PART IPRELIMINARY

Citation and commencement

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

Interpretation

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-

"accrued retiring allowance" in relation to a pensionable officer who has suffered loss of employment, means-

"accrued incapacity pension" and "accrued incapacity retiring allowance" have the same respective meanings as "accrued pension" and "accrued retiring allowance" except that the reference to a person's having attained normal retiring age shall be construed as a reference to his having become incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

"the Act" means the Harbours Act 1964;

"added years" in relation to a person who suffers loss of employment means-

"additional contributory payments" means-

"compensating authority" , in relation to any person or class of persons who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of a harbour reorganisation scheme, means the person or body of persons appointed in writing by the Minister as the compensating authority for the purposes of these regulations, being a person or body subject to the provisions of a harbour reorganisation scheme ;

"compensation question" means a question arising in relation to these regulations-

"contributory employee" and "local Act contributor" have the same meanings as in the Local Government Superannuation Act 1937 or, in Scotland, as in the Local Government Superannuation (Scotland) Act 1937;

"emoluments" means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and also the money value of any travel privileges, apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime, other than payments which are a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment; and

"net emoluments" means-

"harbour reorganisation scheme" means a harbour reorganisation scheme which has been submitted and confirmed pursuant to section 18(4) of the Act, and has come into operation under the Statutory Orders (Special Procedure) Acts 1945 and 1965;

"local authority" means the council of a county, county borough, metropolitan borough, London borough, county district, rural parish or borough included in a rural district, the Greater London Council, the Common Council of the City of London and the council of the Isles of Scilly, any two or more of those authorities acting jointly and any joint committee, combined authority or joint board and a police authority for a county, a borough or a combined police area; and means in Scotland, any couny council, town council or district council including any joint committee or joint board of such authorities appointed under any enactment, order or scheme;

"long-term compensation" means compensation payable in accordance with the provisions of Part IV of these regulations for loss of employment or loss or diminution of emoluments ;

"material date" in relation to any person or class of persons who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of a harbour reorganisation scheme (hereafter in and for the purposes only of this definition called "the claimant or claimants" ) means-

;

"minimum pensionable age" means, in relation to a pensionable officer, the earliest age at which, under the pension scheme associated with the employment he has lost or the emoluments of which have been diminished, he could have become entitled to a pension other than a pension payable in consequence of his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

"Minister" means the Minister of Transport;

"national service" means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and includes service immediately following such service as aforesaid, being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the authority or person under whom he held his last relevant employment;

"normal retiring age" means, in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of any pension scheme to which he was subject in the employment he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case, the age of 65 years if the officer is a male, or 60 years if the officer is a female;

"office" means any situation, place, or employment other thafn that of director of a company , and the expression "officer" shall be construed accordingly;

"pensionable officer" in relation to an officer who has suffered loss of employment, or loss or diminution of emoluments, means an officer who immediately before such loss or diminution of emoluments, means an officer who immediately before such loss or diminution was subject to a pension scheme associated with his employment;

"pension scheme" includes any form of arrangement for the payment of pensions whether subsisting by virtue of Act of Parliament, trust, contract or otherwise;

"reckonable service" in relation to a person means any period of whole-time or part-time employment in any relevant employment and includes any period of war service or national service undertaken on the person's ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefit to which the person has become entitled;

"relevant employment" means subject to paragraph (4) of this regulation, employment-

"resettlement compensation" means compensation payable in accordance with Part III of these regulations for loss of employment suffered by a person to whom these regulations apply;

"retirement compensation" means compensation payable in accordance with the provisions of regulation 22 23, 24 or 25 of these regulations for loss or diminution of pension rights;

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

"war service" means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939 (or, in Scotland, the Education (Scotland) (War Service Superannuation) Act 1939, the Police and Firemen War Service Act 1939 or employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940 and includes any period of service in the First World War in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment.

(2) (a) Where under any provision of these regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with the tables set out in the Schedule to these regulations in so far as they provide for the particular case.

(b)For the purpose of determining the application of the said tables the headings and the note to each table shall be treated as a part of the table.

(c)Where the said tables do not provide for a case in which an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be such as may be agreed between the compensating authority and the person to whom the capital sum or annual amount is payable.

(3) Unless the context otherwise requires, references in these regulations to the provisions of any enactment, rule, regulation, order or scheme shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment, rule, regulation, order or scheme.

(4) Except as provided in regulation 6(2) and 12(2) of these regulations, the expression "relevant employment" shall not include service in the armed forces of the Crown.

(5) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

PART IIENTITLEMENT TO COMPENSATION

Persons to whom the regulations apply

3. These regulations shall apply to any person who immediately before the material date either-

(a)is employed for the whole or part only of his time as an officer of a harbour authority, a local lighthouse authority or of a person carrying out harbour operations, or under such an officer for the purposes of the functions of such authority or person, or

(b)would be so employed at that time but for any national service on which he is then engaged.

Grounds of entitlement to compensation

4. Subject to the provisions of these regulations, every person to whom these regulations apply and who suffers loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of a harbour reorganisation scheme shall be entitled to have his case considered for the payment of such compensation in respect of the loss or diminution which he has so suffered as shall be determined in accordance with the following provisions of these regulations.

National service

5.-(1) Any person to whom these regulations apply by virtue of regulation 3(b) thereof, and who, before the expiry of 2 months after ceasing to be engaged on national service, or, if prevented by sickness or other reasonable cause, as soon as practicable thereafter, gives notice in writing to the compensating authority that he is available for employment, shall be entitled, subject to the last preceding regulation, to receive payment of such compensation (if any) as shall have been determined as aforesaid in respect of-

(a)loss of employment or loss or diminution of pension rights if he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the administration of the same or a different service); or

(b)diminution of emoluments or loss or diminution of pension rights, if he is re-employed in his former office or in any reasonably comparable office with reduced emoluments or loss or diminution of pension rights as compared with the emoluments or pension rights which he would have enjoyed or been entitled to had he continued in his former office.

(2) The loss of employment or loss or diminution of pension rights which is the ground of a claim for compensation under sub-paragraph (a) of the last foregoing paragraph shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment, and the claimant shall be deemed to have been entitled to the emoluments or the pension rights which he would have enjoyed or been entitled to at such earlier date had he continued in his former office.

PART IIIRESETTLEMENT COMPENSATION FOR LOSS OF EMPLOYMENT

Persons to whom Part III of the regulations applies

6.-(1) The compensating authority shall, subject to the provisions of these regulations-

(a)consider and determine the entitlement to resettlement compensation of every person to whom this Part of these regulations applies who claims such compensation and in relation to whom the conditions set out in the next succeeding regulation are satisfied, and

(b)pay the amount of any compensation so determined.

(2) This Part of these regulations applies to a person who at the date of the loss of employment had not attained normal retiring age and who had been for a period of not less than 3 years immediately preceding the material date continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) for the whole or part of his time in relevant employment; and for this purpose the expression "relevant employment" includes any period of national service immediately following upon such employment.

