6) For the removal
of doubt, the compensating authority may, at any time for the purpose of giving
effect to the last preceding paragraph, adjust the amount of compensation
paid or payable under this regulation, notwithstanding that the provisions
of regulation 38
of these regulations do not apply.
24 

(1) Subject to
the provisions of these regulations, when a pensionable officer to whom this
Part of these regulations applies, and who has lost his employment, reaches
normal retiring age, the retirement compensation payable to him for loss or
diminution of pension rights shall be—
(a) an annual
sum equal to the amount of his accrued pension; and
(b) a lump
sum equal to the amount of his accrued retiring allowance (if any).
(2) Compensation
shall not be payable under this regulation to a claimant to whom compensation
is being paid under regulation 22 or 23
of these regulations.
25 

(1) The provisions
of regulations 22 and 24
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
(instead of a loss of his employment) but the sums payable to such an officer
in the circumstances mentioned in those regulations shall be sums which bear
to the sums which would have been payable thereunder, had the claim been in
respect of loss of employment, the same ratio as the amount by which the claimant's
net emoluments have been diminished (calculated as an annual rate) bears to
the amount of his net emoluments:Provided that no
compensation shall be payable if this ratio is less than 2½ per cent.

(2) In the foregoing
application of the provisions of regulations 22
and 24
of these regulations and in any application of any other provisions of these
regulations for the purposes of this regulation, there shall be substituted
for the references therein to loss of employment references to diminution
of emoluments.
26 
Where a pensionable officer after suffering
loss of employment or diminution of emoluments enters employment in which
he is subject to a pension scheme and thereafter becomes entitled to reckon
for the purposes of that scheme any service or period of contribution which
falls to be taken into account for the purpose of assessing the amount of
any retirement compensation payable to him, no retirement compensation attributable
to such service or period shall be payable unless the annual rate of the emoluments
to which he was entitled immediately before such loss or diminution exceeds
the annual rate on entry of the emoluments of the new employment by more than
2½ per cent of such first mentioned emoluments, and any retirement
compensation so attributable but which is payable to him shall, in so far
as it is calculated by reference to remuneration, be calculated by reference
to the difference between the said annual rates:
Provided that this regulation
shall not operate to increase the amount of any retirement compensation payable
in respect of an officer who has suffered a diminution of emoluments beyond
the amount which would have been payable if the officer had attained normal
retiring age immediately before he ceased to hold the employment in which
he suffered the diminution of emoluments.
27 

(1) A pensionable
officer entitled to retirement compensation under regulation 22, 23 or 24
of these regulations shall pay to the compensating authority an amount equal
to any sum which was paid to him by way of return of superannuation contributions,
whether with or without interest, after ceasing to be employed and the compensating
authority may at the request of the officer repay that amount to him at any
time before he becomes entitled as aforesaid, but if the amount is not paid
to the compensating authority, or is repaid by them to the officer, the compensation
shall be reduced by an annual amount the capital value of which is equal to
the amount of the said superannuation contributions.
(2) If the claimant
had attained the age of 40 years at the date on which he lost his employment
or suffered a diminution of his emoluments, the compensating authority in
calculating the amount of the retirement compensation payable to him shall
credit him with additional years of service or an additional period of contribution
on the following basis, namely—
(a) 2 years,
whether or not the claimant has completed any years of service after attaining
the age of 40 years, and
(b) 2 years
for each of the first 4 completed years of the claimant's reckonable service
between the date when he attained the age of 40 years and the date of the
loss or diminution, and
(c) one year
for each such year of service after the fourth,but the additional years of service or period of contribution so
credited shall not exceed the shortest of the following periods, namely—

