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Compensation of Displaced Officers (War Service) Act 1945

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This is the original version (as it was originally enacted).

1Application of Act to changes in the functions of local authorities

This Act shall apply in any case where—

(a)in consequence of any enactment or statutory order passed or made before or after the passing of this Act (hereafter in this Act referred to as " the special Act ") or anything done thereunder, any of the following changes (hereafter in this Act referred to as " the change in functions") have occurred in relation to any local or public authority (hereafter in this Act referred to as " the local authority"), namely, that any functions have ceased to be exercisable by the local authority (whether as a result of a transfer to another authority or otherwise) or any functions have been transferred to" the local authority from another authority or any functions exercisable by the local authority have been altered ; and

(b)the special Act makes provision for the compensation of affected officers' of the local authority who held office immediately before the special Act came into operation, and for that purpose applies or incorporates the Fourth Schedule to the Local Government Act, 1933, with or without modifications or adaptations :

Provided that this section shall not affect the application of section five and section six of this Act.

2Compensation of officers of a local authority on war service who are affected by change of functions

(1)Subject to the provisions of this section, if in consequence of the change in functions any officer of the local authority on war service has suffered any direct pecuniary loss by reason that, on ceasing to be engaged in war service, he was not reemployed in his former office or was so re-employed with reduced emoluments, or by reason of the determination of his office of the reduction of his emoluments after he was so re-employed, he shall be entitled to recover compensation for that loss from the local authority :

Provided that no person shall, by virtue of this subsection, be entitled to recover compensation for any loss, if provision is made for compensating him for that loss by or under any other enactment which is for the time being in force except the special Act and the Reinstatement in Civil Employment Act, 1944.

(2)No person shall, by virtue of the last foregoing subsection, be entitled to recover compensation for any loss suffered by him by reason of his not being re-employed in his former office on ceasing to be engaged in war service unless, within two months from the date on which he ceased to be so engaged or the date of the .passing of this Act, whichever is the later, he gives notice in writing that he is available for re-employment to the local authority or, if the local authority have ceased to exist in consequence of the change in functions, to the authority from whom the compensation is recoverable by virtue of subsection (5) of this section :

Provided that, if the officer was prevented from notifying the said authority within the said two months by his sickness or other reasonable cause, the notice may be given as soon as reasonably may be after the expiration of that period.

(3)For the purposes of this section a person—

(a)who on ceasing to be engaged in war service refused an offer of re-employment in his former office on the ground that he would be required to perform duties which are not analogous to, or which are an unreasonable addition to, those which he was required to perform immediately before the date on which the special Act came into operation, or, in the case of a person engaged in war service on that date, which he would have been required to perform immediately before that date if he had continued to be employed in that office ; or

(b)who on ceasing to be engaged in war service was not re-employed in his former office, or was so re-employed with reduced emoluments, because his services were not required or his duties were diminished (no misconduct being established) ; or

(c)who at any time during the period of five years from the said date or a period of twelve months from the date on which he ceased to be engaged in war service, whichever period last expires, has relinquished any office in the - service of the local authority on the ground that he has been required to perform such duties as are referred to in paragraph (a) hereof; or

(d)whose office, being an office in the service of the local authority, has been determined or whose emoluments have been reduced during the period of five years from the date on which the special Act came into operation because his services were not required or his duties were diminished (no misconduct being established) ;

shall be deemed unless the contrary is shown to have suffered direct pecuniary loss in consequence of the change in functions and by reason of the matters referred to in subsection (1) of this section. References in paragraph (c) and paragraph (d) of this subsection to the service of the local authority shall, in a case where the change in functions consists in the transfer of functions from the local authority to another local or public authority other than the Crown, be construed as including references to the service of that other authority.

(4)The provisions of the Fourth Schedule to the Local Government Act, 1933, as set out with modifications in the Schedule to this Act, shall have effect in relation to claims for compensation under this section.

(5)Where the-special Act provides that the compensation of affected officers of the local authority who held office immediately before the special Act came into operation is to be recoverable from an authority other than the local authority, the compensation recoverable under subsection (1) of this section shall be recoverable from that other authority, and accordingly references in the Schedule to this Act to" the local authority shall be construed as references to that other authority, and it shall be the duty of the local authority on receiving a notification under subsection (2) of this section, to notify the contents thereof to that other authority and state whether or not the local authority propose to re-employ the officer concerned.

(6)Where any person is entitled to claim compensation under this section and under the special Act in respect of the same loss, he shall be entitled to claim compensation either under this section or under the special Act but not under both.

