
PART I
1 
These Regulations may be cited as the Justices of the Peace Act
1968 (Compensation) Regulations 1969 and shall come into operation on 1st
April 1969.
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 his last relevant pension scheme provided benefits
in which he had a right to participate, the pension to which he would have
become entitled in respect of his pensionable service according to the method
of calculation, modified where necessary in accordance with Regulation 18(2), prescribed by
that scheme if, at the date on which he ceased to be subject to that scheme,
he had attained normal retiring age and complied with any requirement of that
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; and
(b) in any other case, such portion of the pension (if any) of which
he had reasonable expectations as the determining 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;
 “accrued retiring allowance”
, in relation to a pensionable officer who has suffered loss
of employment, means—
(a) if his last relevant pension scheme provided
benefits in which he had a right to participate, any lump sum payment to which
he would have become entitled in respect of his pensionable service according
to the method of calculation, modified where necessary in accordance with Regulation 18(2), prescribed by
that scheme if, at the date on which he ceased to be subject to that scheme,
he had attained normal retiring age and complied with any requirement of that
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; and
(b) in any other case, such portion of the lump sum payment
(if any) of which he had reasonable expectations as the determining 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;
 “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 attaining normal retiring age shall
be construed as a reference to his becoming incapable of discharging efficiently
the duties of his employment by reason of permanent ill-health or infirmity
of mind or body;
 “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 as amended , or any corresponding provision of a local Act scheme, or
that Regulation 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 sub-paragraph (a)
of this definition, 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 noncontributing service,
as contributing service for the purposes of the scheme; or
(c) any payments made for the purpose of increasing
the length at which any period of service or of contribution would be reckonable
for the purpose of calculating a benefit under a local Act scheme; or
(d) any payments similar to any of those mentioned
in the foregoing sub-paragraphs made in pursuance of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act
1948 or in pursuance of any arrangements in
that behalf made by an officer of a local authority in respect of a person
employed under such an officer for the purposes of the functions of the local
authority;
 “compensation question”
 means a question—
(a) as to a person's entitlement to compensation
for loss of employment, or for loss or diminution of emoluments; 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 meaning as in the Local Government Superannuation Act 1937;

 “determining authority”
 means—
(a) in relation to the South Staffordshire Stipendiary Justice Act 1899,
the councils of the county boroughs of Wolverhampton and West Bromwich acting
jointly;
(b) in any other case, the paying authority;
 “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 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”
, in relation to any employment, means 
the annual rate of the emoluments of that employment less such part of those
emoluments as the officer was liable to contribute under a pension scheme,
and in relation to any employment which has been lost or the emoluments of
which have been diminished, the expression means the annual rate of emoluments
as aforesaid immediately before the loss or diminution, as the case may be: Provided that, where
fees or other variable payments were paid to an officer as part of his emoluments
during any period immediately preceding the loss or diminution, the amount
in respect of fees or other variable payments to be included in the annual
rate of emoluments shall be the annual average of the fees or other payments
paid to him during the period of five years immediately preceding the loss
or diminution, or such other period as the determining authority may think
reasonable in the circumstances;
 “enactment” means any Act or any instrument made under an Act;
 “justices' clerk” includes a clerk to a stipendiary magistrate, a clerk to a metropolitan
stipendiary court and a clerk to the justices of a liberty;
 “local authority” means the council of a county, county borough, metropolitan borough, London
borough, county district, rural parish or borough included in a rural district,
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;

 “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” means—
(a) in relation to the South Staffordshire Stipendiary
Justice Act 1899, 1st April 1969;
(b) in relation to the Staffordshire Potteries Stipendiary Justice
Acts 1839 to 1895,
1st October 1969; and
(c) in relation to the City of London, the day appointed in relation
thereto under section 7(1)
of the Justices
of the Peace Act 1968;
 “minimum pensionable age”
 means, in relation to a pensionable
officer, the earliest age at which, under his last relevant pension scheme,
he could have become entitled to a pension, other than a pension payable in
consequence of his redundancy or the termination of his employment in the
interests of efficiency or his incapacity to discharge efficiently the duties
of his employment by reason of permanent ill-health or infirmity of mind or
body;
 “national service” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection
of Civil Interests) Act 1951, and includes
service immediately following such service as aforesaid, being service in
any of Her Majesty's naval, military or air forces pursuant to a voluntary
engagement entered into with the consent of the authority or person under
whom an officer held his last relevant employment or by whom he was appointed
;
 “normal retiring age”
means, in the case of a pensionable officer to whom
an age of compulsory retirement applied by virtue of any enactment to which
he was subject in the employment which 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—
(a) in relation to a person claiming compensation
in respect of the office of justices' clerk or of employment by the South
Staffordshire Stipendiary Justice Commissioners or the Staffordshire Potteries
Stipendiary Justice Commissioners, the age of seventy years, and
(b) in relation to any other person, the age of sixty-five years if
the officer is a male, or sixty years if the officer is a female;
 “officer” includes
the holder of any place, situation or employment;
 “paying authority” means—
(a) in relation to the City of London, the Corporation
thereof;
(b) in relation to the South Staffordshire Stipendiary
Justice Act 1899—
(i) in the case of the stipendiary magistrate, the council of the county
borough of West Bromwich; and
(ii) in any other case, the councils of the county boroughs of Wolverhampton
and West Bromwich acting jointly;
and
(c) in relation to the Staffordshire Potteries Stipendiary Justice
Acts 1839 to 1895, the council of the city of Stoke-on-Trent;
 “pensionable officer”,
in relation to a person who has suffered loss of employment or loss or diminution
of emoluments, means a person who immediately before
such loss or diminution was subject to a pension scheme;
 “pension scheme”, in
relation to a pensionable officer, means any form of
arrangement associated with his employment for the payment of superannuation
benefits, whether subsisting by virtue of Act of Parliament, trust, contract
or otherwise; and “last relevant pension scheme”
, in relation to a pensionable officer, means 
the pension scheme to which he was last subject before suffering loss of employment
or loss or diminution of emoluments;
 “reckonable service”,
in relation to a person, means any period of wholetime
or part-time employment in any relevant employment and includes any period
of war service or national service undertaken on his 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 superannation
benefit to which he has become entitled;
 “relevant employment”
means employment in any of the following offices or
employments, that is to say:—
(a) stipendiary magistrate,
(b) clerk of the peace,
(c) deputy clerk of the peace,
(d) justices' clerk,
(e) employment in assisting the holder of an office mentioned in any
of the foregoing paragraphs of this definition in the performance of the duties
of that office,
(f) employment by the South Staffordshire Stipendiary Justice Commissioners
or the Staffordshire Potteries Stipendiary Justice Commissioners,
(g) service as collecting officer or in the employment of a collecting
officer,
(h) employment under the Crown or in the service of a local authority
in Great Britain,
(i) employment by any authority or body for the purposes of the Crown
or of local government in Great Britain,
(j) employment under any officer employed as mentioned in paragraph
(h) or (i)
of this definition for the purposes of the functions of the employing authority
or body,
(k) employment preceding any of the foregoing offices or employments
which was reckonable for the purposes of any pension scheme associated with
the office which has been lost, or
(l) such other employment as the Secretary of State may, in the case
of any named officer, approve, but, except as provided in Regulations 6(1)
and 12(1),
does not include service in the armed forces of the Crown;
 “resettlement compensation”
 means compensation payable in accordance
with Part III of
these Regulations for loss of employment;
 “retirement compensation”
 means compensation payable in accordance
with the provisions of Regulation 19, 20, 21 or 22;