(i) such number
of years as, when added to his pensionable service, would amount to the maximum
period of such service which would have been reckonable by him had he continued
in his employment until attaining normal retiring age, or
(ii) the
number of years of the claimant's reckonable service, or
(iii) 15
years;and in calculating the amount of any retirement compensation payable
to the claimant any period so added shall be aggregated with any years of
service or period of contribution entailing reduction of the relevant pension
or retiring allowance in connection with the passing of any enactment referred
to in paragraphs (a)
or (c) of section
110(1) of the National Insurance Act 1965, not
being a reduction calculated by reference to any provision of such an enactment
relating to graduated contributions or to graduated retirement benefit.
(3) When retirement
compensation is awarded or when an award is reviewed under regulation 38 of these regulations
the additional compensation payable in consequence of any years of service
or period of contribution credited to a claimant under the last foregoing
paragraph may be reduced or withheld as the compensating authority may think
reasonable having regard to the pension scheme (if any) attaching to any further
employment obtained by the claimant.
(4) If, under
the pension scheme to which the claimant was last subject before suffering
loss of employment or diminution of emoluments, the amount of any benefit
to which he might have become entitled might have been increased at the discretion
of the authority or body administering the pension scheme or of any other
body, the compensating authority may increase, to an extent not exceeding
that to which his accrued pension, accrued retiring allowance, accrued incapacity
pension or accrued incapacity retiring allowance might have been increased
or supplemented, the corresponding component of any retirement compensation
payable to him; and in this connection the compensating authority shall have
regard to the terms of any relevant resolutions of such an authority or body
with regard to the increase of benefits and to any provisions of the relevant
harbour reorganisation scheme protecting the interests of the claimant.
(5) If, under
the pension scheme to which he was last subject before suffering loss of employment
or diminution of emoluments, the claimant would have been entitled to surrender
a proportion of any pension which might have become payable to him in favour
of his spouse or any dependant, then, if he so desires and informs the compensating
authority by notice in writing accordingly within one month after becoming
entitled to retirement compensation under these regulations, he may surrender
a proportion of so much of the said compensation as is payable by way of an
annual sum on the like terms and conditions and in consideration of the like
payments by the compensating authority as if the said annual sum were a pension
to which he had become entitled under the said pension scheme.
(6) In calculating
for the purposes of regulation 22, 23 or 24
of these regulations the amount of the annual sum which is equal to a claimant's
accrued pension no account shall be taken of any reduction falling to be made
in that pension as a result of any provision of regulations made or deemed
to have been made under section 110(1)
of the National
Insurance Act 1965 which are for the time being
in force until the claimant reaches the age at which, under the pension scheme
to which he was subject before losing his employment, the pension would have
been so reduced.
(7) In paragraph
(2) of this regulation the expression “reckonable service” includes any period of employment of which account has been taken
or is required to be taken in calculating the amount of any superannuation
benefit to which a claimant has become entitled under a pension scheme associated
with the employment which he has lost or in which his emoluments have been
diminished.
28 

(1) Payments in
accordance with this and the next two succeeding regulations shall be made
to or for the benefit of the widow, child or other dependant or to the personal
representatives of an officer to whom this Part of these regulations applies
and who has died.
(2) If the widow,
child or other dependant of the officer might have become entitled to a pension
under the pension scheme to which the officer was last subject before losing
his employment if such loss of employment had not occurred, the widow, child
or other dependant, as the case may be, shall be entitled to receive an annual
sum equal to the prescribed proportion of any retirement compensation by way
of annual amounts payable to the officer under regulation 22, 23 or 24
of these regulations immediately prior to his death or, if he dies before
becoming entitled to receive compensation under any of those regulations,
the prescribed proportion of the compensation by way of annual amounts which
he would have received under regulation 22
of these regulations had he become entitled thereto immediately prior to his
death:Provided that—

(i) 
where any retirement compensation had been surrendered or compounded under regulation 27(5) or regulation 39
of these regulations, any sum payable under this regulation shall be calculated
as if such surrender or compounding had not taken place;
(ii) 
where the pension scheme provides for payment of the pension to any person
on behalf of the child or other dependant, any annual sum payable as aforesaid
to a child or other dependant shall be paid to that person on behalf of the
child or other dependant in the like manner and for the like period as is
provided in the pension scheme;
(iii) 
in calculating the sum payable as aforesaid, it shall be assumed that the
retirement compensation payable, or which would have been payable, to an officer
under regulation 22, 23 or 24
of these regulations had been such sum as would have been payable if the accrued
pension or accrued incapacity pension had not been reduced as a result of
any provision of regulations made or deemed to have been made under section 110(1) of the National Insurance Act 1965
which are for the time being in force.
(3) Any sum payable
to or for the benefit of a widow, child or other dependant under this regulation
shall cease to be payable in any circumstances in which a corresponding pension
under the said pension scheme would have ceased to be payable.
(4) Except where
any compensation payable to the officer concerned has been reduced under regulation 27(1) of these regulations,
compensation payable under this and the next following regulation shall in
the aggregate be reduced by an amount the capital value whereof is equal to
the amount of any superannuation contributions returned to the officer and
either not paid to the compensating authority or repaid by the compensating
authority to the officer, the compensation under each such regulation being
reduced in proportion to the capital value of each amount.
(5) This regulation
shall apply in the case of an officer who has suffered a diminution of emoluments
with the substitution of references to diminution of emoluments for references
to loss of employment, but the annual sum payable to a widow, child or other
dependant of such an officer shall be a sum which bears to the sum which would
have been payable under paragraph (2) of this regulation had the claim been
in respect of loss of employment, the same ratio as the amount by which the
officer's net emoluments have been diminished (calculated as an annual rate)
bears to the amount of his net emoluments:Provided that no
sum shall be payable under this paragraph if this ratio is less than 2½
per cent.
(6) In this regulation “prescribed
proportion” means the proportion
which, under the pension scheme to which the officer was subject immediately
prior to the loss of employment or diminution of emoluments, the pension payable
to a widow, child or other dependant, as the case may be, bears to an officer's
pension.
29 

