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This is the original version (as it was originally enacted).

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.

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