 “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, the Police and Firemen (War Service) Act 1939
or employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940
 and includes any period of service in the
First World War in the armed forces of the Crown or in the forces of the Allied
or Associated Powers if such service immediately followed a period of relevant
employment and was undertaken either compulsorily or with the permission of
the authority or person by whom the holder of that employment was appointed
or employed.
(2) 
(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 table 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 determining authority and
the person to whom the capital sum or annual amount is payable.
(3) Where any compensation
is payable under these Regulations by the councils of the county boroughs
of Wolverhampton and West Bromwich acting jointly as paying authority, the
compensation shall be borne by those councils—
(a) in such proportions
as may be agreed between those councils; or
(b) failing agreement
as aforesaid, in the same proportions as those in which the expenses of carrying
the South Staffordshire Stipendiary Justice Act
1899 into execution were, in accordance with section 33 of that Act, borne
by them immediately before the material date.
(4) The holder of an
office shall, for the purposes of these Regulations, be regarded as employed
in that office, and the expression “employment” shall be construed
accordingly.
(5) Unless the context
otherwise requires, references in these Regulations to the provisions of any
enactment shall be construed as references to those provisions as amended,
re-enacted or modified by any subsequent enactment.
(6) References in these
Regulations to a numbered Regulation shall, unless the reference is to a regulation
of specified regulations, be construed as references to the Regulation bearing
that number in these Regulations.
(7) References in any
of these Regulations to a numbered paragraph shall, unless the reference is
to a paragraph of a specified Regulation, be construed as references to the
paragraph bearing that number in the first mentioned Regulation.
(8) 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 is at the material
date, for the whole or for part only of his time—
(a) the holder of an
office or employment in respect of which he is paid a salary by the Corporation
of the City of London or by the South Staffordshire Stipendiary Justice Commissioners
or the Staffordshire Potteries Stipendiary Justice Commissioners; or
(b) employed by the
holder of such an office or employment to assist him in the performance of
the duties of that office or employment.
4 
Subject to the provisions of these Regulations, any person to whom
these Regulations apply and who suffers any loss of office or employment,
or loss or diminution of emoluments, which is attributable to the operation
of section 1 of the Justices of the Peace Act 1968
 in relation to the City of London or in relation
to the South Staffordshire Stipendiary
Justice Act 1899 or the Staffordshire Potteries
Stipendiary Justice Acts 1839 to 1895, shall be entitled to have his case
considered for the payment of compensation under these Regulations, and such
compensation shall be determined in accordance with these Regulations.
PART III
5 
The paying authority shall, subject to the provisions of these
Regulations, pay resettlement compensation to any person to whom these Regulations
apply and who satisfies the conditions set out in Regulation 6.

6 

(1) Without prejudice
to any other requirement of these Regulations, the conditions for the payment
of resettlement compensation to any person are that—
(a) he has, not
later than ten years after the material date, suffered loss of employment
attributable to the operation of section 1
of the Justices
of the Peace Act 1968 in any of the circumstances
mentioned in Regulation 4;

(b) he had not
at the date of the loss attained normal retiring age;
(c) he had been
for a period of three years immediately before the material date continuously
engaged (disregarding breaks not exceeding in the aggregate six months) for
the whole or part of his time in relevant employment; and for this purpose
the expression “relevant employment” 
includes any period of national service immediately following such employment
;
(d) he has made
a claim for such compensation in accordance with the provisions of Part VII of these Regulations
not later than thirteen weeks after the loss of employment which is the cause
of his claim;
(e) 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
(f) he has not,
subject to paragraph (3), been offered, in the case of a person holding the
office of stipendiary magistrate or justices' clerk, any reasonably comparable
employment under the Crown or in the service of a local authority or in the
office of justices' clerk, clerk of the peace or deputy clerk of the peace
or, in any other case, any reasonably comparable employment as aforesaid or
in assisting a holder of the office of justices' clerk, clerk of the peace
or deputy clerk of the peace.
(2) In ascertaining
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
shall be taken of the fact that the duties of the employment offered are in
relation to 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 England and Wales.
(3) No account shall
be taken for the purposes of this Regulation of an offer of employment where
the determining authority is satisfied—
(a) that acceptance
would have involved undue hardship to the person, or
(b) that he was
prevented from accepting the offer by reason of ill-health or other circumstances
beyond his control.
7 