(1) If the personal
representatives of the officer might have become entitled to a death grant
under the pension scheme to which the officer was last subject before losing
his employment had such loss not occurred, they shall be entitled to receive
a sum calculated in accordance with the provisions of the next succeeding
paragraph, and paragraph (4)
of the last preceding regulation.
(2) The amount
of such sum shall be ascertained in accordance with the method of calculation
prescribed by the pension scheme for the ascertainment of death grant as if
the officer had died immediately before losing his employment, subject to
the following modifications—
(a) except
where the officer had been in receipt of retirement compensation under regulation 23 of these regulations,
account shall be taken of any additional years of service or period of contribution
credited to the officer under regulation 27(2)
of these regulations—
(i) in
the case of an officer who had been in receipt of retirement compensation
under regulation 22
of these regulations, to the extent of the period between the loss of employment
and the date of the claim made under that regulation, and
(ii) 
in any other case, to the extent of the period between the loss of employment
and the officer's death;
(b) if the
number of years of the officer's service or period of contribution is less
than the minimum number of years of qualifying service or period prescribed
by the pension scheme for the receipt of a death grant, the said sum shall
not exceed such proportion of the death grant calculated as aforesaid as the
number of years of the claimant's qualifying service or period of contribution
bears to the minimum number of years of qualifying service or period required
by the pension scheme; and
(c) there
shall be deducted from such sum the amount of any retirement compensation
paid to the officer under regulation 22, 23 or 24
of these regulations or, where any part of the compensation has been surrendered
under regulation 27(5)
of these regulations, the amount which would have been so paid but for any
such surrender.
(3) For the purpose
of calculating such death grant, an annual sum payable to or for the benefit
of a widow, child or other dependant under the last preceding regulation shall
be deemed to be a pension payable to or for the benefit of the widow, child
or dependant, as the case may be.
(4) This regulation
shall apply in the case of an officer who has suffered a diminution of emoluments
with the substitution of references to diminution of emoluments for references
to loss of employment, but the sum payable to the personal representatives
of such an officer shall be a sum which bears to the sum which would have
been payable under paragraph (1) of this regulation had the claim been in
respect of loss of employment the same ratio as the amount by which the officer's
net emoluments have been diminished (calculated as an annual rate) bears to
the amount of his net emoluments:Provided that no
sum shall be payable to personal representatives under this paragraph if this
ratio is less than 2½ per cent.
30 

(1) If no annual
sum is payable to the widow, child or other dependant under regulation 28 of these regulations
and no sum is payable under the last preceding regulation and the officer
dies before he has received in the aggregate by way of retirement compensation
a sum equivalent to the amount of any contributions repaid by him under regulation 27(1) of these regulations,
together with compound interest thereon calculated at the rate of 3 per cent.
per annum with half-yearly rests up to the date of his death as from the 1st
April or the 1st October following the half year in which the amount was paid,
there shall be paid to his personal representatives the difference between
the aggregate amount received by way of retirement compensation as aforesaid
and the said equivalent sum.
(2) If an annual
sum becomes payable to a widow under regulation 28
of these regulations and on her re-marriage or death the sum ceases to be
payable and the aggregate amount of the payments which were made to her as
aforesaid, to her husband by way of retirement compensation and to his personal
representatives under regulation 29
of these regulations is less than a sum equivalent to the amount which would
have been payable to the personal representatives under that regulation if
no annual sum had been payable to the widow under the said regulation 28,
there shall be paid to her or her personal representatives the difference
between such aggregate amount and the said equivalent sum.
(3) For the purposes
of this regulation an officer who has surrendered any part of his retirement
compensation under regulation 27(5)
of these regulations shall be deemed to have received during any period the
amount of compensation for that period which he would have received but for
any such surrender.
31 
There shall be deducted from the retirement
compensation payable to any person any additional contributory payments remaining
unpaid at the date when he suffered loss of employment; and any such payments
not recovered at the date of his death shall be deducted from any compensation
payable in respect of the person under regulation 28, 29 or 30
of these regulations.
32 
Where an officer to whom this Part of these
regulations applies, or his widow, child or other dependant or personal representative
has become entitled to any superannuation benefit under a pension scheme associated
with the employment which the officer has lost or in respect of which he has
suffered a diminution of emoluments, the retirement compensation payable to
the officer or the compensation payable in respect of the officer under regulations 22 to 25 inclusive
or 28 to 30 inclusive
of these regulations shall be calculated in the first place as if the said
superannuation benefit had not been payable but—
(a) compensation
by way of annual amounts shall be reduced by the annual amount of such superannuation
benefit as is payable periodically, and
(b) compensation
payable as a lump sum shall be reduced by the amount of any such superannuation
benefit payable as a lump sum.
33 

