
PART I
1 
These regulations may be cited as the Redundant Association Officers
Compensation Regulations 1967 and shall come into operation on 31st January
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:—
 “Association” means an Association established for the purposes of the Auxiliary Forces Act 1953;

 “annual emoluments” means the annual rate of fixed salary or wages excluding commissions,
bonuses, allowances for overtime and other fluctuating emoluments;

 “net annual emoluments”
 means—
(a) in relation to employment as an officer of
an Association which has been lost or the emoluments of which have been diminished,
the annual rate of the emoluments of that employment immediately before such
loss or the commencement of such diminution less such part of those emoluments
as the officer was then liable to contribute under the relevant pension scheme,
and
(b) in relation to any other employment, the annual rate of
the emoluments of that employment at the time in question, less such part
of those emoluments as the employed person was then liable to contribute under
any pension scheme associated with his employment;
 “long term compensation”
 has the meaning assigned to it by regulation 12;
 “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 employer;
 “normal retiring age”
means the age of sixty-five years;
 “officer of an Association”
 means any person in the employment of
an Association and does not include the president, vice-president and members
of an Association;
 “pensionable officer”
means an officer of an Association entitled to participate
in the benefits of a relevant pension scheme;
 “pension scheme” means a scheme, arrangement, contract or regulation providing for the
payment of superannuation benefits to a person as part of the terms and conditions
of any employment held by him; but does not include regulations providing
for payment of gratuities on termination of employment unless such regulations
are made for the purposes of a contributory pension scheme;
 “qualifying date” means, in relation to a person who has suffered loss of employment or
diminution in emoluments as an officer of an Association—
(a) if on the coming into force of these regulations
he was employed on the civilian staff of a unit of or headquarters of a formation
of the Territorial Army, the 31st March 1967,
(b) if on the coming into force of these regulations he was otherwise
employed, the 31st March 1968, unless he suffered the loss of employment or began to
suffer the diminution in emoluments before the date which would otherwise
be the qualifying date in relation to him, when “qualifying date”
means the date of the loss or commencement of the diminution
as the case may be;
 “reckonable service”
means any period of whole-time or part-time employment
in relevant employment which is not (unless these regulations otherwise provide)
a period in respect of which superannuation benefits have been paid otherwise
than under the relevant pension scheme;
 “relevant cause” in relation
to a loss of employment or diminution in emoluments as an officer of an Association
means—
(a) a change in the activities of an Association
or a proposal to change its activities consequent upon the reconstitution
of the Territorial Army in 1967, or
(b) a change in the activities of an Association taking place or a
proposal to change its activities made in the years 1966, 1967, 1968 or 1969,
by reason of powers and duties previously transferred or assigned to it under section 6 of the Auxiliary Forces Act 1953
no longer being so assigned or transferred, or
(c) a winding-up of an Association taking place or a proposal to wind
up an Association made during the years 1966, 1967, 1968 or 1969, or any combination of those causes;
 “relevant employment”
means—
(a) employment as an officer of an Association,

(b) employment preceding employment as an officer of an Association
which is reckonable for the purposes of the relevant pension scheme or of
regulations providing for payment of gratuities on termination of employment
as such an officer, or in respect of which a contribution has been made to
the relevant pension scheme, or
(c) other employment approved by the Secretary of State as being relevant
employment in the case of a particular officer;
 “relevant pension scheme”
 means in relation to a person who has
lost his employment or suffered a diminution in emoluments as an officer of
an Association the pension scheme applying to him as such an officer immediately
before the loss or the commencement of the diminution;
 “resettlement compensation”
 has the meaning assigned to it by regulation 7;
 “retirement compensation”
 has the meaning assigned to it by regulation 17;
 “superannuation benefit”
 means any payment, whether by way of
pension or periodic payment or otherwise, payable to a person by reason of
his employment terminating, whether under a superannuation scheme, under the
conditions of his employment or under any statutory provision or prerogative
instrument relating to service under the Crown, not being a payment made by
virtue of these regulations.
(2) Where under any provision
of these regulations an annual value is to be assigned to a capital sum or
a capital value to an annual amount, the annual or capital value shall be
ascertained in accordance with tables for the time being approved by the Secretary
of State for the purposes of these regulations.
(3) The Interpretation Act 1889
shall apply to the interpretation of these regulations as it applies to the
interpretation of an Act of Parliament.
PART II
3 