(1) 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 emoluments which that person has lost and deducting
therefrom, in addition to the items mentioned in Regulation 32(3) and (4),
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 a dependant); and
(b) two-thirds
of the net emoluments received by him in respect of such week from work or
employment undertaken as a result of the loss of employment.
(2) For the purposes
of this Regulation the weekly rate of a person's net emoluments shall be deemed
to be seven three hundred and sixty-fifths of those emoluments.
8 
Subject to the provisions of these Regulations, resettlement compensation
shall be payable to a person only in respect of the period of thirteen 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 person who has attained the age
of forty-five years, the said thirteen weeks and one additional week for every
year of his age after attaining the age of forty-five years and before the
date of the loss of employment, subject to a maximum addition of thirteen
such weeks.
9 

(1) Resettlement compensation
shall be payable to a person 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 person and the paying authority.
(2) Resettlement compensation
shall be terminated by the determining authority—
(a) if without
reasonable cause the recipient fails to comply with any of the provisions
of Regulation 10,
or
(b) if on being
requested to do so, he fails to satisfy the determining authority that, so
far as he is able, he is seeking suitable employment.
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 determining 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 determining
authority so requires, so long as he is out of employment and is not receiving
sickness or injury benefit, register with the Department of Employment and
Productivity.
PART IV
11 
The paying authority shall, subject to the provisions of these
Regulations, pay long-term compensation to any person to whom these Regulations
apply and who satisfies the conditions set out in Regulation 12.

12 

(1) Without prejudice
to any other requirement of these Regulations, the conditions for the payment
of long-term compensation to any person are that—
(a) he has, not
later than ten years after the material date, suffered loss of employment
or loss or diminution of emoluments attributable to the operation of section 1 of the Justices of the Peace Act 1968
in any of the circumstances mentioned in Regulation 4;

(b) he had not,
save as is provided in Regulation 28,
at the date of the loss or diminution attained normal retiring age;
(c) he had been,
for a period of not less than eight years immediately before the material
date, continuously engaged (without a break of more than twelve months at
any one time) for the whole or part of his time in relevant employment; and
for this purpose the expression “relevant employment” includes any period of national service immediately following such
employment;
(d) he has made
a claim for such compensation in accordance with the provisions of Part VII of these Regulations
not later than two years after the loss or diminution which is the cause of
the claim; and
(e) if the cause
of the claim for compensation is loss of employment—
(i) the loss
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
(ii) he has
not been offered, in the case of a person holding the office of stipendiary
magistrate or justices' clerk, any reasonably comparable employment under
the Crown or in the service of a local authority or in the office of justices'
clerk, clerk of the peace or deputy clerk of the peace or, in any other case,
any reasonably comparable employment as aforesaid or in assisting a holder
of the office of justices' clerk, clerk of the peace or deputy clerk of the
peace.
(2) 
Regulation 6(2) and (3) (which relate to offers
of employment) shall apply for the purposes of this Regulation in ascertaining
whether a person has been offered reasonably comparable employment.
(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.

13 

(1) For the purpose
of determining whether long-term compensation for loss or diminution of emoluments
is payable to any person and, if so, the amount of the compensation (subject
to the limits set out in these Regulations), the determining authority shall
have regard to such of the following factors as may be relevant, that is to
say—
(a) the conditions
upon which the person 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 person as a result of the loss
of employment;
(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) all the other
circumstances of his case.
(2) In ascertaining
for the purposes of paragraph (1)(c) whether
a person has been offered suitable employment, Regulation 6(2) and (3)
shall apply as they apply for the purpose of ascertaining whether employment
is reasonably comparable with employment which has been lost.
14 

(1) Long-term compensation
for loss of emoluments shall, subject to the provisions of these Regulations,
be payable until the normal retiring age or death of a person to whom it is
payable, whichever first occurs, and shall not exceed a maximum annual sum
calculated in accordance with the provisions of paragraphs (2) to (4)
(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 person's reckonable service, one-sixtieth of the net 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) appropriate
to his age at that date,but the said maximum annual sum shall in no case exceed two-thirds
of the net emoluments which the person has lost.
(3) The sum referred
to in paragraph (2)(b) 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 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 sixtieths; 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 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 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 emoluments for each year of his reckonable service
after attaining the age of forty-five years.
(4) Where a person
has become entitled (whether immediately or prospectively on attaining some
greater age) 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) shall be the maximum sum calculated
under paragraphs (2)and (3) as if he had not become so entitled.
(5) Where long-term
compensation is payable in respect of any period and resettlement compensation
has also been paid in respect of that period, the long-term compensation shall
be limited to the amount (if any) by which it exceeds the resettlement compensation
paid as aforesaid.
(6) Long-term compensation
shall be payable to a person 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 person and the paying authority.
15 
Long-term compensation for diminution of emoluments in respect
of any employment shall, subject to the provisions of these Regulations, be
awarded and paid in accordance with the following provisions:—
(a) the compensation
shall consist of an annual sum which shall be payable to a person at intervals
equivalent to those at which the emoluments of his employment are or were
previously paid or at such other intervals as may be agreed between the person
and the paying authority, and shall, subject to the provisions of these Regulations,
be payable until normal retiring age or death, whichever first occurs; and