Conditions for payment of resettlement compensation

7.-(1) Without prejudice to any other requirement of these regulations, nothing in these regulations shall entitle a person to resettlement compensation unless-

(a)he has suffered loss of employment in consequence of any of the provisions of a harbour reorganisation scheme not later than 10 years after the material date;

(b)he has made his claim for resettlement compensation in accordance with the provisions for making claims set out in Part VII of these regulations not later than 13 weeks after the loss of employment which is the cause of his claim;

(c)the loss of employment which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as immediately before the loss he was performing or might reasonably have been required to perform; and

(d)he has not, subject to paragraph (3) of this regulation, been offered any reasonably comparable employment under the Crown or in the service of any local authority, harbour authority, local lighthouse authority or of any person carrying out harbour operations or under an officer in any such service, being employment for the purposes of the functions of the authority or person employing that officer.

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

(3) No account shall be taken for the purposes of this regulation of an offer of employment where the compensating authority are satisfied-

(a)that acceptance would have involved undue hardship to the claimant, or

(b)that the claimant was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control.

Amount of resettlement compensation

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

(a)unemployment, sickness or injury benefit under any Act relating to National Insurance claimable by him in respect of such week (excluding any amount claimable by him in respect of any dependant);

(b)two thirds of the net emoluments received by him in respect of such week from work or employment undertaken in place of the employment which he has lost;

(c)any periodical payment to which he is entitled in respect of such week by virtue of any pension scheme to which he was subject in relation to the employment which he has lost.

(2) In determining the amount of resettlement compensation the compensating authority shall have regard to any payments to which the claimant becomes entitled in consequence of the loss of his employment under any contract or arrangement with the harbour or local lighthouse authority or person carrying out harbour operations by whom he was employed (other than payments by way of a return of contributions under a pension scheme).

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

Period for payment of resettlement compensation

9. Subject as hereinafter provided, resettlement compensation to a person to whom this Part of these regulations applies shall be payable in respect of the period of 13 weeks next succeeding the week in which he lost the employment in respect of which his claim has been made or, in the case of a claimant who has attained the age of 45 years, the said 13 weeks extended by one additional week for every year of his age after attaining the age of 45 years and before the date of the loss of employment, subject to a maximum addition of 13 such weeks.

Claimant for resettlement compensation to furnish particulars of employment

10. Every claimant for resettlement compensation shall (after as well as before the compensation begins to be paid)-

(a)forthwith supply the compensating authority in writing with particulars of any employment which he obtains or of any change in his earnings from any such employment, and

(b)if the compensating authority so require, so long as he is out of employment and is not receiving sickness or injury benefit, register with the Ministry of Labour.

Additional provisions relating to resettlement compensation

11. Resettlement compensation shall be payable to a claimant at intervals equivalent to those at which the emoluments of his employment were previously paid or at such other intervals as may be agreed between the claimant and the compensating authority and shall forthwith be terminated by the compensating authority-

(a)if without reasonable cause the claimant fails to comply with any of the provisions of regulation 10 of these regulations, or

(b)if, on being requested to do so, he fails to satisfy the compensating authority that, so far as he is able, he is seeking suitable employment.

PART IVLONG-TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS

Persons to whom Part IV of the regulations applies

12.-(1) The compensating authority shall, subject to the provisions of these regulations-

(a)consider and determine the entitlement to long-term compensation of every person to whom this Part of these regulations applies who claims such compensation and in relation to whom the conditions set out in the next succeeding regulation are satisfied, and

(b)pay the amount of any compensation so determined.

(2) This Part of these regulations applies to a person who has been for a period of not less than 8 years immediately preceding the material date continuously engaged (without a break of more than 12 months at any one time) for the whole or part of his time in relevant employment (which expression for this purpose includes any period of national service immediately following such employment), and who at the date of the loss of employment or loss or diminution of emoluments had not, save as is provided in regulation 18 of these regulations, attained normal retiring age.

Conditions for payment of long-term compensation

13.-(1) Without prejudice to any other requirement of these regulations, nothing in these regulations shall entitle a person to long-term compensation unless-

(a)he has suffered loss of employment or loss or diminution of emoluments in consequence of any of the provisions of a harbour reorganisation scheme not later than 10 years after the material date;

(b)he has made his claim for compensation in accordance with the provisions for making claims set out in Part VII of these regulations not later than 2 years after the loss or diminution which is the cause of the claim; and

(c)if the cause of the claim for compensation is loss of employment-

(i)his employment was terminated for some reason other than misconduct or incapacity to perform such duties as immediately before the loss he was performing or might reasonably have been required to perform; and

(ii)he has not been offered any reasonably comparable employment under the Crown or in the service of any local authority, harbour authority, local lighthouse authority or of any person carrying out harbour operations, or under an officer in any such service, being employment for the purposes of the functions of the authority or person employing that officer.

(2) Regulation 7(2) and (3) of these regulations as to offers of employment shall apply for the purposes of this regulation.

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

Factors to be considered in determining payment of long-term compensation

14.-(1) For the purpose of determining whether long-term compensation for loss or diminution of emoluments should be paid to a claimant and, if so, the amount of the compensation (subject to the limits set out in these regulations), regard shall be had to such of the following factors as may be relevant, that is to say:-

(a)the conditions upon which the claimant held the employment which he has lost, including in particular its security of tenure, whether by law or practice;

(b)the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the claimant in place of the employment he has lost;

(c)the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him;

(d)the amount of any compensation recovered by him under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown, or payable to him otherwise than under these regulations in respect of the loss or diminution, whether by reason of any service agreement or contract or otherwise howsoever;

(e)the amount of any benefit to which he is immediately entitled by virtue of any pension scheme associated with the employment which he has lost; and

(f)all the other circumstances of his case:

Provided that if at the time when the claimant entered the employment which he has lost, or in which he has suffered a diminution of emoluments, proceedings had been commenced under section 18 of, and Schedule 4 to, the Act with a view to the confirmation of a harbour reorganisation scheme affecting the authority or person by whom he was employed, no account shall be taken of that fact.

(2) In ascertaining for the purposes of sub-paragraph (c) of the last foregoing paragraph whether a person has been offered suitable employment, regulation 7(3) of these regulation shall apply as it applies for the purposes of that regulation.

Amount of long-term compensation payable for loss of emoluments

15.-(1) In the case of a person to whom this Part of these regulations applies, long-term compensation for loss of emoluments shall, subject to the provisions of these regulations, be payable until normal retiring age or death, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2), (3) and (4) of this regulation.

(2) The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely-

(a)for every year of the claimant's reckonable service, one sixtieth of the net emoluments he has lost; and

(b)in the case of a claimant who has attained the age of 40 years at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) of this regulation appropriate to his age at that date:

Provided that the said maximum annual sum shall in no case exceed two thirds of the net emoluments which the claimant has lost.

(3) The sum referred to in sub-paragraph (b) of the last foregoing paragraph shall be-

(a)in the case of a claimant who has attained the age of 40 years but has not attained the age of 50 years at the date of the loss, the following fraction of the net emoluments he has lost-

(i)where the claimant's reckonable service is less than 10 years, one sixtieth for each year of such service after attaining the age of 40 years; or

(ii)where the claimant's reckonable service amounts to 10 years but is less than 15 years, one sixtieth for each year of such service after attaining the age of 40 years and one additional sixtieth; or

(iii)where the claimant's reckonable service amounts to 15 years but is less than 20 years, one sixtieth for each year of such service after attaining the age of 40 years and 2 additional sixtieths; or

(iv)where the claimant's reckonable service amounts to 20 years or more, one sixtieth for each year of such service after attaining the age of 40 years and 3 additional sixtieths;

but the sum so calculated shall not in any case exceed one sixth of the said net emoluments;

(b)in the case of a claimant who has attained the age of 50 years but has not attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of the claimant's reckonable service after attaining the age of 40 years, up to a maximum of 15 such years; and

(c)in the case of a claimant who has attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of the claimant's reckonable service after attaining the age of 45 years.