(1) An officer of an
Association who has suffered loss of employment with that Association through
a relevant cause, but
(a) is taken into
the civil service of the State in circumstances in which section 33 of the Superannuation Act 1965applies,
or
(b) takes up, in
place of his previous employment, employment with another Association,shall not for the purposes of these regulations be regarded as
having lost his employment as an officer of the Association by which he was
first employed.
(2) No compensation
shall be payable under these regulations in respect of any loss of employment
in the civil service of the State.
4 

(1) If a person in national
service who has been employed as an officer of an Association and would be
so employed but for that national service is not offered re-employment in
his former office on the conclusion of that national service, or is offered
re-employment with emoluments less than those which he would have enjoyed
had his employment not ceased by reason of his national service, he shall
for the purposes of these regulations be deemed to have lost his employment
or suffered a diminution in his emoluments, as the case may be, as such an
officer;Provided that this regulation
shall not apply to a person who has not before the expiry of two months from
the cessation of national service, or, if prevented by sickness or other reasonable
cause, as soon as practicable thereafter, given notice to the Association
by which he was employed that he is or will be available for employment.
(2) For the purpose
of these regulations the date at which such a person as is referred to in
paragraph (1) of this regulation is deemed to have lost his employment as
an officer of an Association shall be the earlier of the two following dates,
that is to say:—
(a) the date of
refusal of re-employment, or
(b) the date one
month after the date on which he gave notice that he was or would be available
for employment:and he shall on the date on which he is deemed to have lost his
employment be deemed to have been entitled to the emoluments which he would
have enjoyed on that date had he continued in his employment without having
been engaged in national service.
5 
These regulations apply in relation to persons employed by the
body commonly known as the Council of Territorial and Auxiliary Forces Associations
as they apply in relation to officers of Associations, and accordingly references
to officers of an Association and references to an Association or to Associations
shall be construed as including references to persons so employed and references
to that Council respectively.
6 
If ten years or more after the qualifying date a person suffers
loss of employment as an officer of an Association or a diminution in his
emoluments as such begins, that loss or diminution shall not be regarded as
being due to a relevant cause.
PART III
7 

(1) 
Subject to the provisions of these regulations, compensation under this Part
of these regulations (referred to in these regulations as “resettlement compensation”
) may be paid to a person who since the coming
into force of these regulations has lost his employment as an officer of an
Association if
(a) in the opinion
of the Secretary of State the loss of employment was due to a relevant cause;

(b) the person
had been for a period of not less than three years immediately preceding the
qualifying date continuously engaged (which for the purposes of this regulation
means without breaks of more than six months in the aggregate) for the whole
or part of his time in relevant employment;
(c) the person
had at the date of the loss of employment not attained normal retiring age;

(d) the person
has made a claim for resettlement compensation in accordance with the provisions
for making claims set out in Part X
of these regulations not later than thirteen weeks after the loss of employment
which is the cause of his claim; and
(e) the person
has not, subject to paragraph (3) of this regulation, been offered any reasonably
comparable employment under the Crown or by an Association.
(2) In determining
for the purposes of this regulation whether a person has been offered employment
which is reasonably comparable with the employment which he has lost no account
will be taken of the fact that the duties of the employment offered are duties
which involve a transfer of his employment from one place to another within
England and Wales, within Scotland, within Northern Ireland or within the
Isle of Man.
(3) No account shall
be taken for the purposes of this regulation of an offer of employment which
a person has refused before the coming into operation of these regulations
or of any offer of employment where the Secretary of State is satisfied—

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

(1) Subject to the
provision of paragraph (2) of this regulation, the amount of resettlement
compensation which may be paid to a person 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 annual emoluments which that person has lost and deducting
therefrom such of the following items as may be applicable:—
(a) two thirds
of the net annual emoluments received by him in respect of that week from
work or employment which he has undertaken since the loss;
(b) any periodical
payment paid or immediately payable in respect of such week by virtue of the
relevant pension scheme.
(2) Resettlement compensation
may be withheld or reduced to take into account any payments to which the
person to whom it is payable becomes entitled in consequence of the loss of
his employment under any contract or arrangement with an Association by whom
he was employed (other than payments by way of a return of contributions under
a pension scheme or in respect of which deductions have been made under paragraph
(1) of this regulation) as well as for the purpose of effecting a deduction
for a redundancy payment or for national insurance benefits in accordance
with regulation 27.