(b) the said annual
sum shall not exceed the maximum annual sum which could have been awarded
under Regulation 14
if the person had suffered loss of employment and of emoluments equivalent
to the amount of the diminution:Provided that no compensation
shall be payable if the emoluments have been diminished by less than 2½
per cent.
16 

(1) Long-term compensation
shall be payable with effect from the date of the claim or from any earlier
date permitted by the succeeding provisions of this Regulation.
(2) Where a claim for
long-term compensation is duly made within thirteen weeks of the occurrence
of the loss or diminution which is the cause 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
paragraph (2), the award may, at the discretion of the determining authority,
be made retrospective to a date not earlier than thirteen weeks prior to the
date on which the claim was made:Provided that if the
determining authority is satisfied that the failure to make the claim within
the period mentioned in paragraph (2) was due to ill-health or other circumstances
beyond the claimant's control, the award may be made retrospective to a date
not earlier than that on which the loss or diminution occurred.
PART V
17 

(1) The paying authority
shall, subject to the provision of these Regulations, pay retirement compensation
to any person to whom this Part of these Regulations applies, and shall make
the other payments for which provision is made in Regulations 25 to 29.

(2) Save as is provided
in Regulation 28,
this Part of these Regulations applies to a pensionable officer who satisfies
the conditions set out in Regulation 12.

(3) Regulation 13 shall apply in relation
to retirement compensation as it applies in relation to long-term compensation.

18 

(1) Where retirement
compensation is payable under any one of Regulations 19, 20, 21 and 22,
such compensation shall not be payable under any other of those Regulations.

(2) If a person has
attained the age of forty years at the date on which he lost his employment
or suffered a diminution of his emoluments, the determining authority, in
calculating the amount of the retirement compensation payable to him, shall
credit him with additional years of service or an additional period of contribution
on the following basis, namely—
(a) two years, whether
or not 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 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 his reckonable service, or
(iii) fifteen
years;and in calculating the amount of any retirement compensation payable
to him 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 because of a retirement pension payable under section 30 of the National Insurance Act 1965.

(3) When retirement
compensation is awarded, or when an award is reviewed under Regulation 34, the additional
compensation payable in consequence of any years of service or period of contribution
credited to a person under paragraph (2) may be reduced or withheld to such
an extent as the determining authority may think reasonable having regard
to the pension scheme (if any) associated with any further employment obtained
by him.
(4) If under his last
relevant pension scheme the amount of any benefit to which a person might
have become entitled could have been increased at the discretion of the authority
administering the pension scheme or of any other body, the determining authority
may increase, to an extent not exceeding that to which his accrued pension,
accrued retiring allowance, accrued incapacity pension or accrued incapacity
retiring allowance might have been increased or supplemented, the corresponding
component of any retirement compensation payable to him; and in this connection
the determining authority shall have regard to the terms of any relevant resolutions
of the authority or body with regard to the increase of benefits and to the
provision of any enactment protecting the interests of that person.
(5) If under his last
relevant pension scheme a person would have been entitled to surrender a proportion
of any pension which might have become payable to him in favour of his spouse
or any dependant, then, if he so desires and informs the determining authority
by notice in writing accordingly within one month after becoming entitled
to retirement compensation under these Regulations, he may surrender a proportion
of so much of the said compensation as is payable by way of an annual sum
on the like terms and conditions and in consideration of the like payments
by the paying authority as if the said annual sum were a pension to which
he had become entitled under the said pension scheme.
(6) In calculating for
the purposes of Regulation 19, 20 or 21
the amount of the annual sum which is equal to a person's accrued pension,
no account shall be taken of any reduction falling to be made in that pension
by reason of the provisions of any Act relating to National Insurance until
the person reaches the age at which under his last relevant pension scheme
the pension would have been so reduced.
(7) In paragraph (2)
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 person has become entitled under a pension scheme associated with the employment
which he has lost or, as the case may be, the employment in which his emoluments
were diminished.
19 
Subject to the provisions of these Regulations, when a person to
whom this Part of these Regulations applies reaches normal retiring age, the
retirement compensation payable to him for loss of emoluments shall be—

(a) an annual sum equal
to the amount of his accrued pension, and
(b) a lump sum equal
to the amount of his accrued retiring allowance (if any).
20 

(1) Where a person to
whom this Part of these Regulations applies and who has suffered loss of employment
before attaining what would have been his normal retiring age—
(a) becomes incapacitated
in circumstances in which, if he had continued in the employment which he
has lost, he would have become entitled to a pension under his last relevant
pension scheme; or
(b) attains the
age which, had he continued to serve in the employment which he has lost,
would have been his minimum pensionable age,he shall be entitled on the happening of either event to claim,
in lieu of any compensation to which he would otherwise be entitled under
these Regulations—
(i) in the case
mentioned in head (a) of this paragraph,
an annual sum equal to the amount of his accrued incapacity pension 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),subject however to the conditions specified in paragraph (5).
(2) On receipt of a
claim under paragraph (1) the determining authority shall consider whether
the claimant is a person to whom that paragraph applies, and within thirteen
weeks after the date of the receipt of the claim—
(a) if it is satisfied
that he is not such a person, it shall notify him in writing accordingly;
or
(b) if it is satisfied
that he is such a person, it 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 for
compensation.
(3) A determining authority
may require any person who makes a claim under head (
a) of paragraph (1) to submit himself to a medical examination
by a registered medical practitioner selected by that authority, and, if it
does so, it 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 it.
(4) If a person wishes
to receive compensation under this Regulation, he shall so inform the determining
authority in writing within one month from the receipt of a notification under
paragraph (2) or, where the claim has been the subject of an appeal, from
the decision of the tribunal thereon; and the compensation shall be payable
as from the date on which the determining authority received the claim.
(5) The calculation
of compensation under this Regulation shall be subject to the following conditions—

