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The Justices of the Peace Act, 1949 (Compensation) Regulations 1954

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1.  These Regulations may be cited as the Justices of the Peace Act, 1949 (Compensation) Regulations, 1954, and shall come into operation on the first day of November, 1954.

2.  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 whole-time or part-time pensionable officer who has suffered loss of office, means the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation prescribed by the pension scheme to which he was last subject before suffering loss of office if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service or contribution, and includes the annual value as ascertained by an actuary of any contingent right under the pension scheme in respect of a widow's pension or a death grant which might have become payable to his widow or to his legal personal representatives on his death had he not suffered loss of office;

accrued retiring allowance”, in relation to a whole-time or part-time pensionable officer who has suffered loss of office, means any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation prescribed by the pension scheme to which he was last subject before suffering loss of office if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service or contribution;

the Act” means the Justices of the Peace Act, 1949;

actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland ;

completed year of service” means service for a period of three hundred and sixty-five days or a number of periods amounting in the aggregate to three hundred and sixty-five days: so however that if the period or periods of service when aggregated include a fraction of a year that fraction shall, if it equals or exceeds one hundred and eighty-two days, be treated as a year and in any other case be disregarded;

determining authority” means

(a)

when the claimant's loss of office is attributable to the coming into operation of section ten of the Act, the paying authority,

(b)

in any other case the magistrates' courts committee which appointed or employed the claimant or, in the case of a justices' clerk or a person employed by him in connection with the clerkship who lost office or employment before the first day of April, 1953, the magistrates' courts committee which would be deemed to have appointed him or to the employment of which he would have been transferred had he continued to hold the office or employment he lost until the first day of April, 1953;

emoluments” means all salary, wages, fees and other payments paid or made to the claimant for his own use in respect of the office he has lost and includes the money value of any apartments, rations or other allowances in kind appertaining to his office, but does not include payments in respect of overtime, and from the amount so calculated there shall be deducted—

(a)

the amount of any salaries or other sums paid by him to persons employed by him in connection with the duties of his office, and

(b)

the amount of his office expenses;

and “net emoluments” means the annual rate of the emoluments paid or made to the claimant immediately before the loss of office, after deducting therefrom, in the case of a pensionable officer, any contribution payable by him under the pension scheme to which he was then subject;

justices' clerk includes a clerk to the justices of a liberty;

local government serviceincludes service under a standing joint committee of a court of quarter sessions and a county council appointed under section thirty of the Local Government Act, 1888;

material date” means the date on which occurred the event to which the loss of office in respect of which a person claims compensation under these Regulations is attributable (that is to say, that date on which occurred one of the events specified in paragraph (i), (ii) or (iii) of Regulation 4 of these Regulations to which his said loss is attributable);

national service” means service of a description specified in the First Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act,1951 and includes any period immediately following the termination of such service during which the claimant (with the consent, in the case of a clerk of the peace or justices' clerk, of the authority by whom he was appointed and, in the case of any other person, of the person or authority by whom he was employed before undertaking that service) continued in similar service;

normal retiring age” means, in relation to a whole-time or part-time pensionable officer, the age of compulsory retirement prescribed by the pension scheme to which he was last subject before suffering loss of office and in any other case, in relation to a person claiming compensation in respect of the office of a justices' clerk, the age of seventy years and, in relation to any other person, the age of sixty-five years;

officeincludes employment;

part-time officer” means a person who immediately before the material date devoted part only of his time to the office of clerk of the peace or justices' clerk or to assisting the holder of such an office in the performance of the duties of that office ;

paying authority” means

(a)

where the office in respect of which a claim arises was that of clerk of the peace for any borough or other area, the council of the borough or of the county in which that area is comprised,

(b)

where the office in respect of which a claim arises was that of justices' clerk, in the case of a clerk to the justices for a borough having a separate commission of the peace, the council of that borough and, in any other case, the council of the county in which is comprised the petty sessions area or place in and for which the justices to whom the claimant was clerk acted,