(3) For the purposes
of this regulation the weekly rate of a person's net annual emoluments shall
be deemed to be seven three hundred and sixty-fifths of those emoluments.

9 
Subject as hereinafter provided, resettlement compensation shall
be payable only in respect of the period of thirteen weeks next succeeding
the week in which the person to whom it is payable lost the employment in
respect of which the compensation is payable or, in the case of a person who
has at the date of losing that employment attained the age of forty-five years,
the said thirteen weeks extended by one additional week for every year by
which his age then exceeds the age of forty-five years, subject to a maximum
addition of thirteen such weeks.
10 
Every person claiming or in receipt of resettlement compensation
shall (after as well as before the compensation begins to be paid)—

(a) forthwith supply
the Secretary of State 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 Secretary
of State so requires, so long as he is out of employment and is not receiving
sickness or injury benefit, register with the Ministry of Labour.
11 
Resettlement compensation shall cease to be payable if the person
to whom it is payable, on being requested to do so, fails to satisfy the Secretary
of State that, so far as he is able, he is seeking suitable employment.
PART IV
12 

(1) 
Subject to the provisions of these regulations, compensation under this Part
of these regulations (referred to in these regulations as “long term compensation”
) may be paid to a person who since the coming
into force of these regulations has lost employment as an officer of an Association
or has suffered a diminution in his emoluments as such an officer if
(a) in the opinion
of the Secretary of State the loss of employment or diminution in emoluments
was due to a relevant cause;
(b) the person
had been for a period of not less than eight years immediately preceding the
qualifying date continuously engaged (which for the purposes of this regulation
means without a break of more than twelve months at any one time) for the
whole or part of his time in relevant employment;
(c) the person
had at the date of the loss of employment or commencement of diminution in
emoluments not attained normal retiring age;
(d) the person
has made a claim for compensation in accordance with the procedure for making
claims set out in Part X
of these regulations not later than two years after the loss of employment
or commencement of the diminution in emoluments in respect of which the claim
is made; and
(e) in the case
of a claim in respect of loss of employment he has not been offered any reasonably
comparable employment under the Crown or by an Association.
(2) 
Regulation 7(2)and (3) of these regulations
(which relate to offers of employment) shall apply for the purposes of this
regulation as they apply for the purposes of regulation 7.

13 

(1) For the purpose
of determining whether compensation should be paid under this Part of these
regulations, and if so the amount of the compensation (subject to the limits
set out in these regulations), regard shall be had to the following factors,
that is to say:—
(a) the conditions
upon which a person claiming compensation for loss of employment held that
employment, including in particular its security of tenure, whether by law
or by practice;
(b) the emoluments
and other conditions, including security of tenure, whether by law or practice,
of any work or employment undertaken by a person claiming compensation for
loss of employment since the loss;
(c) the extent
to which a person claiming compensation 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 (not being a
payment in respect of which a deduction falls to be made under regulation 27);
(e) all the other
circumstances of his case.
(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) shall apply as
it applies for the purposes of regulation 7.