3Provisions as to teachers in certain schools

(1)Subject to the following provisions of this section, if in consequence of any school becoming a special agreement school or a controlled school, or in consequence of the discontinuance within six years after the passing of the Education Act, 1944, of any school maintained by a local education authority, any person who, at the date when the school became a special agreement or a controlled school, or before the school was discontinued, as the case may be, was engaged in war service, having ceased to be a teacher in that school in order to be so engaged, has suffered direct pecuniary loss by reason that, on ceasing to be engaged in war service, he was not re-employed as a teacher in the school, or was so re-employed with reduced emoluments, or by reason of the determination of his appointment or the reduction of his emoluments after he was so re-employed, he shall be entitled to recover compensation for that loss from the local education authority :

Provided that no person shall, by virtue of this subsection, be entitled to recover compensation for any loss, if provision is made for compensating him for that loss by or under any other enactment which is for the time being in force except the_ Reinstatement in Civil Employment Act, 1944.

(2)Subsections (2) and (4) of the last foregoing section and the Schedule to this Act shall apply to claims for compensation under this section as they apply to claims for compensation under that section, subject to the modifications that references to subsection (1) of that section shall be construed as references to subsection (1) of this section and the references to the local authority shall be construed as references to the local education authority.

4Power to pay compensation in certain additional cases

(1)Where any person has been engaged in war service and it appears to the authority to whom, any claim for compensation under section two or section three of this Act would be made by that person that he would have been entitled to claim such compensation but for the fact that his war service came to an end before the date on which the special Act came into operation or, as the case may be, the school became a special agreement school or a controlled school or was discontinued, the authority may, if in all the circumstances of the case it considers it just to do so, pay the like compensation as if his war service had continued until the said date.

(2)Any person applying for compensation by virtue of this section shall make a claim therefor in accordance with the Schedule to this Act, but shall include in the statement delivered with the claim such further particulars as may be prescribed, and the said Schedule (and in particular paragraph 8 thereof which gives a right of appeal to the Minister) shall apply in relation to the authority's decision on the claim in like manner as in the case of decisions on other claims.

5Power by Order in Council to provide for the compensation of officers of public authorities and public utility undertakers on war service

(1)Where it appears to His Majesty that, in the case of any change affecting the exercise of functions of any public authority or public utility undertakers (not being a case to which the foregoing provisions of this Act apply), any enactment or statutory order makes provision for the compensation of affected officers of the authority or undertaking who hold office before any such change occurs, and that it is expedient to make provision for the compensation of persons who have been engaged in war service and have not been re-employed or have suffered loss of employment, reduction of emoluments or deterioration in their conditions of employment by reason of any such change, he may by Order in Council make provision for the compensation of the last mentioned persons similar to the provision made by the foregoing provisions of this Act for the compensation of officers of local authorities on war service. Any such Order in Council may make provision as respects changes in functions occurring before or after the date of the Order.

(2)Every Order in Council made under this section shall be laid as soon as may be before Parliament, and if an Address is presented to His Majesty by either House of Parliament, within the period of forty days beginning with the day on which any such Order is laid before it, praying that the Order be annulled, His Majesty in Council may annul the Order and it shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the making of a new Order. In reckoning the said period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.

(3)Section one of the Rules Publication Act, 1893, shall not apply to any Order in Council made under this section.

(4)Any Order in Council made under this section may be varied or revoked by a subsequent Order made in like manner.

6Amendment of Fourth Schedule to Local Government Act, 1933, and section sixteen of Electricity (Supply) Act, 1919

(1)Any period during which a person has been engaged in war service shall be reckoned for the purposes of the Fourth Schedule to the Local Government Act, 1933, as applied by or incorporated, with or without modifications or adaptations, in any enactment or statutory order (except this Act or any other enactment or order which contains a provision to the like effect as this section), as a period of service in his office, and where any such period is so reckoned, his emoluments during that period shall, for the purposes of sub-paragraph (2) of paragraph 4 of the said Schedule as so applied or incorporated, be deemed to be such as he would have received if he had not been engaged in war service.

(2)Section sixteen of the Electricity (Supply) Act, 1919 (which provides among other matters for the reckoning of certain kinds of war service as service under the authorised undertakers), as amended by any subsequent enactment, and the said section as so amended arid as applied, with or without modifications or adaptations, by any subsequent enactment, shall have effect as if the reference to " the present war " or to " the war " included a reference to " the period of the present emergency " as defined by the Local Government Staffs (War Service) Act, 1939.

(3)This section shall be deemed to have had effect as from the first day of September, nineteen hundred and thirty-nine.

7Increase of grants to be defrayed out of moneys provided by Parliament

Any increase ascribable to the provisions of this Act in any grant payable by any Minister of the Crown shall be defrayed out of moneys provided by Parliament.