(a) where the determining
authority, by virtue of Regulation 18,
has credited the person with additional years of service or an additional
period of contribution, no account shall be taken 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
determining authority; and
(b) 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 person's actual service, no account shall be taken 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 his actual service and the
period by reference to which the minimum benefit has been calculated; and

(c) if the number
of years by reference to which an accrued incapacity pension or accrued incapacity
retiring allowance is to be calculated is less than any minimum number of
years of qualifying service prescribed by the relevant pension scheme, the
amount of such pension or retiring allowance shall, notwithstanding any minimum
benefit prescribed by the pension scheme, not exceed such proportion of such
minimum benefit as the number of years of pensionable service bears to the
minimum number of years of qualifying service.
21 

(1) If a person to whom
this Part of these Regulations applies has suffered loss of employment after
attaining the age of fifty years and so requests the determining authority
by notice in writing, he shall be entitled, as from the date on which the
determining authority receives such notice, 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), and in that event he shall not be entitled to
receive any further payment of long-term compensation after that date: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 him under Regulation 18; and
(ii) 
where the person has claimed long-term compensation the said notice shall
be given not later than two years after the determination of the claim or,
where the determination has been reviewed under Regulation 34(3),
not later than two years after the review.
(2) Regulation 20(2) shall apply in
relation to a notice given under the last foregoing paragraph as it applies
to a claim made under, paragraph (1)
of that Regulation.
(3) Where an annual
sum is payable under this Regulation in respect of any period and resettlement
compensation is also payable in respect of that period, the said annual sum
shall be limited to the amount (if any) by which it exceeds the resettlement
compensation payable as aforesaid.
22 
Regulations 19 and 20
shall apply to a person to whom this Part of these Regulations applies and
who has suffered a diminution of his emoluments, as if he had suffered loss
of employment and of emoluments equivalent to the amount of the diminution:

Provided that no compensation
shall be payable—
(i) if the
emoluments have been diminished by less than 2½ per cent.; or
(ii) if
the person has continued to pay superannuation contributions as if his emoluments
had not been diminished.
23 

(1) A person entitled
to retirement compensation under Regulation 19, 20 or 21
shall pay to the paying authority an amount equal to any sum which was paid
to him by way of return of superannuation contributions, including any interest,
after ceasing to be employed, and the paying authority may at his request
repay that amount to him at any time before he becomes entitled as aforesaid,
but if that amount is not paid to the paying authority, or is repaid by them
to the person, 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) For the purposes
of this Regulation the expression “superannuation contributions”
 shall include payments made by the person
in respect of added years and any additional contributory payments made by
him.
(3) Any sums paid to
a paying authority under this Regulation 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 is liable to pay under
this Part of these Regulations.
24 

(1) Where a person to
whom this Part of these Regulations applies, 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, his entitlement to retirement compensation shall be reviewed
and no retirement compensation shall be payable in respect of such service
or period 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 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 paragraph
shall not operate to increase the amount of any retirement compensation payable
in respect of diminution of emoluments beyond the amount which would have
been payable if the person had attained normal retiring age immediately before
he ceased to hold the employment in which he suffered the diminution of emoluments.

(2) No retirement compensation
shall be payable in the circumstances mentioned in paragraph (1) if the person
has continued to pay superannuation contributions as if his emoluments had
not been diminished.
25 

(1) Payments in accordance
with this Regulation and Regulations 26 and 27
shall be made to or for the benefit of the widow, child or other dependant
or to the personal representatives of a person to whom this Part of these
Regulations applies.
(2) If the widow, child
or other dependant of that person might have become entitled to a pension
under his last relevant pension scheme, 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 person under Regulation 19, 20 or 21
immediately before 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 20 had he become entitled
thereto immediately before his death:Provided that—
(i) 
where any retirement compensation has been surrendered under Regulation 18(5) or compounded
under Regulation 35,
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 a child or other dependant, any annual sum payable as aforesaid
to a child or other dependant shall be paid to that person on behalf of the
child or dependant in the like manner and for the like period as is provided
in the pension scheme;
(iii) 
in calculating the sum payable as aforesaid, it shall be assumed that the
retirement compensation payable, or which would have been payable, to a person
under Regulation 19, 20 or 21
was such sum as would have been payable if the accrued pension or accrued
incapacity pension had not been reduced by reason of the provisions of any
Act relating to National Insurance.
(3) Any annual sum payable
to or for the benefit of a widow, child or other dependant under this Regulation
shall cease to be payable in any circumstances in which a corresponding pension
under the pension scheme referred to in paragraph (2) would have ceased to
be payable.
(4) Except where the
compensation has been reduced under Regulation 23,
compensation payable under this Regulation and Regulation 26
shall in the aggregate be reduced by an amount the capital value whereof is
equal to the amount of any superannuation contributions as defined in Regulation 23(2) returned to the
person in respect of whom the compensation is payable and either not paid
to the paying authority or repaid to him by the paying authority, 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 a person who has suffered a diminution of emoluments
with the substitution of references to diminution of emoluments for references
to loss of employment, and the annual sum payable to a widow, child or other
dependant of such a person shall be calculated as if he had lost emoluments
equivalent to the amount of the diminution:Provided that no sum shall
be payable under this paragraph—
(i) 
if the emoluments have been diminished by less than 2½ per cent.; or