14 

(1) Subject to the
provisions of these regulations, long term compensation for loss of employment
may be paid until the normal retiring age or death of a person to whom it
is payable, whichever first occurs, but 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 reckonable service of the person to whom the compensation is payable,
one sixtieth of the net annual emoluments which he has lost; and
(b) in the case
of a person who has attained the age of forty years at the date of the loss,
a sum calculated in accordance with the provisions of paragraph (3) of this
regulation as being appropriate to his age at that date:Provided that the
said maximum annual sum shall not in any case exceed a sum equivalent to two
thirds of the net annual emoluments which he has lost reduced in accordance
with paragraph (4) of this regulation.
(3) The sum referred
to in sub-paragraph (b) of the last foregoing
paragraph shall be—
(a) in the case
of a person who has attained the age of forty years but has not attained the
age of fifty years at the date of the loss, the following fraction of the
net annual emoluments which he has lost—
(i) where his
reckonable service is less than ten years, one sixtieth for each year of such
service after attaining the age of forty years; or
(ii) where
his reckonable service amounts to ten years but is less than fifteen years,
one sixtieth for each year of such service after attaining the age of forty
years and one additional sixtieth; or
(iii) where
his reckonable service amounts to fifteen years but is less than twenty years,
one sixtieth for each year of such service after attaining the age of forty
years and two additional sixtieth; or
(iv) where
his reckonable service amounts to twenty years or more, one sixtieth for each
year of such service after attaining the age of forty years and three additional
sixtieths;but the sum so calculated shall not in any case exceed one sixth
of the said net annual emoluments;
(b) in the case
of a person who has attained the age of fifty years but has not attained the
age of sixty years at the date of the loss, one sixtieth of the said net annual
emoluments for each year of his reckonable service after attaining the age
of forty years, up to a maximum of fifteen such years; and
(c) in the case
of a person who has attained the age of sixty years at the date of the loss,
one sixtieth of the said net annual emoluments for each year of the claimant's
reckonable service after attaining the age of forty-five years.
(4) In order to calculate
the maximum annual sum referred to in paragraph (1) of this regulation (in
addition to deduction from long term compensation for a redundancy payment
or for national insurance benefits effected in accordance with regulation 27) the following deductions
shall be made from the aggregate of the sums referred to in paragraph (2)
of this regulation:—
(a) a deduction
equivalent to the amount of any resettlement compensation paid in respect
of a period in respect of which long term compensation under this regulation
is also payable; and
(b) a deduction
equivalent to the amount of any payment of pension or other periodic payment
under the relevant pension scheme payable in respect of a period in respect
of which long term compensation under this regulation is also payable.
15 
Long term compensation for diminution in emoluments may, subject
to the provisions of these regulations, be paid until the normal retiring
age or death of a person to whom it is payable, whichever first occurs, but
shall not exceed the annual sum which bears to the maximum annual sum which
could have been awarded to him under regulation 14,
if he had suffered loss of employment, the same ratio as the amount by which
his net annual emoluments have been diminished bears to his net annual emoluments
before diminution, so, however, that no compensation shall be payable under
this regulation if this ratio is less than 2½%.
16 

(1) Long term compensation
may be paid with effect from the date on which the claim for such compensation
is received by the Secretary of State or from such earlier date as is mentioned
in the succeeding provisions of this regulation.
(2) Where a claim for
long term compensation is submitted within thirteen weeks of the occurrence
of the loss or commencement of the diminution which is the subject of the
claim, the compensation may be made payable with effect from the date on which
the loss occurred or the diminution commenced.
(3) Where a claim for
long term compensation is submitted after the expiry of the period mentioned
in the last foregoing paragraph, the compensation may be made payable with
effect from a date not earlier than thirteen weeks prior to the date on which
the claim was received:Provided that if the
Secretary of State is 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 compensation may
be made payable with effect from a date not earlier than that on which the
loss occurred or the diminution commenced.
PART V
17 

(1) 
Subject to the provisions of these regulations, compensation under this Part
of these regulations (referred to in these regulations as “retirement compensation”
) may be paid in the cases provided for in the
following provisions of this Part to a person who after attaining the age
of forty years has lost his employment as a pensionable officer of an Association
or has suffered a diminution in his emoluments as such an officer if
(a) in the opinion
of the Secretary of State the loss of employment or diminution in emoluments
was due to a relevant cause;
(b) the person had
been for a period of not less than eight years immediately preceding the qualifying
date continuously engaged (which for the purposes of this regulation means
engaged without a break of more than twelve months at any one time) for the
whole or part of his time in relevant employment;
(c) the person had
at the date of the loss of employment or commencement of diminution in emoluments
not attained normal retiring age;
(d) the person has
made a claim for compensation in accordance with the procedure for making
claims set out in Part X
of these regulations not later than two years after the loss of employment
or commencement of the diminution in emoluments in respect of which the claim
is made;
(e) the person has
subsequently been granted a pension under the relevant pension scheme either
on reaching normal retiring age, or by virtue of any provision of the relevant
pension scheme providing for payment of a reduced pension on retirement before
that age; and
(f) the person is
a person who in accordance with regulation 18
is deemed to have made further or increased contributions to the relevant
pension scheme.
(2) For the purposes
of this regulation a lump sum payable to a person under a pension scheme to
which he has contributed shall be regarded as a pension.
18 