8Interpretation

(1)In this Act the following expressi9ns have the meanings hereby respectively assigned to them :—

  • " emoluments " includes all salary, wages, fees, poundage and other payments paid or made to an officer as such for his own use, including the money value of any apartments, rations or other allowances in kind appertaining to his office, but does not include payments for overtime or any sum paid to him to cover travelling expenses, cost of office accommodation, assistance of deputies, or clerical, or other assistance;

  • " enactment " includes an enactment in a local or personal Act;

  • " office " means any place, situation or employment, and the expression " officer " shall be construed accordingly ;

  • " the Minister " means the Minister of Health : Provided that the said expression—

    (a)

    in a case where the special Act substitutes for the purposes of the Fourth Schedule to the Local Government Act, 1933, any other Minister for the Minister of Health, means that other Minister ;

    (b)

    in a case to which section three or section four of this Act applies, being a case relating to a school, means the Minister of Education ;

  • " officer of the local authority on war service " means a person who at the date when the special Act came into operation was engaged in war service, having ceased to be an officer of the local authority in order to be so engaged or who, being an officer of that authority at that date, ceased on or after that date to be an officer of that authority in order to be so engaged : Provided that, in the application of this Act in a case where the change in functions arose in consequence of the Agriculture (Miscellaneous Provisions) Act, 1944, references in this definition to an officer shall be construed as referring only to officers employed in a whole-time capacity wholly or mainly on or in connection with the giving of advice or education on agricultural matters, and this definition shall only include persons who have, between the twenty-third day of August, nineteen hundred and thirty-nine, and the day appointed by the Minister of Agriculture and Fisheries under section one of the said Act, been continuously employed in a whole-time capacity in local government service (within the meaning of the said Act) or, while not so employed, been engaged in a whole-time capacity in war service or partly engaged in war service and partly employed in such local government service;

  • " prescribed " means prescribed by regulations made by the Minister;

  • " public utility undertakers " means any persons authorised by any enactment or order to carry on any railway, canal, inland navigation, dock, harbour, gas, electricity or water undertaking

  • " statutory order " means any order or scheme made under an enactment;

  • " war service " has the same meaning as in the Local Government Staffs (War Service) Act, 1939 : Provided that, in a case where the said expression has a different meaning in the special Act or in any such enactment or statutory order as is referred to in section five of this Act, it shall have the same meaning in this Act.

(2)References in this Act to the re-employment of any person with reduced emoluments shall be construed as referring to re-employment with emoluments less than those which he would have received in respect of employment in his former office or, as the case may be, employment as a teacher immediately before the date on which he ceased to be engaged in war service if he had continued to be so employed until that date.

(3)Where the special Act provides for appointing a day which, for the purposes of the provisions relating to the compensation of officers, is substituted for the date on which the special Act comes into operation, references in this Act to the said date shall be construed as referring to the said appointed day.

9Application to Scotland

This Act shall, in its application to Scotland, have effect subject to the following modifications—

(a)for references to the Minister of Health there shall be substituted references to the Secretary of State ;

(b)for references to the Fourth Schedule to the Local Government Act, 1933, there shall be substituted references to the provisions of section one hundred and twenty of the Local Government (Scotland) Act, 1889, or of the Second Schedule to the Rating (Scotland) Act, 1926, and paragraph (i) of subsection (1) of section seven of the Local Government (Scotland) Act, 1929;

(c)in section two, for subsection (4) there shall be substituted the following subsection—

(4)The provisions of the Schedule to this Act shall have effect in relation to claims for compensation under this section.;

(d)in subsection (1) of section six for the words " sub-paragraph (2) of paragraph 4 of the said Schedule " there shall be substituted the words

the said provisions;

(e)in paragraph 1 of the Schedule the reference to a justice of the peace shall be construed as including a reference to the convener or vice-convener of a county council, to the provost or acting chief magistrate of a burgh or to the chairman of a district council; and

(f)the provisions of paragraph (i) of subsection (1) of section seven of the Local Government (Scotland) Act, 1929, shall have effect in relation to the computation of the service of an officer for the purposes of the Schedule to this Act.

10Provisions as to Northern Ireland

(1)Notwithstanding anything in the Government of Ireland Act, 1920, the Parliament of Northern Ireland shall have power to make laws, as respects officers of local and public authorities and public utility undertakers in Northern-Ireland and as respects teachers in Northern Ireland, for purposes similar to the purposes of this Act.

(2)This Act, except the last foregoing subsection, shall not extend to Northern Ireland.

11Citation

This Act may be cited as the Compensation of Displaced Officers (War Service) Act, 1945.

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