(1) Except in
relation to any accrued pension, accrued retiring allowance, accrued incapacity
pension or accrued incapacity retiring allowance attributable to service as
a contributory employee or local Act contributor, the provisions of regulations 22, 23, 24 and 25
of these regulations shall not apply to a person who had been participating
in a scheme associated with his employment for providing superannuation benefits
by means of contracts or policies of insurance, and who, after the loss of
his employment or the diminution of his emoluments, continued to participate
in that scheme, or became entitled to a benefit or prospective benefit thereunder
other than a return of contributions.
(2) If the claimant
is such a person as is mentioned in paragraph (1) of this regulation who has
lost his employment, the compensating authority may, if the relevant scheme
so permits, make such payments to or in respect of him, whether by way of
the payment of premiums or otherwise, as will secure that his benefits under
the scheme are increased to an extent actuarially equivalent to that by which
similar amounts of retirement compensation could be increased under regulation 27(2) or (4) of these
regulations.
(3) If the claimant
is such a person as is `mentioned in paragraph (1) of this regulation who
has suffered a diminution of his emoluments, the compensating authority may,
if the relevant scheme so permits, make such payments to or in respect of
him, whether by way of the payment of premiums or otherwise, as will secure
to the claimant the like benefits under the scheme as if his emoluments had
not been diminished.
(4) If the claimant
is such a person as aforesaid and he becomes entitled to a benefit under such
a scheme as is mentioned in paragraph (1) of this regulation before reaching
normal retiring age, the compensating authority may reduce any long-term compensation
payable to him under Part IV
of these regulations by the amount of such benefit.
34 
Retirement compensation and other compensation
awarded as an annual sum under this Part of these regulations shall be payable
at intervals equivalent to those at which the corresponding benefit would
have been payable under the pension scheme to which the claimant was subject
prior to the loss of employment or diminution of emoluments or at such other
intervals as may be agreed between the recipient and the compensating authority.

PART VI
35 

(1) Where any
period of service of which account was taken in calculating the amount of
any compensation payable under Part IV or V
of these regulations is also taken into account for the purpose of calculating
the amount of any superannuation benefit payable to or in respect of the officer
in accordance with a pension scheme associated with an employment undertaken
subsequent to the loss of employment or diminution of emoluments or loss or
diminution of pension rights which was the subject of the claim for compensation,
the compensating authority may adjust the compensation in accordance with
this regulation by withholding or reducing the amount of compensation payable
in respect of any period for which such superannuation benefit is being received.

(2) If the part
of any superannuation benefit by way of annual amounts which is attributable
to a period of service mentioned in paragraph (1) of this regulation equals
or exceeds the part of any compensation by way of annual amounts which is
attributable to the same period, that part of the compensation may be withheld,
but if such part of the superannuation benefit is less than such part of the
compensation, the compensation may be reduced by an amount not exceeding such
part of the superannuation benefit.
(3) In the case
of a death benefit payable to the personal representatives of the officer,
the sum payable to the personal representatives under regulation 29 of these regulations
may be reduced by an amount not greater than the proportion of the death benefit
which the period of service mentioned in paragraph (1) of this regulation
bears to the total period of service of which account was taken in the calculation
of the death benefit.
(4) In addition
to any reduction authorised by paragraph (2) or (3) of this regulation, if,
in the circumstances mentioned in paragraph (1) of this regulation, compensation
by way of annual amounts is attributable in part to any provision of the relevant
pension scheme for a minimum benefit, the compensation may be reduced by an
amount not exceeding that part.
(5) Where any
additional years of service or period of contribution have been credited to
a claimant under regulation 27(2)
of these regulations, if the number of such years or such period is equal
to or less than the period spent in the subsequent employment mentioned in
paragraph (1) of this regulation, the compensation by way of annual amounts
may be reduced (in addition to any other reduction authorised by this regulation)
by an amount not exceeding that attributable to the additional years or period
so credited, or, if the number of such years or such period is greater than
the period spent in the subsequent employment, by such proportion of that
amount as the period spent in the subsequent employment bears to the number
of additional years or the period so credited.
(6) Where compensation
has been calculated in accordance with regulation 26
of these regulations, the provisions of this regulation shall apply only in
relation to such part (if any) of the superannuation benefit as is attributable
to annual emoluments in excess of those to which the officer was entitled
on entering the new employment referred to in the said regulation 26.
(7) Where compensation
is payable in respect of diminution of emoluments, the provisions of this
regulation shall apply only in relation to such part (if any) of the superannuation
benefit as is attributable to annual emoluments in excess of those to which
the officer was entitled immediately prior to the diminution.
36 

(1) If under
the pension scheme to which a person was subject before losing his employment
or suffering a diminution of emoluments any benefit for which the scheme provided
would have been subject to reduction or suspension on his taking up other
specified employment, any retirement compensation to which the person is entitled
shall, where such employment is taken up, be reduced or suspended in the like
manner and to the like extent:Provided that in
calculating the amount of the reduction there shall be aggregated with the
emoluments of the employment taken up the amount of any superannuation benefit
by way of annual amounts payable to the person in respect of the employment
which he has lost, or, as the case may be, in which the emoluments were diminished.