(1) For the purpose
of computing the amount of retirement compensation which may be paid to such
a person as is mentioned in regulation 17—

(a) if he has lost
his employment, there shall be deemed to have been made after the loss further
contributions to the relevant pension scheme at the rate at which contributions
were being made immediately before the loss of employment, or
(b) if he has suffered
a diminution in emoluments, the contributions made after the commencement
of the diminution shall be deemed to have been increased to the rate at which
contributions were being made immediately before the diminution began,for the period specified in the following paragraph of this regulation.

(2) The period for which
by virtue of this regulation contributions are deemed to have been made or
increased, as the case may be, shall comprise the sum of the following periods—

(a) two years, whether
or not he has completed any years of service after attaining the age of forty
years, and
(b) two years for
each of the first four completed years of his reckonable service between the
date when he attained the age of forty years and the date of the loss, and

(c) one year for
each such year of service after the fourth;but 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 his reckonable service, or
(iii) fifteen
years.
(3) When retirement
compensation is awarded or when an award is reviewed under regulation 32 the periods specified
in paragraph (2) of this regulation may be reduced to such extent as the Secretary
of State may think reasonable having regard to the pension scheme (if any)
attaching to any further employment obtained by the person to whom the compensation
has been awarded.
(4) In this regulation
reckonable service includes service in respect of which superannuation benefits
have been paid or are immediately payable.
19 
The retirement compensation which may be paid to such a person
as is mentioned in regulation 17
who has reached normal retiring age without previously having been in receipt
of retirement compensation shall be the equivalent of the difference between
the pension and the lump sum or either of them paid to him under the relevant
pension scheme and the pension and the lump sum or either of them to which
he would have been entitled under that scheme if,—
(a) where retirement
compensation is payable by reason of loss of employment, there had been made,
in addition to the actual contributions made, the further contributions which,
by virtue of regulation 18,
are deemed to have been made,
(b) where retirement
compensation is payable by reason of diminution in emoluments, there had been
made the increased contributions which, by virtue of that regulation, are
deemed to have been made,
subject to any deduction for a redundancy payment effected
in accordance with regulation 27.

20 

(1) The retirement compensation
which may be paid to such a person as is mentioned in regulation 17 who has been granted
a pension before reaching normal retiring age shall be the equivalent of the
retirement compensation payable to him on attaining normal retiring age, adjusted—

(a) so that the
period during which for the purpose of computing retirement compensation further
contributions or increased contributions are deemed to have been made does
not extend beyond the date on which the claim for compensation under this
regulation is received by the Secretary of State;
(b) by such a reduction
as shall appear to the Secretary of State to be appropriate having regard
to the period by which payment of retirement compensation to a person under
this regulation precedes his attaining normal retiring age; and
(c) by any reduction
for a redundancy payment effected in accordance with regulation 27.
(2) The Secretary of
State will notify a person claiming compensation under this regulation whether
compensation under this regulation may be paid and if so the amount of such
compensation.
(3) Retirement compensation
shall not be payable under this regulation to a person unless—
(a) he has submitted
a claim to the Secretary of State in writing to be paid retirement compensation
under this regulation, and
(b) within one month
after receiving a notification by the Secretary of State that retirement compensation
under this regulation will be payable and of the amount thereof, he has in
writing informed the Secretary of State of his desire to receive that amount
as retirement compensation.
(4) Where retirement
compensation is payable under this regulation, the first annual sum payable
shall be payable in respect of the year beginning on the date on which the
Secretary of State received the claim.
(5) Long term compensation
shall not be payable to a person in respect of a period in respect of which
retirement compensation is payable to him.
21 