(4) Where a person has become entitled to a superannuation benefit by way of annual amounts under a pension scheme associated with the employment which he has lost, the maximum annual sum referred to in paragraph (1) of this regulation shall be the maximum sum calculated under paragraph (2) of this regulation as if the superannuation benefit had not been payable, less the amount of the benefit.

(5) Where a sum is payable under this regulation in respect of any period and resettlement compensation has also been paid in respect of that period, the said sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation paid as aforesaid.

(6) Compensation awarded under this regulation shall be payable at intervals equivalent to those at which the emoluments of the claimant's employment were previously paid or at such intervals as may be agreed between him and the compensating authority.

Long-term compensation for diminution of emoluments

16. In the case of a person to whom this Part of these regulations applies, long-term compensation for diminution of emoluments in respect of any employment shall be awarded and paid in accordance with the following provisions-

(a)the compensation shall consist of an annual sum which shall be payable at intervals equivalent to those at which the emoluments of the claimant's employment are or were previously paid or at such other intervals as may be agreed between the claimant and the compensating authority and shall, subject to the provisions of these regulations, be payable until normal retiring age or death, whichever first occurs; and

(b)the said annual sum shall not exceed the figure which bears to the maximum annual sum which could have been awarded under regulation 15 of these regulations, had the claim been made under that regulation, the same ratio as the amount by which his net emoluments have been diminished (calculated as an annual amount) bears to the amount of his net emoluments:

Provided that no compensation shall be payable if this ratio is less than 2½ per cent.

Date from which long-term compensation is to be payable

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

(2) Where a claim for long-term compensation is duly made within 13 weeks of the occurrence of the loss or diminution which is the subject of the claim, the award shall be made retrospective to the date on which the loss or diminution occurred.

(3) Where a claim for long-term compensation is made after the expiry of the period mentioned in the last foregoing paragraph, the award may at the discretion of the compensating authority be made retrospective to a date not earlier than 13 weeks prior to the date on which the claim was made:

Provided that, if the compensating authority are satisfied that the failure to make the claim within the period mentioned in the last foregoing paragraph was due to ill-health or other circumstances beyond the claimant's control, the award may be made retrospective to a date not earlier than that on which the loss or diminution occurred.

Compensation payable to non-pensionable officer on attainment of normal retiring age

18.-(1) In the case of an officer to whom this Part of these regulations applies and who is not a pensionable officer, the compensating authority may, on his attaining normal retiring age, if they are satisfied that he would in the normal course have continued in the employment he has lost for a substantial period beyond that age, continue to pay compensation to him for the remainder of his life at half its former rate.

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

PART VRETIREMENT COMPENSATION AND PAYMENTS ON DEATH FOR LOSS OR DIMINUTION OF PENSION RIGHTS

Persons to whom Part V of the regulations applies

19.-(1) The compensating authority shall, subject to the provisions of these regulations-

(a)consider and determine the entitlement-

(i)to retirement compensation for loss or diminution of pension rights, of every pensionable officer to whom this Part of these regulations applies and who claims such compensation, and

(ii) to the other compensation provided for in this Part of these regulations for such loss or diminution suffered by any such pensionable officer, of the persons for whom such compensation is so provided, and

(b)pay the amount of any compensation so determined.

(2) This Part of these regulations applies to a pensionable officer who is a person to whom Part IV of these regulations applies and who suffers loss of employment or diminution of emoluments (together with, in either case, loss or diminution of pension rights) in consequence of any of the provisions of a harbour reorganisation scheme.

Conditions for payment of retirement compensation and other benefits

20.-(1) Without prejudice to any other requirement of these regulations, nothing in these regulations shall entitle any person to retirement compensation or any other compensation provided for in this Part of these regulations in respect of the loss or diminution of the pension rights of a pensionable officer to whom this Part of these regulations applies unless-

(a)the officer in question has suffered the loss or diminution of pension rights in consequence of any of the provisions of a harbour reorganisation scheme not later than 10 years after the material date; and

(b)where a claim is required by these regulations, the claim is made in accordance with the provisions for making claims set out in Part VII of these regulations not later than 2 years after the loss or diminution which is the cause of the claim.

(2) Long-term compensation and retirement compensation claimable by the same person shall be the subject of separate claims but such claims shall, so far as practicable, be made together.

Factors to be considered in determining payment of retirement compensation

21. For the purpose of determining whether retirement compensation or other compensation in respect of the loss or diminution of the pension rights of a pensionable officer to whom this Part of these regulations applies should be paid to a claimant, and, if so, the amount thereof (subject to the limits set out in these regulations), regard shall be had to the extent of the loss or diminution of pension rights suffered and also to such of the factors set out in regulation 14(1) of these regulations as may be relevant, and in applying these factors the other provisions of that regulation shall have effect.

Retirement compensation payable to pensionable officer on his becoming incapacitated or reaching minimum pensionable age

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

(a)becomes incapacitated in circumstances in which if he had continued in that employment he would have become entitled to a pension under the pension scheme to which he was subject in the employment; or

(b)attains the age which, had he continued to serve in that employment, would have been his minimum pensionable age,

then, subject to the provisions of these regulations, he shall be entitled on the happening of either event to claim in lieu of any other compensation under the provisions of these regulations-

(i)in the case mentioned in head (a) of this paragraph, an annual sum equal to the amount of his accrued incapacity pension, and a lump sum equal to the amount of his accrued incapacity retiring allowance (if any); and

(ii)in the case mentioned in head (b) of this paragraph, an annual sum equal to the amount of his accrued pension and a lump sum equal to the amount of his accrued retiring allowance (if any):

Provided that-

(i)if, in calculating the amount of compensation payable to a person who has made such claim as aforesaid, the compensating authority, by virtue of regulation 27(2) of these regulations, have credited him with additional years of service or an additional period of contribution, no account shall be taken for the purpose of the foregoing provision of any additional years or period beyond the number of years which he could have served, had he not lost his employment, before the date on which the claim was received by the compensating authority; and

(ii)if by reason of any provision of the relevant pension scheme for a minimum benefit the amount of any such pension or retiring allowance is in excess of that attributable to the claimant's actual service, no account shall be taken for the purpose of the foregoing provision of any such additional years or period except to the extent (if any) by which they exceed the number of years represented by the difference between the claimant's actual service and the period by reference to which the minimum benefit has been calculated; and

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

(2) On receipt of a claim under the last preceding paragraph, the compensating authority shall consider forthwith whether the claimant is a person to whom that paragraph applies, and within 13 weeks after the date of the receipt of the claim-

(a)if they are satisfied that he is not such a person, they shall notify him in writing accordingly; and

(b)if they are satisfied that he is such a person, they shall assess the amount of compensation payable to him and notify him in writing accordingly,

and any such notification shall, for the purposes of these regulations, be deemed to be a notification by the authority of a decision on a claim to compensation.

(3) If a claimant wishes to receive compensation under this regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under the last preceding paragraph or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim.

(4) As from the date on which compensation is payable to a pensionable officer under this regulation his entitlement to any resettlement or long-term compensation shall cease.