(ii) 
if the person has continued to pay superannuation contributions as if his
emoluments had not been diminished.
(6) In this Regulation “prescribed
proportion” means the proportion
which, under the relevant pension scheme, the pension payable to the widow,
child or other dependant of any person, as the case may be, bears to the person's
pension.
26 

(1) If the widow or
the personal representatives of a person to whom this Part of these Regulations
applies, or trustees empowered by such a person to stand possessed of any
benefit under his last relevant pension scheme, might have become entitled
to a death grant under that scheme, she or they, as the case may be, shall
be entitled to receive a sum calculated in accordance with the provisions
of Regulation 25(4)
and paragraph (2) of this Regulation.
(2) The amount of the
sum referred to in paragraph (1) shall be ascertained in accordance with the
method of calculation prescribed by the last relevant pension scheme for the
ascertainment of death grant as if the person had died immediately before
losing his employment, subject to the following modifications—
(a) except where
the person had been in receipt of retirement compensation under Regulation 21, account shall be
taken of any additional years of service or period of contribution credited
to him under Regulation 18(2)—

(i) in the case
of a person who had been in receipt of retirement compensation under Regulation 20, 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 person's death;
(b) if the number
of years of the person'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 person's pensionable service or period of contribution bears
to the minimum number of years of qualifying service or period prescribed
by the pension scheme; and
(c) there shall
be deducted from such sum the amount of any retirement compensation paid to
the person under Regulation 19, 20 or 21,
or, where any part of the compensation had been surrendered under Regulation 18(5), 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 Regulation 25
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 a person who has suffered a diminution of emoluments
with the substitution of references to diminution of emoluments for references
to loss of employment, and the sum payable to the widow or personal representatives
of such a person shall be calculated as if he had lost emoluments equivalent
to the amount of the diminution:Provided that no sum shall
be payable under this paragraph—
(i) 
if the emoluments have been diminished by less than 2½ per cent.; or

(ii) 
if the person has continued to pay superannuation contributions as if his
emoluments had not been diminished.
27 

(1) If no annual sum
is payable to the widow, child or other dependant of any person under Regulation 25 and no sum is payable
under Regulation 26
and the person dies before he has received in the aggregate by way of retirement
compensation a sum equivalent to the amount of any contributions repaid by
him under Regulation 23,
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 said equivalent sum.
(2) If an annual sum
becomes payable to a widow under Regulation 25
and on her re-marriage or death the sum ceases to be payable, and any sum
payable to a child or other dependant under that Regulation has ceased to
be payable, and if the aggregate amount of the payments which were made as
aforesaid, to her husband by way of retirement compensation and to the widow
or personal representatives under Regulation 26
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 under Regulation 25,
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 a person who has surrendered any part of his retirement
compensation under Regulation 18(5)
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.
28 

(1) Where a person who
is not a pensionable officer is receiving longterm compensation for loss of
employment and attains normal retiring age, the determining authority may,
if satisfied that the person would, but for the loss, have continued in the
employment he has lost for a substantial period beyond that age, determine
that compensation shall continue to be paid to him for the remainder of his
life at half its former rate.
(2) Where a person who
is not a pensionable officer suffers loss of employment on or after attaining
normal retiring age, the determining authority may, if satisfied that the
person would in the normal course have continued in the employment he has
lost for a further substantial period, determine that compensation shall be
paid to him for the remainder of his life at half the rate to which he would
have been entitled under Regulation 14
had he not attained normal retiring age at the date on which he lost his employment.

29 

(1) Regulations 19, 20, 21, 22 and 26
shall not apply to a person (in this Regulation referred to as a 
“policy scheme participant”) 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 a policy scheme
participant has lost his employment, the determining authority may, if the
relevant scheme so permits, determine that such payments shall be made to
or in respect of him, whether by way of the payment of premiums or otherwise,
as are actuarially equivalent to the amounts by which his retirement compensation
might have been increased under Regulation 18(2)
or (4)
had he been a person to whom Regulation 19, 20 or 21
applied.
(3) If a policy scheme
participant has suffered a diminution of his emoluments, the determining authority
may, if the relevant scheme so permits, determine that such payments shall
be made to or in respect of him, whether by way of the payment of premiums
or otherwise, as will secure to him to like benefits as if his emoluments
had not been diminished.
(4) If a policy scheme
participant becomes entitled to a benefit under such a scheme as is mentioned
in paragraph (1) before reaching normal retiring age, the determining authority
may reduce any long-term compensation payable to him by the amount of such
benefit.
30 
Any compensation awarded as an annual sum under this Part of these
Regulations to or in respect of any person shall be payable at intervals equivalent
to those at which the corresponding benefit would have been payable under
the person's last relevant pension scheme or at such other intervals as may
be agreed between the person entitled to receive the compensation and the
paying authority.
PART VI
31 

(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 subsequently taken into account for the purpose of
calculating the amount of any superannuation benefit payable to or in respect
of any person in accordance with a pension scheme associated with any employment
under-taken subsequent to the loss of employment or diminution of emoluments
which was the subject of the claim for compensation, the determining authority
may in accordance with this Regulation withhold or reduce the 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) 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, or, 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
death benefit payable in respect of any person, the sum payable under Regulation 26 may be reduced by
an amount not greater than the proportion of the death benefit which the period
of service mentioned in paragraph (1) 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), if, in the circumstances
mentioned in paragraph (1), 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 person
under Regulation 18(2),
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), 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 24,
the provisions of this Regulation shall apply only in relation to such part
(if any) of the superannuation benefit as is attributable to annual emoluments
in excess of those to which the person was entitled on entering the new employment
referred in Regulation 24.