(1) If, under the relevant
pension scheme, a pension is paid to such a person as is mentioned in regulation 17 for the joint lives
of himself and his spouse or a dependant, and thereafter to the survivor for
his life, retirement compensation may be similarly paid.
(2) Accordingly in such
a case regulations 19 and 20
shall have effect as if the references to pensions paid to such a person as
is mentioned in regulation 17
were references to joint pensions, and as if references to payment of retirement
compensation to such a person were references to payment of retirement compensation
in accordance with paragraph (1)
of this regulation.
PART VI
22 
This Part of these regulations applies to persons who
(a) had been for a
period of not less than eight years immediately before the qualifying date
continuously engaged (which for the purposes of this regulation means engaged
without breaks of more than twelve months at any one time) for the whole or
part of their time in relevant employment;
(b) had suffered loss
of employment or diminution in emoluments as pensionable officers of Associations,
and in the opinion of the Secretary of State the loss or diminution was due
to a relevant cause;
(c) had at the date
of the loss of employment or diminution in emoluments not attained normal
retiring age; and
(d) have died since
the loss or commencement of the diminution.
23 
If a pension which has been payable to a person to whom this Part
of these regulations applies continues by virtue of the relevant pension scheme
to be paid to his personal representatives for a period after the death or
a part of the pension continues to be so paid, retirement compensation or
a proportionate part of retirement compensation as appropriate may continue
to be paid for a like period.
24 

(1) If the personal
representatives of, or the widow, child or other dependant of, a person to
whom this Part of these regulations applies receive a payment under the relevant
pension scheme by reason of the death of that person, and that payment is
calculated by reference to contributions which have been made to that scheme,
or is made by virtue of a policy of assurance effected under the scheme, the
premiums of which policy are defrayed by contributions thereto, an additional
sum may be paid by the Secretary of State which shall not exceed the sum calculated
in accordance with paragraph (2) of this regulation.
(2) The maximum sum
payable under this regulation shall be the equivalent of the difference between
the sum paid under the relevant pension scheme and the sum which would have
been paid if there had been made the further contributions or increased contributions
deemed to have made in accordance with regulation 18
for the purpose of computing the amount of retirement compensation which might
have been paid to the deceased person, not being contributions deemed to have
been made during any part of the period specified in that regulation which
extends beyond his death.
PART VII
25 

(1) This regulation
applies to persons who have been in receipt of long term compensation by reason
of loss of employment as non-pensionable officers of Associations and have
reached normal retiring age.
(2) If the Secretary
of State is satisfied that a person to whom this regulation applies lost his
employment through a relevant cause and would, but for that loss, have continued
to be an officer of an Association for a substantial period beyond normal
retiring age, that person may be paid compensation for the rest of his life
at a rate equivalent to half the rate at which long term compensation was
payable to him immediately before he attained normal retiring age, subject
to any set off of a redundancy payment effected in accordance with regulation 27.
26 

(1) This regulation
applies to persons who suffer loss of employment as non-pensionable officers
of Associations on or after normal retiring age in circumstances which would,
if they had suffered the loss before attaining that age, have rendered them
eligible for payment of long term compensation in accordance with Part IV of these regulations.

(2) If the Secretary
of State is satisfied that a person to whom this regulation applies lost his
employment through a relevant cause and would, but for that loss, have continued
to be an officer of an Association beyond normal retiring age for a further
substantial period, that person may be paid compensation for the remainder
of his life at half the rate of long term compensation which would have been
payable under regulation 14
had he not attained normal retiring age when he lost the employment.
PART VIII
27 