(2) Where a person
is entitled to compensation under these regulations and the circumstances
are such that he is also entitled to a redundancy payment under the Redundancy Payments Act 1965,
the amount of such compensation which would, apart from this paragraph of
this regulation, become due to that person shall be reduced by the amount
of the redundancy payment under the said Act which is to be paid to the person
and, in so far as such compensation consists of more than one payment, the
payments of such compensation as they become due shall be subject to such
abatement or reduction as is necessary to reduce the amount of such compensation
by the amount of the redundancy payment.
(3) Where in
any week a person is entitled to long-term compensation for loss or diminution
of emoluments and is also entitled to unemployment sickness or injury benefit
under any Act relating to National Insurance, other than a benefit claimable
by him in respect of a dependant, there shall be deducted from the long-term
compensation payable for that week a sum equal to the amount by which the
aggregate of—
(a) such
National Insurance benefits claimable in respect of that week, and
(b) the weekly
rate at which the long-term compensation would, but for this regulation, be
payable, and
(c) the weekly
rate of any superannuation benefit taken into account for the purpose of regulation 15(4) of these regulations,
exceeds two thirds of the weekly rate of the net emoluments of
the employment which he has lost or in which the emoluments have been diminished.

(4) For the purposes
of the last preceding paragraph of this regulation, the expression “weekly rate”
 means seven three hundred and sixty-fifths
of the relevant annual rate.
37 

(a) a pensionable
officer after suffering loss of employment or diminution of emoluments enters
any employment referred to in regulation 26
of these regulations or becomes entitled to any superannuation benefit on
ceasing to hold such employment, or
(b) a person
entitled to long-term compensation enters employment the remuneration whereof
is payable out of public funds or ceases to hold such employment, or receives
any increase in his remuneration in such employment, or
(c) a person
entitled to retirement compensation enters employment in which the compensation
is subject to reduction or suspension under regulation 36(1)
of these regulations, or ceases to hold such employment, or receives any increase
in his remuneration in such employment, or
(d) a person
entitled to long-term compensation is receiving or starts to receive a benefit
under any Act relating to National Insurance,
he shall forthwith inform the compensating authority in
writing of that fact.
38 

(1) The compensating
authority shall, within a period of 2 years after the date on which any decision
on a claim for long-term or retirement compensation for loss of employment
(other than compensation payable under regulation 23
of these regulations) or for loss or diminution of pension rights associated
with loss of employment is notified to a claimant under regulation 40 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 6 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 2 years mentioned
in that paragraph if he considers that there has been a change in the circumstances
of his case which is material for the purposes of these regulations.
(3) The compensating
authority shall carry out a review in accordance with paragraph (1) of this
regulation, notwithstanding the expiration of the period mentioned in that
paragraph, if—
(a) the emoluments
of employment or work undertaken in place of the employment which has been
lost had been taken into account in determining the amount of any compensation
awarded, and
(b) such
employment or work has been lost or the emoluments thereof reduced, otherwise
than by reason of misconduct or incapacity to perform such duties as the claimant
might reasonably have been required to perform, and
(c) the compensating
authority is satisfied that such loss or reduction is causing hardship to
the claimant,and, where any decision is so reviewed, the decision shall be subject
to further review in accordance with paragraph (1) of this regulation as if
the review carried out under this paragraph had been the initial determination
of the claim.
(4) Paragraphs
(1) and (2) of this regulation shall apply in relation to any decision on
a claim for long-term or retirement compensation in respect of diminution
of emoluments or loss or diminution of pension rights associated with diminution
of emoluments as they apply in respect of any decision mentioned in the said
paragraph (1):Provided that—

(i) 
no review shall take place after the date on which the claimant ceases to
hold the employment in which his emoluments were diminished, except a review
as at that date; and
(ii) 
while the claimant continues to hold that employment there shall be no limit
to the period within which a review may take place.
(5) Notwithstanding
anything contained in the foregoing provisions of this regulation, the compensating
authority shall review a decision (whether of the authority or the tribunal)
on a claim for long-term compensation for loss of employment or diminution
of emoluments after the expiration of any period within which a review is
required to be made if at any time—
(a) the claimant is engaged in employment (hereinafter referred to as
his 
“current employment”) the remuneration
whereof is payable out of public funds or by the compensating authority and
which he has undertaken in place of the employment he has lost or, as the
case may be, the employment in which his emoluments were diminished, and
(b) the aggregate
of the net emoluments of his current employment, of any superannuation benefit
by way of annual amounts payable to him in respect of the employment which
he has lost and of the long-term compensation payable to him exceeds the net
emoluments of such last-mentioned employment 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,
together with any superannuation benefit by way of annual amounts payable
to him in respect of the employment which he has lost, fall short of the net
emoluments of such last-mentioned employment or, as the case may be, the amount
of his net emoluments prior to their diminution.
(6) The compensating
authority shall give to a claimant not less than 14 days notice of any review
to be carried ont under this regulation otherwise than at his request.
(7) Nothing in
this regulation shall preclude the making of any adjustment of compensation
required by regulation 35 or 36
of these regulations.
39 