(5) A compensating authority may require any such person as is mentioned in head ( a) of paragraph (1) of this regulation, who makes a claim under that paragraph, to submit himself to a medical examination by a registered medical practitioner selected by that authority, and, if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration, together with the report of the medical practitioner selected by them.

Option to take retirement compensation prematurely in certain cases

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

Provided that-

(i) in calculating the amount of the compensation payable to a person who has given such notice as aforesaid, no account shall be taken of any additional years of service or period of contribution credited to that person under regulation 27(2) of these regulations, and

(ii) where the officer has claimed long-term compensation, the said notice shall be given not later than 2 years after the determination of the claim or, where the determination is reviewed under regulation 38(3) of these regulations, not later than 2 years after any such review.

(2) Regulation 22(2) of these regulations shall apply in relation to a notice given under the last foregoing paragraph as it applies to a claim made under paragraph (1) of that regulation.

(3) Where an annual sum is payable under this regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceed the resettlement compensation payable as aforesaid.

(4) As from the date on which the said annual sum is payable to a pensionable officer under this regulation his entitlement to any long-term compensation shall cease.

(5) A pensionable officer to whom compensation under this regulation becomes payable, who enters employment in which he is subject to a pension scheme, and thereafter becomes entitled to reckon for the purposes of that scheme any service or period of contribution which falls or fell to be taken into account for the purpose of assessing the amount of compensation so payable, shall be subject to the provisions of regulation 26 of these regulations as from the date upon which he enters or entered such employment notwithstanding that payment under the award has commenced and, subject to the provisions of regulation 35 of these regulations, any further retirement compensation payable to him from that date shall be calculated in accordance with the said regulation 26.

(6) For the removal of doubt, the compensating authority may, at any time for the purpose of giving effect to the last preceding paragraph, adjust the amount of compensation paid or payable under this regulation, notwithstanding that the provisions of regulation 38 of these regulations do not apply.

Retirement compensation on attainment of normal retiring age by pensionable officer who has suffered loss of employment

24.-(1) Subject to the provisions of these regulations, when a pensionable officer to whom this Part of these regulations applies, and who has lost his employment, reaches normal retiring age, the retirement compensation payable to him for loss or diminution of pension rights shall be-

(a)an annual sum equal to the amount of his accrued pension; and

(b)a lump sum equal to the amount of his accrued retiring allowance (if any).

(2) Compensation shall not be payable under this regulation to a claimant to whom compensation is being paid under regulation 22 or 23 of these regulations.

Retirement compensation payable to pensionable officer who has suffered diminution of emoluments

25.-(1) The provisions of regulations 22 and 24 of these regulations shall apply to a pensionable officer to whom this Part of these regulations applies and who has suffered a diminution of his emoluments (instead of a loss of his employment) but the sums payable to such an officer in the circumstances mentioned in those regulations shall be sums which bear to the sums which would have been payable thereunder, had the claim been in respect of loss of employment, the same ratio as the amount by which the claimant's net emoluments have been diminished (calculated as an annual rate) bears to the amount of his net emoluments:

Provided that no compensation shall be payable if this ratio is less than 2½ per cent.

(2) In the foregoing application of the provisions of regulations 22 and 24 of these regulations and in any application of any other provisions of these regulations for the purposes of this regulation, there shall be substituted for the references therein to loss of employment references to diminution of emoluments.

Compensation of claimant who obtains further pensionable employment

26. Where a pensionable officer after suffering loss of employment or diminution of emoluments enters employment in which he is subject to a pension scheme and thereafter becomes entitled to reckon for the purposes of that scheme any service or period of contribution which falls to be taken into account for the purpose of assessing the amount of any retirement compensation payable to him, no retirement compensation attributable to such service or period shall be payable unless the annual rate of the emoluments to which he was entitled immediately before such loss or diminution exceeds the annual rate on entry of the emoluments of the new employment by more than 2½ per cent of such first mentioned emoluments, and any retirement compensation so attributable but which is payable to him shall, in so far as it is calculated by reference to remuneration, be calculated by reference to the difference between the said annual rates:

Provided that this regulation shall not operate to increase the amount of any retirement compensation payable in respect of an officer who has suffered a diminution of emoluments beyond the amount which would have been payable if the officer had attained normal retiring age immediately before he ceased to hold the employment in which he suffered the diminution of emoluments.

Factors governing the payment of retirement compensation

27.-(1) A pensionable officer entitled to retirement compensation under regulation 22, 23 or 24 of these regulations shall pay to the compensating authority an amount equal to any sum which was paid to him by way of return of superannuation contributions, whether with or without interest, after ceasing to be employed and the compensating authority may at the request of the officer repay that amount to him at any time before he becomes entitled as aforesaid, but if the amount is not paid to the compensating authority, or is repaid by them to the officer, the compensation shall be reduced by an annual amount the capital value of which is equal to the amount of the said superannuation contributions.

(2) If the claimant had attained the age of 40 years at the date on which he lost his employment or suffered a diminution of his emoluments, the compensating authority in calculating the amount of the retirement compensation payable to him shall credit him with additional years of service or an additional period of contribution on the following basis, namely-

(a)2 years, whether or not the claimant has completed any years of service after attaining the age of 40 years, and

(b)2 years for each of the first 4 completed years of the claimant's reckonable service between the date when he attained the age of 40 years and the date of the loss or diminution, and

(c)one year for each such year of service after the fourth,

but the additional years of service or period of contribution so credited shall not exceed the shortest of the following periods, namely-

(i)such number of years as, when added to his pensionable service, would amount to the maximum period of such service which would have been reckonable by him had he continued in his employment until attaining normal retiring age, or

(ii)the number of years of the claimant's reckonable service, or

(iii)15 years;

and in calculating the amount of any retirement compensation payable to the claimant any period so added shall be aggregated with any years of service or period of contribution entailing reduction of the relevant pension or retiring allowance in connection with the passing of any enactment referred to in paragraphs (a) or (c) of section 110(1) of the National Insurance Act 1965, not being a reduction calculated by reference to any provision of such an enactment relating to graduated contributions or to graduated retirement benefit.

(3) When retirement compensation is awarded or when an award is reviewed under regulation 38 of these regulations the additional compensation payable in consequence of any years of service or period of contribution credited to a claimant under the last foregoing paragraph may be reduced or withheld as the compensating authority may think reasonable having regard to the pension scheme (if any) attaching to any further employment obtained by the claimant.

(4) If, under the pension scheme to which the claimant was last subject before suffering loss of employment or diminution of emoluments, the amount of any benefit to which he might have become entitled might have been increased at the discretion of the authority or body administering the pension scheme or of any other body, the compensating authority may increase, to an extent not exceeding that to which his accrued pension, accrued retiring allowance, accrued incapacity pension or accrued incapacity retiring allowance might have been increased or supplemented, the corresponding component of any retirement compensation payable to him; and in this connection the compensating authority shall have regard to the terms of any relevant resolutions of such an authority or body with regard to the increase of benefits and to any provisions of the relevant harbour reorganisation scheme protecting the interests of the claimant.

(5) If, under the pension scheme to which he was last subject before suffering loss of employment or diminution of emoluments, the claimant would have been entitled to surrender a proportion of any pension which might have become payable to him in favour of his spouse or any dependant, then, if he so desires and informs the compensating authority by notice in writing accordingly within one month after becoming entitled to retirement compensation under these regulations, he may surrender a proportion of so much of the said compensation as is payable by way of an annual sum on the like terms and conditions and in consideration of the like payments by the compensating authority as if the said annual sum were a pension to which he had become entitled under the said pension scheme.

