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This is the original version (as it was originally enacted).

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.

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