(1) In a case
where an annual sum which has been or might be awarded under these regulations
does not exceed £26, the compensating authority may, at their discretion,
compound their liability in respect thereof by paying a lump sum equivalent
to the capital value of the annual sum, and, if any lump sum payment has been
or might be awarded in addition to such annual sum under 
regulation 22, 23, 24 or 25 of these regulations,
the compensating authority may likewise discharge their liability in respect
thereof by an immediate payment.
(2) In any other
case the compensating authority may, if the person who has been awarded long-term
or retirement compensation requests them to do so and they, in their discretion,
after having regard to the state of health of that person and the other circumstances
of the case, deem fit, compound up to one quarter of their liability to make
payments under the award (other than payments to a widow, child or other dependant
under regulation 28
of these regulations) by the payment of an equivalent amount as a lump sum,
or, where any compensation has been awarded as a lump sum, by increasing that
compensation to such equivalent amount; and in calculating for this purpose
the liability of the authority to make such payments, account shall be taken
of the annual value of lump sum payments of compensation.
(3) The making
of a composition under paragraph (2) of this regulation in relation to an
award of long-term or retirement compensation shall not prevent the subsequent
making of a composition under paragraph (1) of this regulation in relation
to that award, but, subject as aforesaid, not more than one composition may
be made in relation to any award.
PART VII
40 

(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 writing, shall
set out the grounds on which the claim or request is made and shall state
whether any other claim for compensation has been made by the claimant under
these regulations.
(3) Resettlement compensation
shall be claimed separately from any other form of compensation claimable
under these regulations.
(4) The compensating
authority shall consider any such claim or request in accordance with the
relevant provisions of these regulations and shall notify the claimant in
writing of their decision—
(a) in the case
of a claim for resettlement compensation, not later than one month after the
receipt of the claim, and
(b) in the case
of a claim for, or request for the review of an award of, compensation under Part IV or Part V of these regulations,
not later than 13 weeks after the receipt of the claim or request, and
(c) in any other
case, as soon as possible 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, under regulation 47(1)
of these regulations, if he is aggrieved by the decision, to institute proceedings
before the tribunal, and giving him the address to which an application instituting
such proceedings should be sent.
41 

(1) Any person claiming
or receiving compensation or whose award of compensation is being reviewed
shall furnish all such information as the compensating authority 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 may reasonably require.
(3) Any person who
attends for interview as aforesaid may, if he so desires, be represented by
his adviser.
42 

(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 representatives.
(2) Where any such
claim is continued or made as aforesaid by personal representatives, the personal
representatives shall, as respects any steps to be taken or thing to be done
by them 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 they continue or make the claim shall be deemed for the purposes
of these regulations to be the claimant, and the relevant provisions of these
regulations shall be construed accordingly:Provided that the compensating
authority may in any such case extend the period within which a claim is required
to be made by regulation 7
or 13
of these regulations.
43 

(1) For the purpose
of determining the amount of any compensation payable in respect of the loss
of an office to which, or of any two or more offices to which in the aggregate,
an officer devoted substantially the whole of his time, any previous period
of part-time employment shall be treated as though it were whole-time employment
for a proportionately reduced period.
(2) For the purpose
of making any calculation under these regulations in respect of the reckonable
service of an officer, all periods of such service shall be aggregated, and,
if the aggregated service includes a fraction of a year, that fraction shall,
if it equals or exceeds 6 months, be treated as a year, and in any other case
be disregarded.
44 
In ascertaining for the purposes of these regulations whether,
and how far, the remuneration of alternative employment falls short of emoluments
which have been lost where those emoluments were payable in respect of two
or more part-time employments, the remuneration of the alternative employment
or of the aggregate of two or more such employments shall be apportioned in
the proportion which the emoluments of the part-time employments bore to each
other.
45 
In calculating for the purposes of these regulations the amount
of any emoluments lost, or the amount by which any emoluments have been diminished,
and in determining the net emoluments, the accrued pension or the accrued
retiring allowance of any person who has suffered such a loss or diminution,
no account shall be taken of any increase or decrease in the amount of the
person's emoluments which is attributable to any temporary variation of his
emoluments made in consequence of any of the provisions of a harbour reorganisation
scheme.
46 

(1) Subject to any
statutory provision in the 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.
47 