(6) In calculating for the purposes of regulation 22, 23 or 24 of these regulations the amount of the annual sum which is equal to a claimant's accrued pension no account shall be taken of any reduction falling to be made in that pension as a result of any provision of regulations made or deemed to have been made under section 110(1) of the National Insurance Act 1965 which are for the time being in force until the claimant reaches the age at which, under the pension scheme to which he was subject before losing his employment, the pension would have been so reduced.

(7) In paragraph (2) of this regulation the expression "reckonable service" includes any period of employment of which account has been taken or is required to be taken in calculating the amount of any superannuation benefit to which a claimant has become entitled under a pension scheme associated with the employment which he has lost or in which his emoluments have been diminished.

Compensation payable on the death of a claimant

28.-(1) Payments in accordance with this and the next two succeeding regulations shall be made to or for the benefit of the widow, child or other dependant or to the personal representatives of an officer to whom this Part of these regulations applies and who has died.

(2) If the widow, child or other dependant of the officer might have become entitled to a pension under the pension scheme to which the officer was last subject before losing his employment if such loss of employment had not occurred, the widow, child or other dependant, as the case may be, shall be entitled to receive an annual sum equal to the prescribed proportion of any retirement compensation by way of annual amounts payable to the officer under regulation 22, 23 or 24 of these regulations immediately prior to his death or, if he dies before becoming entitled to receive compensation under any of those regulations, the prescribed proportion of the compensation by way of annual amounts which he would have received under regulation 22 of these regulations had he become entitled thereto immediately prior to his death:

Provided that-

(i) where any retirement compensation had been surrendered or compounded under regulation 27(5) or regulation 39 of these regulations, any sum payable under this regulation shall be calculated as if such surrender or compounding had not taken place;

(ii) where the pension scheme provides for payment of the pension to any person on behalf of the child or other dependant, any annual sum payable as aforesaid to a child or other dependant shall be paid to that person on behalf of the child or other dependant in the like manner and for the like period as is provided in the pension scheme;

(iii) in calculating the sum payable as aforesaid, it shall be assumed that the retirement compensation payable, or which would have been payable, to an officer under regulation 22, 23 or 24 of these regulations had been such sum as would have been payable if the accrued pension or accrued incapacity pension had not been reduced as a result of any provision of regulations made or deemed to have been made under section 110(1) of the National Insurance Act 1965 which are for the time being in force.

(3) Any sum payable to or for the benefit of a widow, child or other dependant under this regulation shall cease to be payable in any circumstances in which a corresponding pension under the said pension scheme would have ceased to be payable.

(4) Except where any compensation payable to the officer concerned has been reduced under regulation 27(1) of these regulations, compensation payable under this and the next following regulation shall in the aggregate be reduced by an amount the capital value whereof is equal to the amount of any superannuation contributions returned to the officer and either not paid to the compensating authority or repaid by the compensating authority to the officer, the compensation under each such regulation being reduced in proportion to the capital value of each amount.

(5) This regulation shall apply in the case of an officer who has suffered a diminution of emoluments with the substitution of references to diminution of emoluments for references to loss of employment, but the annual sum payable to a widow, child or other dependant of such an officer shall be a sum which bears to the sum which would have been payable under paragraph (2) of this regulation had the claim been in respect of loss of employment, the same ratio as the amount by which the officer's net emoluments have been diminished (calculated as an annual rate) bears to the amount of his net emoluments:

Provided that no sum shall be payable under this paragraph if this ratio is less than 2½ per cent.

(6) In this regulation "prescribed proportion" means the proportion which, under the pension scheme to which the officer was subject immediately prior to the loss of employment or diminution of emoluments, the pension payable to a widow, child or other dependant, as the case may be, bears to an officer's pension.

29.-(1) If the personal representatives of the officer might have become entitled to a death grant under the pension scheme to which the officer was last subject before losing his employment had such loss not occurred, they shall be entitled to receive a sum calculated in accordance with the provisions of the next succeeding paragraph, and paragraph (4) of the last preceding regulation.

(2) The amount of such sum shall be ascertained in accordance with the method of calculation prescribed by the pension scheme for the ascertainment of death grant as if the officer had died immediately before losing his employment, subject to the following modifications-

(a)except where the officer had been in receipt of retirement compensation under regulation 23 of these regulations, account shall be taken of any additional years of service or period of contribution credited to the officer under regulation 27(2) of these regulations-

(i)in the case of an officer who had been in receipt of retirement compensation under regulation 22 of these regulations, to the extent of the period between the loss of employment and the date of the claim made under that regulation, and

(ii) in any other case, to the extent of the period between the loss of employment and the officer's death;

(b)if the number of years of the officer's service or period of contribution is less than the minimum number of years of qualifying service or period prescribed by the pension scheme for the receipt of a death grant, the said sum shall not exceed such proportion of the death grant calculated as aforesaid as the number of years of the claimant's qualifying service or period of contribution bears to the minimum number of years of qualifying service or period required by the pension scheme; and

(c)there shall be deducted from such sum the amount of any retirement compensation paid to the officer under regulation 22, 23 or 24 of these regulations or, where any part of the compensation has been surrendered under regulation 27(5) of these regulations, the amount which would have been so paid but for any such surrender.

(3) For the purpose of calculating such death grant, an annual sum payable to or for the benefit of a widow, child or other dependant under the last preceding regulation shall be deemed to be a pension payable to or for the benefit of the widow, child or dependant, as the case may be.

(4) This regulation shall apply in the case of an officer who has suffered a diminution of emoluments with the substitution of references to diminution of emoluments for references to loss of employment, but the sum payable to the personal representatives of such an officer shall be a sum which bears to the sum which would have been payable under paragraph (1) of this regulation had the claim been in respect of loss of employment the same ratio as the amount by which the officer's net emoluments have been diminished (calculated as an annual rate) bears to the amount of his net emoluments:

Provided that no sum shall be payable to personal representatives under this paragraph if this ratio is less than 2½ per cent.

30.-(1) If no annual sum is payable to the widow, child or other dependant under regulation 28 of these regulations and no sum is payable under the last preceding regulation and the officer dies before he has received in the aggregate by way of retirement compensation a sum equivalent to the amount of any contributions repaid by him under regulation 27(1) of these regulations, together with compound interest thereon calculated at the rate of 3 per cent. per annum with half-yearly rests up to the date of his death as from the 1st April or the 1st October following the half year in which the amount was paid, there shall be paid to his personal representatives the difference between the aggregate amount received by way of retirement compensation as aforesaid and the said equivalent sum.

(2) If an annual sum becomes payable to a widow under regulation 28 of these regulations and on her re-marriage or death the sum ceases to be payable and the aggregate amount of the payments which were made to her as aforesaid, to her husband by way of retirement compensation and to his personal representatives under regulation 29 of these regulations is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable to the widow under the said regulation 28, there shall be paid to her or her personal representatives the difference between such aggregate amount and the said equivalent sum.

(3) For the purposes of this regulation an officer who has surrendered any part of his retirement compensation under regulation 27(5) of these regulations shall be deemed to have received during any period the amount of compensation for that period which he would have received but for any such surrender.