(1) A deduction shall
be made from compensation payable to a person under these regulations by reason
of loss of employment as an officer of an Association of a sum equivalent
to any payments assessed in accordance with the Redundancy Payments Act 1965which
are made to him by reason of that loss.
(2) A deduction shall
be made from resettlement compensation payable to a person under these regulations
of a sum equivalent to any national insurance benefits claimable by him in
respect of a period in respect of which resettlement compensation is also
payable.
(3) A deduction shall
be made from long term compensation payable to a person under these regulations
by reason of loss of employment as an officer of an Association of a sum equivalent
to the amount by which the aggregate of the national insurance benefits claimable
by him in respect of a week in respect of which long term compensation is
also payable, and the weekly rate at which long term compensation, but for
this regulation, would be payable, exceeds two thirds of the weekly rate of
the net annual emoluments as such an officer which he has lost.
(4) The deduction
under this regulation of a sum from compensation shall be effected by reducing
the compensation to such extent and for such period as the Secretary of State
may determine until the sum has been deducted.
(5) 
(a) In this regulation 
“national insurance benefits” means unemployment, sickness or injury benefits claimable under the statutes
relating to national insurance (excluding any amount claimable in respect
of a dependant).
(b) For the purposes
of this regulation the weekly rate at which long term compensation is payable
shall be deemed to be seven three hundred and sixty-fifths of the annual rate
at which long term compensation is payable at the time in question, and the
weekly rate of net annual emoluments shall be deemed to be seven three hundred
and sixty-fifths of those emoluments.
28 

(1) If a person has
been employed in any relevant employment and under the conditions of his service
in that employment for all or any part of it worked for less hours than are
normally worked by persons in that employment (excluding overtime) for the
purpose of calculating compensation under these regulations his reckonable
service shall be proportionately reduced.
(2) For the purpose
of calculating compensation under these regulations:—
(a) periods of
reckonable service shall be aggregated;
(b) if the total
reckonable service amounts to a fraction of a year, or to a complete year
or complete years and a fraction of a year, the fraction shall if it equals
or exceeds six months be treated as a year, and if not shall be disregarded.

29 
Resettlement and long term compensation may be paid to a person
at intervals corresponding to those at which his emoluments as an officer
of an Association were paid, and compensation awarded as annual sums under Parts V, VI and VII of these regulations
may be paid to a person at intervals equivalent to those at which a corresponding
benefit would have been payable under the relevant pension scheme if any,
or in either case at such intervals as may be agreed between the recipient
and the Secretary of State, or in the absence of agreement as may be determined
by the Secretary of State.
30 

(1) Subject to paragraph
(2) of this regulation, compensation under these regulations payable to a
person may be paid to his authorised representative or agent for the benefit
of that person; but, subject to any statutory provision providing for other
payment, not otherwise.
(2) Where a person
to whom compensation under these regulations might have been paid has died,
any compensation by way of a lump sum which might have been paid to that person
before his death, and any compensation by way of a periodic payment relating
to a period before his death which might have been paid to him, may be paid
to his personal representatives, and his personal representatives may present
a claim for any such compensation, and reference to the submission or making
of claims by a person shall be construed accordingly.
31 
Where a person in receipt of 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 receives national insurance benefits as defined by regulation 27 he shall forthwith
inform the Secretary of State in writing of that fact.
PART IX
32 

(1) A decision of the
Secretary of State as to eligibility for long term compensation or retirement
compensation or as to the amount of such compensation may, subject to the
following provisions of this regulation, be reviewed by him from time to time,
and as a result of a review of such compensation he may vary his decision.