(1) Every claimant
who is aggrieved by any decision of the compensating authority with respect
to a compensation question, 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 13 weeks of the notification to him of the
decision or the expiry of the prescribed time, as the case may be, institute
proceedings for the determination of the question by the tribunal in accordance
with the rules of procedure laid down in the Industrial Tribunals (Employment and Compensation) Regulations
1967,
or, in Scotland, the Industrial Tribunals (Employment
and Compensation) (Scotland) Regulations 1967, and the tribunal shall determine the question
accordingly.
(2) 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.
(3) For the purpose
of any proceedings instituted pursuant to paragraph (1) of this regulation,
one or more person having special knowledge or experience in relation to the
subject matter of the reference may, under the appropriate regulations specified
in paragraph (1) of this regulation, be appointed, if it is thought fit, to
sit with the tribunal as assessor or assessors.
48 
Any sums paid to a compensating authority under regulation 27(1) of these regulations
in respect of returned contributions shall, except in so far as they are repaid
to the officers concerned, be applied for the payment of compensation which
the authority are liable to pay under Part V
of these regulations.
Given under the Official Seal of the Minister of Transport the
18th December 1967.
Barbara Castle
The Minister of Transport

THE SCHEDULE

TABLE I
 Capital value of £1
per annum payable for life
Age 
 Female Male
 £ s. d. £ s. d.
Under 35 15 11 0 15 3 0
35 and under 40 15 2 0 14 12 0
40 and under 45 14 11 0 13 19 0
45 and under 50 13 18 0 13 2 0
50 13 9 0 12 11 0
51 13 5 0 12 7 0
52 13 2 0 12 3 0
53 12 18 0 11 18 0
54 12 14 0 11 14 0
55 12 10 0 11 9 0
56 12 6 0 11 5 0
57 12 2 0 11 0 0
58 11 18 0 10 15 0
59 11 13 0 10 10 0
60 11 8 0 10 5 0
61 11 4 0 10 0 0
62 10 19 0 9 14 0
63 10 14 0 9 9 0
64 10 8 0 9 3 0
65 10 3 0 8 18 0
66 9 18 0 8 12 0
67 9 12 0 8 7 0
68 9 7 0 8 1 0
69 9 1 0 7 16 0
70 8 15 0 7 10 0NOTE:—This table
is for use in connection with regulation 39(1) and (2)
of these regulations for the compounding of annual retirement compensation
which a person is currently entitled to receive under 
regulation 22, 23, 24 or 25 of these regulations.
Where the compensation is payable before age 60 (females), 65 (males) but
will be reduced on the attainment of that age (in connection with National
Insurance pension) the table should be used in conjunction with Table II, i.e. Table II should be used for valuing
that part of the compensation which ceases to be payable at 60 (65) and this
table should be used for valuing the remainder.

TABLE II
 Capital Value

Age
 Female Male
 £ s. d. £ s. d.
Under 35 13 8 0 14 2 0
35 and under 40 12 5 0 13 3 0
40 and under 45 10 14 0 11 19 0
45 and under 50 8 13 0 10 8 0
50 7 3 0 9 6 0
51 6 12 0 8 18 0
52 6 0 0 8 9 0
53 5 7 0 7 19 0
54 4 13 0 7 10 0
55 3 18 0 6 19 0
56 3 3 0 6 8 0
57 2 6 0 5 17 0
58 1 9 0 5 4 0
59 10 0 4 11 0
60 — 3 17 0
61 — 3 2 0
62 — 2 6 0
63 — 1 8 0
64 — 10 0
NOTE:—This table
is for use in connection with regulation 39(1) and (2)
of these regulations for the compounding of any part of annual retirement
compensation which will cease to be payable on the attainment of age 60 (females),
65 (males). Table I
should be used in relation to the remainder of such compensation, i.e. the
part which is payable for life—see note on that table.

TABLE III
Age of widow at date of widowhood Capital value of £1 per annum as at date of widowhood
 Age of widow at date of widowhood Capital value of £1 per annum as at date of widowhood

 £ s. d.  £ s. d.
20 6 0 0 45 11 18 0
21 6 0 0 46 12 1 0
22 6 0 0 47 12 3 0
23 6 0 0 48 12 5 0
24 6 0 0 49 12 6 0
25 6 5 0 50 12 6 0
26 6 12 0 51 12 6 0
27 6 19 0 52 12 5 0
28 7 6 0 53 12 4 0
29 7 13 0 54 12 3 0
30 8 0 0 55 12 1 0
31 8 8 0 56 11 19 0
32 8 15 0 57 11 16 0
33 9 2 0 58 11 13 0
34 9 8 0 59 11 10 0
35 9 15 0 60 11 6 0
36 10 1 0 61 11 3 0
37 10 6 0 62 10 19 0
38 10 11 0 63 10 14 0
39 10 16 0 64 10 8 0
40 11 1 0 65 10 3 0
41 11 5 0 66 9 18 0
42 11 9 0 67 9 12 0
43 11 12 0 68 9 7 0
44 11 15 0 69 9 1 0
  70 8 15 0
NOTE:—This table
is for use in connection with regulation 39(1)
of these regulations for compounding annual compensation payable to a widow
under regulation 28
of these regulations. It should also be used, where a reduction of compensation
under regulation 28(4)
falls to be apportioned between the compensation payable under that regulation
and under regulation 29,
for ascertaining the capital value of annual compensation to a widow.