Deduction of outstanding additional contributory payments

31. There shall be deducted from the retirement compensation payable to any person any additional contributory payments remaining unpaid at the date when he suffered loss of employment; and any such payments not recovered at the date of his death shall be deducted from any compensation payable in respect of the person under regulation 28, 29 or 30 of these regulations.

Calculation of compensation where superannuation benefit is payable

32. Where an officer to whom this Part of these regulations applies, or his widow, child or other dependant or personal representative has become entitled to any superannuation benefit under a pension scheme associated with the employment which the officer has lost or in respect of which he has suffered a diminution of emoluments, the retirement compensation payable to the officer or the compensation payable in respect of the officer under regulations 22 to 25 inclusive or 28 to 30 inclusive of these regulations shall be calculated in the first place as if the said superannuation benefit had not been payable but-

(a)compensation by way of annual amounts shall be reduced by the annual amount of such superannuation benefit as is payable periodically, and

(b)compensation payable as a lump sum shall be reduced by the amount of any such superannuation benefit payable as a lump sum.

Persons subject to policy schemes

33.-(1) Except in relation to any accrued pension, accrued retiring allowance, accrued incapacity pension or accrued incapacity retiring allowance attributable to service as a contributory employee or local Act contributor, the provisions of regulations 22, 23, 24 and 25 of these regulations shall not apply to a person who had been participating in a scheme associated with his employment for providing superannuation benefits by means of contracts or policies of insurance, and who, after the loss of his employment or the diminution of his emoluments, continued to participate in that scheme, or became entitled to a benefit or prospective benefit thereunder other than a return of contributions.

(2) If the claimant is such a person as is mentioned in paragraph (1) of this regulation who has lost his employment, the compensating authority may, if the relevant scheme so permits, make such payments to or in respect of him, whether by way of the payment of premiums or otherwise, as will secure that his benefits under the scheme are increased to an extent actuarially equivalent to that by which similar amounts of retirement compensation could be increased under regulation 27(2) or (4) of these regulations.

(3) If the claimant is such a person as is `mentioned in paragraph (1) of this regulation who has suffered a diminution of his emoluments, the compensating authority may, if the relevant scheme so permits, make such payments to or in respect of him, whether by way of the payment of premiums or otherwise, as will secure to the claimant the like benefits under the scheme as if his emoluments had not been diminished.

(4) If the claimant is such a person as aforesaid and he becomes entitled to a benefit under such a scheme as is mentioned in paragraph (1) of this regulation before reaching normal retiring age, the compensating authority may reduce any long-term compensation payable to him under Part IV of these regulations by the amount of such benefit.

Intervals for payment of compensation under Part V

34. Retirement compensation and other compensation awarded as an annual sum under this Part of these regulations shall be payable at intervals equivalent to those at which the corresponding benefit would have been payable under the pension scheme to which the claimant was subject prior to the loss of employment or diminution of emoluments or at such other intervals as may be agreed between the recipient and the compensating authority.

PART VIADJUSTMENT, REVIEW AND COMPOUNDING OF COMPENSATION

Adjustment of compensation where superannuation benefit is also payable

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

(2) If the part of any superannuation benefit by way of annual amounts which is attributable to a period of service mentioned in paragraph (1) of this regulation equals or exceeds the part of any compensation by way of annual amounts which is attributable to the same period, that part of the compensation may be withheld, but if such part of the superannuation benefit is less than such part of the compensation, the compensation may be reduced by an amount not exceeding such part of the superannuation benefit.

(3) In the case of a death benefit payable to the personal representatives of the officer, the sum payable to the personal representatives under regulation 29 of these regulations may be reduced by an amount not greater than the proportion of the death benefit which the period of service mentioned in paragraph (1) of this regulation bears to the total period of service of which account was taken in the calculation of the death benefit.

(4) In addition to any reduction authorised by paragraph (2) or (3) of this regulation, if, in the circumstances mentioned in paragraph (1) of this regulation, compensation by way of annual amounts is attributable in part to any provision of the relevant pension scheme for a minimum benefit, the compensation may be reduced by an amount not exceeding that part.

(5) Where any additional years of service or period of contribution have been credited to a claimant under regulation 27(2) of these regulations, if the number of such years or such period is equal to or less than the period spent in the subsequent employment mentioned in paragraph (1) of this regulation, the compensation by way of annual amounts may be reduced (in addition to any other reduction authorised by this regulation) by an amount not exceeding that attributable to the additional years or period so credited, or, if the number of such years or such period is greater than the period spent in the subsequent employment, by such proportion of that amount as the period spent in the subsequent employment bears to the number of additional years or the period so credited.

(6) Where compensation has been calculated in accordance with regulation 26 of these regulations, the provisions of this regulation shall apply only in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the officer was entitled on entering the new employment referred to in the said regulation 26.

(7) Where compensation is payable in respect of diminution of emoluments, the provisions of this regulation shall apply only in relation to such part (if any) of the superannuation benefit as is attributable to annual emoluments in excess of those to which the officer was entitled immediately prior to the diminution.

Reduction of compensation in certain cases

36.-(1) If under the pension scheme to which a person was subject before losing his employment or suffering a diminution of emoluments any benefit for which the scheme provided would have been subject to reduction or suspension on his taking up other specified employment, any retirement compensation to which the person is entitled shall, where such employment is taken up, be reduced or suspended in the like manner and to the like extent:

Provided that in calculating the amount of the reduction there shall be aggregated with the emoluments of the employment taken up the amount of any superannuation benefit by way of annual amounts payable to the person in respect of the employment which he has lost, or, as the case may be, in which the emoluments were diminished.

(2) Where a person is entitled to compensation under these regulations and the circumstances are such that he is also entitled to a redundancy payment under the Redundancy Payments Act 1965, the amount of such compensation which would, apart from this paragraph of this regulation, become due to that person shall be reduced by the amount of the redundancy payment under the said Act which is to be paid to the person and, in so far as such compensation consists of more than one payment, the payments of such compensation as they become due shall be subject to such abatement or reduction as is necessary to reduce the amount of such compensation by the amount of the redundancy payment.

(3) Where in any week a person is entitled to long-term compensation for loss or diminution of emoluments and is also entitled to unemployment sickness or injury benefit under any Act relating to National Insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of-

(a)such National Insurance benefits claimable in respect of that week, and

(b)the weekly rate at which the long-term compensation would, but for this regulation, be payable, and

(c)the weekly rate of any superannuation benefit taken into account for the purpose of regulation 15(4) of these regulations,

exceeds two thirds of the weekly rate of the net emoluments of the employment which he has lost or in which the emoluments have been diminished.

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

Where

37.-(a) a pensionable officer after suffering loss of employment or diminution of emoluments enters any employment referred to in regulation 26 of these regulations or becomes entitled to any superannuation benefit on ceasing to hold such employment, or

(b)a person entitled to long-term compensation enters employment the remuneration whereof is payable out of public funds or ceases to hold such employment, or receives any increase in his remuneration in such employment, or

(c)a person entitled to retirement compensation enters employment in which the compensation is subject to reduction or suspension under regulation 36(1) of these regulations, or ceases to hold such employment, or receives any increase in his remuneration in such employment, or

(d)a person entitled to long-term compensation is receiving or starts to receive a benefit under any Act relating to National Insurance,

he shall forthwith inform the compensating authority in writing of that fact.