(2) A person to whom
such a decision as is mentioned in paragraph (1) relates may request the Secretary
of State to carry out a review under that paragraph if that person considers
that there has been a change in the circumstances of his case which is material
for the purposes of these regulations.
(3) No review under
paragraph (1) of this regulation of a decision on eligibility for long term
compensation for loss of employment as an officer of an Association or on
the amount of such compensation shall take place more than two years after
the initial decision of the Secretary of State thereon has been notified to
the person to whom the decision relates except in the cases provided for in
the following provisions of this regulation.
(4) No review under
paragraph (1) of this regulation of a decision on eligibility for long term
compensation for diminution in emoluments as an officer of an Association
or on the amount of such compensation shall take place after the person to
whom the decision relates ceases to be employed as such an officer except
a review which takes into account the circumstances obtaining on that person
ceasing to be so employed, and except in the cases provided for in the following
provisions of this regulation.
(5) A decision as to
the amount of long term compensation for loss of employment as an officer
of an Association may be reviewed after the expiration of the period mentioned
in paragraph (3) of this regulation if—
(a) the decision
took into account the emoluments of other employment;
(b) that other
employment has been lost by the person to whom the decision relates or its
emoluments have been reduced; and
(c) the Secretary
of State is satisfied that the loss or reduction was not by reason of the
misconduct or inefficiency of that person, and is causing him hardship.
(6) A decision as to
the amount of long term compensation for loss of employment or for diminution
in emoluments as an officer of an Association may be reviewed (notwithstanding
the expiration of the period mentioned in paragraph (3) of this regulation
and notwithstanding the provisions of paragraph (4)) if the person to whom
the decision relates is for the time being engaged in employment the remuneration
of which is payable out of public funds (including employment as an officer
of an Association), and if the aggregate of the net annual emoluments of that
employment and the long term compensation payable to him exceeds the net annual
emoluments of the employment as an officer of an Association which he has
lost:Provided that on such
a review the long term compensation shall not be reduced below the amount
by which the net annual emoluments of the employment in which he is for the
time being engaged fall short of the net annual emoluments of the employment
as an officer of an Association which he has lost or, as the case may be,
the employment as such in which his emoluments were diminished.
(7) Not less than 14
days' notice of a review under this regulation shall be given to the person
to whom the decision to be reviewed relates, unless the review is carried
out at his request.
(8) Nothing in this
regulation shall preclude the making of any adjustment of compensation provided
for by Part VIII
or Part X
of these regulations.
33 

(1) In a case where
an annual sum which has been or might be paid under these regulations does
not exceed £26, the Secretary of State may commute the annual sum by
paying a lump sum equivalent to the capital value of the annual sum.
(2) In any other case
the Secretary of State may, if a person to whom long term or retirement compensation
is payable requests him to do so and the Secretary of State, after having
regard to the state of health of that person and the other circumstances of
the case, thinks fit, permit the commutation of up to one quarter of the annual
sum payable (not being a sum payable to a spouse or dependant under Part VI of these regulations)
by the payment of an equivalent amount as a lump sum or, where any compensation
is payable as a lump sum, by increasing that compensation to such equivalent
amount; and in calculating for this purpose annual sums payable, 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 long term
or retirement compensation shall not prevent the subsequent making of a composition
under paragraph (1)
of this regulation in relation to that compensation, but, subject as aforesaid,
not more than one composition may be made in relation to any one form of compensation.

(4) In lieu of paying
a person retirement compensation or compensation under Part VI of these regulations the
Secretary of State may arrange with the authority administering the relevant
pension scheme that sums payable under the scheme to that person shall be
increased by an amount equivalent to the amount of the compensation which
but for this paragraph would have been payable and may make any payment which
may be required to secure the payment of the increase.
PART X
34 

(1) Every claim for
compensation under these regulations and every request for a review of long
term or retirement compensation shall be made to the Secretary of State in
a form approved by him for the purpose and shall state whether any other claim
for compensation has been made by the claimant under these regulations.
(2) Resettlement compensation
shall be claimed separately from any other form of compensation claimable
under these regulations.
(3) The decision of
the Secretary of State on a claim shall be notified to a claimant in writing,
shall give reasons for the decision, shall show how compensation which the
Secretary of State has determined to be payable has been calculated, and shall
specify any factors to which, in accordance with these regulations, regard
has been had and by reason of which less than the maximum compensation provided
for by these regulations is to be paid.
35 

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

36 
Except in so far as the Secretary of State may otherwise direct,
compensation under these regulations shall not be payable to a person while
he does not comply with regulation 10, 31, 34 or 35,
and any compensation paid in error during a period of non-compliance may be
recovered (without prejudice to any other right of recovery there may be)
by deduction from any compensation payable under these regulations.
Denis Healey
One of Her Majesty's Principal Secretaries of State
24th January 1967We consent.
Harry Gourlay
George Lawson
Two of the Lords Commissioners of Her Majesty's Treasury
24th January 1967