(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 person was entitled immediately prior to the diminution.
32 

(1) If under a person's
last relevant pension scheme 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 he is entitled for loss of
employment or diminution of emoluments 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 under a pension scheme associated
with the employment which he has lost or, as the case may be, the employment
in which the emoluments were diminished.
(2) 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 that person under Regulation 25, 26 or 27.
(3) Where a person
is entitled to compensation under these Regulations and the circumstances
are such that he is also entitled to—
(a) a redundancy
payment under the Redundancy Payments Act 1965,
or
(b) any similar
payment in consequence of the loss of his employment under any contract or
arrangement with the authority or person by whom he was appointed or employed
(other than payments by way of a return of contributions under a pension scheme),
or
(c) any payment
under or by virtue of the provision of any enactment relating to the reinstatement
in civil employment of persons who have been in the service of the Crown,
the compensation which would, apart from this paragraph become
due to the person, whether by instalments or lump sum or both, shall in the
aggregate be reduced by the amount of the payments referred to in this paragraph.

(4) Where compensation
under these Regulations is payable to or in respect of any person, and that
person or his widow, child or other dependant or his personal representatives
is or are also entitled (whether immediately or on the person's attaining
some greater age) to a superannuation benefit under a pension scheme associated
with the employment which he has lost—
(a) any instalment
of such compensation which is payable in respect of any period shall be reduced
by the amount of the instalment of such superannuation benefit which is payable
in respect of the same period; and
(b) any such compensation
which is payable as a lump sum shall be reduced by the amount of any lump
sum superannuation benefit.
(5) For the purposes
of paragraph (4) no account shall be taken of any sum payable in consequence
of the surrender by any person of part of his superannuation benefit under
any provision in that behalf in the relevant pension scheme with a view to
obtaining or increasing allowances for his widow, child or other dependant;
and the person shall be deemed to have received during any period the amount
of superannuation benefit which he would have received but for any such surrender.

(6) 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
such National Insurance benefits claimable in respect of that week and that
weekly rate at which the long-term compensation would be payable but for this
Regulation 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:
Provided that this paragraph
shall not apply in relation to any such sickness or injury benefit in so far
as—
(i) 
an equivalent sum is deducted from the emoluments of his current employment,
and
(ii) 
such deduction from those emoluments has not occasioned an increase in his
long-term compensation.
(7) In paragraph (6)
the expression “weekly rate” means 
seven three hundred and sixty-fifths of the relevant annual rate.

33 
Where—
(a) a pensionable officer
after suffering loss of employment or diminution of emoluments enters any
employment referred to in Regulation 24
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 32,
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 any benefit, any
increase in benefit or any further benefit under any Act relating to National
Insurance,
he shall forthwith inform the determining authority in writing
of that fact.
34 

(1) The determining
authority shall, within a period of two years after the date on which any
decision on a claim for long-term or retirement compensation for loss of employment
(other than compensation payable under Regulation 21)
is notified to a claimant under Regulation 36,
or within such longer period as is specified in the subsequent provisions
of this Regulation, and at intervals of not more than six months, review its
decision or, where the claim has been the subject of an appeal, the decision
of the tribunal, 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 person to whom
the decision relates may require the determining authority to carry out the
review mentioned in paragraph (1) at any time within the period of two years
mentioned in that paragraph if he considers that there has been a change in
the circumstances of his case which is material for the purposes of these
Regulations.
(3) The determining
authority shall carry out a review in accordance with paragraph (1), notwithstanding
the expiration of the period mentioned in that paragraph, if—
(a) the emoluments
of employment or work undertaken as a result of the loss of employment were
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 person might
reasonably have been required to perform, and
(c) the determining
authority is satisfied that such loss or reduction is causing him hardship,
and where any decision is so reviewed, the decision shall be subject
to further review in accordance with paragraph (1) as if the review carried
out under this paragraph had been the initial determination of the claim.

(4) Paragraphs (1)
and (2) shall apply in relation to any decision on a claim for long-term or
retirement compensation in respect of diminution of emoluments as they apply
in relation to any decision mentioned in paragraph (1):Provided that—

(i) 
where the person to whom the decision relates ceases to hold the employment
in which his emoluments were diminished, a review shall be held within three
months after that date, but no further review shall be held after the expiry
of that period, and
(ii) 
while that person 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 determining
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 person to whom the decision relates becomes engaged in employment
(hereinafter referred to as his “current employment”)
 the remununeration whereof is payable out of public funds and
which he has undertaken subsequent to the loss or diminution, and
(b) the aggregate
of the net emoluments of his current employment, any superannuation benefit
by way of annual amounts payable to him in respect of the employment which
he has lost or the employment in which his emoluments have been diminished
and the long-term compensation payable to him exceeds the net emoluments of
the employment which he has lost or, as the case may be, in which the emoluments
have been diminished.
(6) The determining
authority shall further review any decision reviewed under paragraph (5) whenever
the net emoluments of the person's current employment are increased.
(7) If on any review
under paragraph (5) or (6) the compensation is reduced, it shall not be reduced
below the amount by which the net emoluments of the person'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 or the employment in
which his emoluments have been diminished, falls short of the net emoluments
of the employment he has lost or, as the case may be, in which the emoluments
have been diminished.
(8) The determining
authority shall give to a person to whom a decision relates not less than
fourteen days' notice of any review of that decision to be carried out under
this Regulation unless the review is carried out at his request.
(9) Nothing in this
Regulation shall preclude the making of any adjustment of compensation required
by Regulation 31 or 32.

35 

(1) In a case where
an annual sum which has been or might be awarded under these Regulations does
not exceed £26, the determining authority may, at its discretion, determine
that the liability of the paying authority in respect thereof shall be compounded
by payment of a 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 19, 20, 21 or 22,
the determining authority may likewise determine that the liability of the
paying authority in respect thereof shall be discharged by an immediate payment.