Review of award of long-term or retirement compensation

38.-(1) The compensating authority shall, within a period of 2 years after the date on which any decision on a claim for long-term or retirement compensation for loss of employment (other than compensation payable under regulation 23 of these regulations) or for loss or diminution of pension rights associated with loss of employment is notified to a claimant under regulation 40 of these regulations, review their decision or, where the claim has been the subject of an appeal, the decision of the tribunal, at intervals of not more than 6 months, and these regulations shall apply in relation to any such review as they apply in relation to the initial determination of the claim; and on such review, in the light of any material change in the circumstances of the case, compensation may be awarded, or compensation previously awarded may be increased, reduced or discontinued, subject to the limits set out in these regulations.

(2) The claimant may require the compensating authority to carry out the review mentioned in the last foregoing paragraph at any time within the period of 2 years mentioned in that paragraph if he considers that there has been a change in the circumstances of his case which is material for the purposes of these regulations.

(3) The compensating authority shall carry out a review in accordance with paragraph (1) of this regulation, notwithstanding the expiration of the period mentioned in that paragraph, if-

(a)the emoluments of employment or work undertaken in place of the employment which has been lost had been taken into account in determining the amount of any compensation awarded, and

(b)such employment or work has been lost or the emoluments thereof reduced, otherwise than by reason of misconduct or incapacity to perform such duties as the claimant might reasonably have been required to perform, and

(c)the compensating authority is satisfied that such loss or reduction is causing hardship to the claimant,

and, where any decision is so reviewed, the decision shall be subject to further review in accordance with paragraph (1) of this regulation as if the review carried out under this paragraph had been the initial determination of the claim.

(4) Paragraphs (1) and (2) of this regulation shall apply in relation to any decision on a claim for long-term or retirement compensation in respect of diminution of emoluments or loss or diminution of pension rights associated with diminution of emoluments as they apply in respect of any decision mentioned in the said paragraph (1):

Provided that-

(i) no review shall take place after the date on which the claimant ceases to hold the employment in which his emoluments were diminished, except a review as at that date; and

(ii) while the claimant continues to hold that employment there shall be no limit to the period within which a review may take place.

(5) Notwithstanding anything contained in the foregoing provisions of this regulation, the compensating authority shall review a decision (whether of the authority or the tribunal) on a claim for long-term compensation for loss of employment or diminution of emoluments after the expiration of any period within which a review is required to be made if at any time-

(a)the claimant is engaged in employment (hereinafter referred to as his "current employment") the remuneration whereof is payable out of public funds or by the compensating authority and which he has undertaken in place of the employment he has lost or, as the case may be, the employment in which his emoluments were diminished, and

(b)the aggregate of the net emoluments of his current employment, of any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost and of the long-term compensation payable to him exceeds the net emoluments of such last-mentioned employment or, as the case may be, the amount of his net emoluments prior to their diminution,

and the authority shall thereafter further review such decision whenever the net emoluments of the claimant's current employment are increased; but, if on any such review the compensation is reduced, it shall not be reduced below the amount by which the net emoluments of the claimant's current employment, together with any superannuation benefit by way of annual amounts payable to him in respect of the employment which he has lost, fall short of the net emoluments of such last-mentioned employment or, as the case may be, the amount of his net emoluments prior to their diminution.

(6) The compensating authority shall give to a claimant not less than 14 days notice of any review to be carried ont under this regulation otherwise than at his request.

(7) Nothing in this regulation shall preclude the making of any adjustment of compensation required by regulation 35 or 36 of these regulations.

Compounding of awards

39.-(1) In a case where an annual sum which has been or might be awarded under these regulations does not exceed £26, the compensating authority may, at their discretion, compound their liability in respect thereof by paying a lump sum equivalent to the capital value of the annual sum, and, if any lump sum payment has been or might be awarded in addition to such annual sum under regulation 22, 23, 24 or 25 of these regulations, the compensating authority may likewise discharge their liability in respect thereof by an immediate payment.

(2) In any other case the compensating authority may, if the person who has been awarded long-term or retirement compensation requests them to do so and they, in their discretion, after having regard to the state of health of that person and the other circumstances of the case, deem fit, compound up to one quarter of their liability to make payments under the award (other than payments to a widow, child or other dependant under regulation 28 of these regulations) by the payment of an equivalent amount as a lump sum, or, where any compensation has been awarded as a lump sum, by increasing that compensation to such equivalent amount; and in calculating for this purpose the liability of the authority to make such payments, account shall be taken of the annual value of lump sum payments of compensation.

(3) The making of a composition under paragraph (2) of this regulation in relation to an award of long-term or retirement compensation shall not prevent the subsequent making of a composition under paragraph (1) of this regulation in relation to that award, but, subject as aforesaid, not more than one composition may be made in relation to any award.

PART VIIPROCEDURE AND MISCELLANEOUS

Procedure on making claims

40.-(1) Every claim for compensation under these regulations and every request for a review of an award of long-term or retirement compensation shall be made in accordance with the provisions of this regulation.

(2) Every such claim and request shall be made to the compensating authority in writing, shall set out the grounds on which the claim or request is made and shall state whether any other claim for compensation has been made by the claimant under these regulations.

(3) Resettlement compensation shall be claimed separately from any other form of compensation claimable under these regulations.

(4) The compensating authority shall consider any such claim or request in accordance with the relevant provisions of these regulations and shall notify the claimant in writing of their decision-

(a)in the case of a claim for resettlement compensation, not later than one month after the receipt of the claim, and

(b)in the case of a claim for, or request for the review of an award of, compensation under Part IV or Part V of these regulations, not later than 13 weeks after the receipt of the claim or request, and

(c)in any other case, as soon as possible after the decision.

(5) Every notification of a decision by the compensating authority (whether granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these regulations) shall contain a statement-

(a)giving reasons for the decision;

(b)showing how any compensation has been calculated and, in particular, if the amount is less than the maximum which could have been awarded under these regulations, showing the factors taken into account in awarding that amount; and

(c)directing the attention of the claimant to his right, under regulation 47(1) of these regulations, if he is aggrieved by the decision, to institute proceedings before the tribunal, and giving him the address to which an application instituting such proceedings should be sent.

Claimants to furnish information

41.-(1) Any person claiming or receiving compensation or whose award of compensation is being reviewed shall furnish all such information as the compensating authority may at any time reasonably require; and shall verify the same in any such manner, including the production of books or of original documents in his possession or control, as may be reasonably so required.

(2) Any such person as aforesaid shall, on receipt of reasonable notice, present himself for interview at any such place as the compensating authority may reasonably require.

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

Procedure on death of claimant

42.-(1) In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, the claim for compensation under these regulations may be continued or made (as the case may be) by his personal representatives.

(2) Where any such claim is continued or made as aforesaid by personal representatives, the personal representatives shall, as respects any steps to be taken or thing to be done by them in order to continue or make the claim, be deemed for the purposes of these regulations to be the claimant, but, save as aforesaid, the person in right of whom they continue or make the claim shall be deemed for the purposes of these regulations to be the claimant, and the relevant provisions of these regulations shall be construed accordingly:

Provided that the compensating authority may in any such case extend the period within which a claim is required to be made by regulation 7 or 13 of these regulations.

Calculation of service

43.-(1) For the purpose of determining the amount of any compensation payable in respect of the loss of an office to which, or of any two or more offices to which in the aggregate, an officer devoted substantially the whole of his time, any previous period of part-time employment shall be treated as though it were whole-time employment for a proportionately reduced period.