TABLE IV
Age Annual sum, payable
for life, equal in value to a lump sum of £100
 Female Male
 £ s. d. £ s. d.
Under 35 6 8 7 6 12 0
35 and under 40 6 12 5 6 17 0
40 and under 45 6 17 5 7 3 4
45 and under 50 7 3 11 7 12 8
50 7 8 8 7 19 4
51 7 10 11 8 1 11
52 7 12 8 8 4 7
53 7 15 0 8 8 1
54 7 17 6 8 10 11
55 8 0 0 8 14 8
56 8 2 7 8 17 9
57 8 5 3 9 1 10
58 8 8 1 9 6 0
59 8 11 8 9 10 6
60 8 15 5 9 15 1
61 8 18 7 10 0 0
62 9 2 8 10 6 2
63 9 6 11 10 11 8
64 9 12 4 10 18 7
65 9 17 0 11 4 9
66 10 2 0 11 12 7
67 10 8 4 11 19 6
68 10 13 11 12 8 5
69 11 1 0 12 16 5
70 11 8 7 13 6 8
NOTE:—This table
is for use in connection with regulation 27(1)
of these regulations for ascertaining the annual amount by which retirement
compensation under regulation 22, 23 or 24
of these regulations is to be reduced where a claimant has not paid to the
compensating authority an amount equal to any sum paid to him by way of superannuation
contributions or that amount has been repaid to him by the compensating authority
at his request. It should also be used in connection with regulation 39(2) of these regulations
for calculating for the purposes of that paragraph the annual value of retirement
compensation awarded as a lump sum.

TABLE V
Age of widow at date of widowhood Annual amount equal in value to a lump sum of £100
 Age of widow at date of widowhood Annual amount equal in value to a lump sum of £100

 £ s. d.  £ s. d.
20 16 13 4 45 8 8 1
21 16 13 4 46 8 6 0
22 16 13 4 47 8 4 7
23 16 13 4 48 8 3 3
24 16 13 4 49 8 2 7
25 16 0 0 50 8 2 7
26 15 3 0 51 8 2 7
27 14 7 9 52 8 3 3
28 13 14 0 53 8 3 11
29 13 1 5 54 8 4 7
30 12 10 0 55 8 6 0
31 11 18 1 56 8 7 4
32 11 8 7 57 8 9 6
33 10 19 9 58 8 11 8
34 10 12 9 59 8 13 11
35 10 5 2 60 8 17 0
36 9 19 0 61 8 19 5
37 9 14 2 62 9 2 8
38 9 9 7 63 9 6 11
39 9 5 2 64 9 12 4
40 9 1 0 65 9 17 0
41 8 17 9 66 10 2 0
42 8 14 8 67 10 8 4
43 8 12 5 68 10 13 11
44 8 10 3 69 11 1 0
  70 11 8 7
NOTE:—This table
is for use in connection with regulation 28(4)
of these regulations for ascertaining the annual amount by which compensation
to a widow is to be reduced in the circumstances described in that paragraph.
If a reduction is required to be apportioned between compensation payable
under regulations 28 and 29
of these regulations, the capital value of annual compensation to a widow
should be ascertained by reference to Table III.


TABLE VI
Outstanding number of complete
years of long-term compensation Capital value
of each £100 of the total amount of long-term compensation
 Female Male
 £ s. d. £ s. d.
0 98 8 0 98 4 0
1 95 4 0 94 16 0
2 92 2 0 91 10 0
3 89 4 0 88 6 0
4 86 8 0 85 8 0
5 83 16 0 82 14 0
6 81 6 0 80 2 0
7 78 18 0 77 14 0
8 76 14 0 75 8 0
9 74 12 0 73 4 0
10 72 12 0 71 4 0
11 70 12 0 69 6 0
12 68 16 0 67 10 0
13 67 0 0 65 14 0
14 65 6 0 64 2 0
15 63 14 0 62 10 0
16 62 2 0 61 0 0
17 60 12 0 59 12 0
18 59 4 0 58 4 0
19 57 16 0 56 18 0
20 56 10 0 55 12 0
21 55 4 0 54 8 0
22 54 0 0 53 4 0
23 52 16 0 52 0 0
24 51 12 0 50 18 0
25 50 10 0 49 18 0
26 49 8 0 48 18 0
27 48 8 0 47 18 0
28 47 8 0 46 18 0
29 46 8 0 45 18 0
30 45 10 0 45 0 0
NOTE:—This table
is for use in connection with regulation 39(1) and (2)
of these regulations for compounding awards of long-term compensation under Part IV of the regulations. The
total amount of the annual long-term compensation which is to be compounded
must first be calculated, i.e. the amount which the person would receive on
account of that compensation, or the part of it which is to be compounded,
if it were paid until “normal retiring age” (as defined in the
regulations). For each £100 so calculated, the lump sum payment will
be the amount shown in the table according to the number of complete years
in the period between the date of compounding and “normal retiring age.”