(2) In any other case,
if the person who has been awarded long-term or retirement compensation requests
them to do so, the determining authority may, after having regard to the state
of health of that person and the other circumstances of the case, determine
that up to one quarter of the liability of the paying authority to make payments
under the award (other than payments to a widow, child or other dependant
under Regulation 25)
shall be compounded by the payment of an equivalent amount as a lump sum or,
where any compensation has been awarded as a lump sum, by increasing that
compensation to such equivalent amount; and in calculating for this purpose
the liability of the paying authority to make 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) in relation to an award of long-term or retirement
compensation shall not prevent the subsequent making of a composition under
paragraph (1) in relation to that award, but, subject as aforesaid, not more
than one composition may be made in relation to any award.
PART VII
36 

(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 this Regulation.
(2) Every such claim
and request shall be made to the determining authority in a form approved
by the Secretary of State, and shall state whether any other claim for compensation
has been made by the claimant under these Regulations.
(3) Resettlement compensation
shall be claimed separately from any other form of compensation claimable
under these Regulations.
(4) The determining
authority shall consider any such claim or request in accordance with the
relevant provisions of these Regulations and shall notify the person making
the claim or request in writing of its 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 V of these Regulations,
not later than thirteen weeks after the receipt of the claim or request, and

(c) in any other
case, as soon as possible after the decision;but the decision of a determining authority shall not be invalidated
by reason of the fact that notice of the decision is given after the expiry
of the period mentioned in this paragraph.
(5) Every notification
of a decision by the determining authority (whether granting or refusing compensation
or reviewing an award, or otherwise affecting any compensation under these
Regulations) shall contain a statement—
(a) giving reasons
for the decision;
(b) showing how
any compensation has been calculated and, in particular, if the amount is
less than the maximum which could have been awarded under these Regulations,
showing the factors taken into account in awarding that amount; and
(c) directing
the attention of the claimant to his right under Regulation 42,
if he is aggrieved by the decision, to institute proceedings before a tribunal
and giving him the address to which the application instituting such proceedings
should be sent.
37 

(1) Any person claiming
or receiving compensation or whose award of compensation is being reviewed
shall furnish all such information as the determining authority may at any
time reasonably require; and he shall verify the same in 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
shall, on receipt of reasonable notice, present himself for interview at such
place as the determining authority may reasonably require; and any person
who attends for interview may, if he so desires, be represented by his adviser.

38 

(1) In the event of
the death of a claimant or of a person who, if he had survived, could have
been a claimant, a 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 person entitled to claim, but, save as aforesaid,
the person in whose right they continue or make the claim shall be deemed
for the purposes of these Regulations to be such person, and the relevant
provisions of these Regulations shall be construed accordingly:Provided that the determining
authority may in any such case extend the period within which a claim is required
to be made by Regulation 6
or 12.

39 

(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,
a person 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 a person's
reckonable service, all periods of such service shall be aggregated and, except
where reference is made to completed years of service, if the aggregated service
includes a fraction of a year, that fraction shall, if it equals or exceeds
six months, be treated as a year, and shall in any other case be disregarded.

40 
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.
41 
Subject to any statutory provision in that behalf, any compensation
to which a person becomes entitled under these Regulations shall be paid by
the paying authority and shall be payable to, or in trust for, the person
who is entitled to receive it, and shall not be assignable:
Provided that, without prejudice
to any other right of recovery, any compensation paid in error may be recovered
by the paying authority by deduction from any compensation payable under these
Regulations.
42 

(1) Every person who
is aggrieved by any decision of the determining authority with respect to
a compensation question or by any failure on the part of the determining authority
to notify him or, if required by these Regulations, the paying authority of
any such decision within the appropriate time prescribed by these Regulations,
may within thirteen 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 a tribunal in accordance with the Industrial Tribunals (Employment
and Compensation) Regulations 1967 and these Regulations; and the tribunal
shall determine the question accordingly.
(2) A local authority
(unless it is itself the sole determining authority) which is or forms part
of the paying authority and which is aggrieved by any decision of the determining
authority with respect to a compensation question may, within thirteen weeks
of the notification to it of the decision, institute proceedings for the determination
of the question by a tribunal in accordance with the said Regulations; and
the tribunal shall determine the question accordingly.
(3) For the purpose
of any proceedings instituted under this Regulation a person or persons may
be appointed to sit with the tribunal as assessor or assessors.
(4) The paying authority
shall give effect to the decision of a tribunal subject to any modifications
that may be required in consequence of any appeal from that decision on a
point of law.
George Thomas
One of Her Majesty's Principal Secretaries of State
Whitehall
18th March 1969
SCHEDULE
Regulation 2(2)

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 if for use in connection with Regulation 35(1) and (2) for the
compounding of annual retirement compensation which a person is currently
entiled to receive under Regulation 19, 20, 21 or 22.
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 conpensation whichceases
to be payable at 60 (65) and this table should be used for valuing the remainder.


TABLE II
 Age Capital Value
  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 35(1) and (2) 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 35(1) for compounding
annual compensationpayable to a widow under Regulation 25.
It should also be used, where a reduction of compensation under Regulation 25(4) falls to be apportioned
between the compensation payable under that Regulation and under Regulation 26, 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 23(1) for ascertaining
the annual amount by which retirement compensation under 
Regulation 19, 20 or 21 is to be reduced where
a claimant has not paid to the paying 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 paying authority at his request. It should also be used
in connection with Regulation 35(2)
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 25(4) 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 25 and 26,
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 35(1) and (2) for compounding
awards of long-term compensation under Part IV of thes 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 these Regulation).
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”.