(2) For the purpose of making any calculation under these regulations in respect of the reckonable service of an officer, all periods of such service shall be aggregated, and, if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds 6 months, be treated as a year, and in any other case be disregarded.

Emoluments of part-time employments

44. In ascertaining for the purposes of these regulations whether, and how far, the remuneration of alternative employment falls short of emoluments which have been lost where those emoluments were payable in respect of two or more part-time employments, the remuneration of the alternative employment or of the aggregate of two or more such employments shall be apportioned in the proportion which the emoluments of the part-time employments bore to each other.

Temporary variation of emoluments

45. In calculating for the purposes of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished, and in determining the net emoluments, the accrued pension or the accrued retiring allowance of any person who has suffered such a loss or diminution, no account shall be taken of any increase or decrease in the amount of the person's emoluments which is attributable to any temporary variation of his emoluments made in consequence of any of the provisions of a harbour reorganisation scheme.

Compensation not assignable

46.-(1) Subject to any statutory provision in the behalf, any compensation to which an officer becomes entitled under these regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.

(2) Any sum payable as compensation to a person by a compensating authority shall be recoverable as a debt due from the authority.

Right to refer a decision of the compensating authority to a tribunal

47.-(1) Every claimant who is aggrieved by any decision of the compensating authority with respect to a compensation question, or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these regulations, may, within 13 weeks of the notification to him of the decision or the expiry of the prescribed time, as the case may be, institute proceedings for the determination of the question by the tribunal in accordance with the rules of procedure laid down in the Industrial Tribunals (Employment and Compensation) Regulations 1967(3), or, in Scotland, the Industrial Tribunals (Employment and Compensation) (Scotland) Regulations 1967(4), and the tribunal shall determine the question accordingly.

(2) The compensating authority shall give effect to the decision of the tribunal with any modifications that may be required in consequence of any appeal from the decision on a point of law.

(3) For the purpose of any proceedings instituted pursuant to paragraph (1) of this regulation, one or more person having special knowledge or experience in relation to the subject matter of the reference may, under the appropriate regulations specified in paragraph (1) of this regulation, be appointed, if it is thought fit, to sit with the tribunal as assessor or assessors.

Application of payments

48. Any sums paid to a compensating authority under regulation 27(1) of these regulations in respect of returned contributions shall, except in so far as they are repaid to the officers concerned, be applied for the payment of compensation which the authority are liable to pay under Part V of these regulations.

THE SCHEDULE

NOTE:-This table is for use in connection with regulation 39(1) and (2) of these regulations for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 22, 23, 24 or 25 of these regulations. Where the compensation is payable before age 60 (females), 65 (males) but will be reduced on the attainment of that age (in connection with National Insurance pension) the table should be used in conjunction with Table II, i.e. Table II should be used for valuing that part of the compensation which ceases to be payable at 60 (65) and this table should be used for valuing the remainder.

NOTE:-This table is for use in connection with regulation 39(1) and (2) of these regulations for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (females), 65 (males). Table I should be used in relation to the remainder of such compensation, i.e. the part which is payable for life-see note on that table.

NOTE:-This table is for use in connection with regulation 39(1) of these regulations for compounding annual compensation payable to a widow under regulation 28 of these regulations. It should also be used, where a reduction of compensation under regulation 28(4) falls to be apportioned between the compensation payable under that regulation and under regulation 29, for ascertaining the capital value of annual compensation to a widow.

NOTE:-This table is for use in connection with regulation 27(1) of these regulations for ascertaining the annual amount by which retirement compensation under regulation 22, 23 or 24 of these regulations is to be reduced where a claimant has not paid to the compensating authority an amount equal to any sum paid to him by way of superannuation contributions or that amount has been repaid to him by the compensating authority at his request. It should also be used in connection with regulation 39(2) of these regulations for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum.

NOTE:-This table is for use in connection with regulation 28(4) of these regulations for ascertaining the annual amount by which compensation to a widow is to be reduced in the circumstances described in that paragraph. If a reduction is required to be apportioned between compensation payable under regulations 28 and 29 of these regulations, the capital value of annual compensation to a widow should be ascertained by reference to Table III.

NOTE:-This table is for use in connection with regulation 39(1) and (2) of these regulations for compounding awards of long-term compensation under Part IV of the regulations. The total amount of the annual long-term compensation which is to be compounded must first be calculated, i.e. the amount which the person would receive on account of that compensation, or the part of it which is to be compounded, if it were paid until "normal retiring age" (as defined in the regulations). For each £100 so calculated, the lump sum payment will be the amount shown in the table according to the number of complete years in the period between the date of compounding and "normal retiring age."

EXPLANATORY NOTE

1. These regulations, made under section 19 of the Harbours Act 1964 read together with section 43(2) of the Docks and Harbours Act 1966, provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of a harbour reorganisation scheme under section 18 of the Harbours Act 1964.

2. Part I of the regulations contains definitions. Part II specifies the persons to whom the regulations apply and the grounds of entitlement to compensation. The regulations apply to persons employed whole-time or part-time by or for the purposes of a harbour authority, a local lighthouse authority or a person carrying out harbour operations.

3. The compensation payable is:-

(a)resettlement compensation for loss of employment (Part III of the regulations);

(b)long-term compensation for loss of employment or loss or diminution of emoluments (Part IV);

(c)retirement compensation for loss or diminution of pension rights (Part V);

(d)compensation to the widow, child or other dependant or to the personal representatives of a claimant who was a pensionable officer (Part V).

4. Resettlement compensation is payable for a period not exceeding 26 weeks to officers with at least 3 years' service with harbour authorities and in other relevant employments. The qualifying conditions and factors to be considered are set out in regulations 7, 9, 10 and 11. The method of calculating the amount of compensation is contained in regulation 8.

5. Long-term compensation is payable to officers with at least 8 years' service with harbour authorities and in other relevant employments. The qualifying and other conditions are set out in regulations 12 to 14.

6. The method of calculating the maximum amount of long-term compensation is laid down in regulation 15 (loss of employment) and 16 (diminution of emoluments). This amount is a proportion, not exceeding two thirds, of the net emoluments lost or of the amount by which emoluments have been diminished, as the case may be. This compensation is payable from a date determined under regulation 17 and can be payable up to normal retiring age. In the case of a non-pensionable officer compensation not exceeding one half of the rate of long-term compensation may be paid beyond normal retiring age (regulation 18).

7. Retirement compensation is payable to a pensionable officer with at least 8 years service with harbour authorities and in other relevant employments. The qualifying and other conditions are set out in regulations 19 to 21.

8. Retirement compensation payable to an officer who has lost his employment is based upon his accrued pension rights (regulation 24) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (regulation 27). Retirement compensation for an officer who has suffered diminution or emoluments is an appropriate proportion of that which would have been payable if he had lost his employment (regulation 25). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 33). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances may be put into payment earlier ( regulations 22 and 23).

9. Compensation is payable to the widow, child or other dependent or to the personal representatives of a claimant who dies where such persons would have benefited under the relevant pension scheme (regulations 28 to 30).

10. Part VI of the regulations provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changes in circumstances (regulation 38). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

11. Part VII contains provisions relating to the procedure for making claims and notifying decisions and confers upon a claimant who is aggrieved by a decision on a compensation question or the failure of a compensating authority to notify their decision a right to refer the question for determination by a tribunal established under section 12 of the Industrial Training Act 1964.