(c)

where the employment in respect of which a claim arises consisted of assisting the holder of such an office as aforesaid, the council of the county or borough which would be the paying authority if the claim were in respect of the said office;

pensionable officer” means a person who immediately before the material date was subject to a pension scheme;

pension scheme” means a scheme for the payment of superannuation benefits to a person as part of the terms and conditions of the office he lost;

service”, in relation to a person to whom these Regulations apply, means any period of whole-time or part-time employment after attaining the age of eighteen years in any of the following offices or employments, that is to say:—

(a)

clerk of the peace.

(b)

justices' clerk.

(c)

employment in assisting the holder of such an office in the performance of the duties of that office,

(d)

service as collecting officer or in the employment of a collecting officer,

(e)

employment under the Crown,

(f)

employment in local government service in Great Britain,

and includes any period of national service or war service undertaken on that person's ceasing to hold any such office or employment as aforesaid if, in the case of national service, that person, within six months after the termination of such service, again was appointed to any such office or entered any such employment as aforesaid, but does not, in the case of a person who has been appointed to any such office or entered any such employment as aforesaid after becoming entitled to a superannuation benefit under, or under Regulations made under, the Local Government Superannuation Act, 1953, or any other Act, include employment which was taken into account only for the purpose of determining whether he was entitled to receive that benefit or for the purpose of calculating the amount of that benefit;

tribunal” means a referee or board of referees appointed by the Minister of Labour and National Service after consultation with the Lord Chancellor;

war service” means

(a)

service in the armed forces of the Crown, being service rendered between the fourth day of August, 1914. and the thirty-first day of August, 1921; or

(b)

war service within the meaning of the Local Government Staffs (War Service) Act, 1939 or

(c)

any period after the termination of the last-mentioned service during which the claimant (with the consent, in the case of a clerk of the peace or justices' clerk, of the authority by whom he was appointed and, in the case of any other person, of the person or authority by whom he was employed before undertaking that service) continued in similar service;

whole-time officer” means a person who immediately before the material date devoted the whole of his time to the office of clerk of the peace or justices' clerk or to assisting the holder of such an office in the performance of the duties of that office .

3.—(1) In relation to a justices' clerk who before the coming into operation of section nineteen of the Act was a collecting officer of any court, any emoluments in respect of that service shall, for the purposes of these Regulations, be treated as emoluments in respect of the duties of the clerkship and his duties as clerk shall, for the said purposes, be treated as including his services as collecting officer.

(2) Any reference in these Regulations to a person who suffers loss of office shall include a reference to a person who, before the date on which these Regulations came into operation, suffered loss of office.

(3) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

4.  These Regulations apply to any person who on the sixteenth day of December, 1949—

(a)was the holder of an office in respect of which he was paid a salary by a county or borough council; or

(b)was employed by the holder of any such office to assist him in the performance of the duties of that office; or

(c)would have been within one of the foregoing sub-paragraph but for any national service or war service on which he was then engaged,

and, being immediately before the material date a whole-time officer or a part-time officer, suffers the loss of one of the following offices or employments, that is to say, the office of clerk of the peace or justices' clerk or employment in assisting the holder of such an office in the performance of the duties of that office or, being immediately before the material date a whole-time officer, suffers a diminution of emoluments in respect of any such office or employment which loss or diminution of emoluments is attributable to—

(i)the coming into operation of section ten of the Act, or

(ii)the making of an Order under section eighteen of the Act, or

(iii)the grouping of clerkships under a justices' clerk.

5.  A person to whom these Regulations apply shall be entitled to have his case considered for the receipt of compensation under these Regulations, the question whether any such compensation is payable, and, if so, the amount thereof being determined in accordance with the provisions of the Schedule to these Regulations.

6.—(1) If a person to whom these Regulations apply has claimed compensation under these Regulations and is aggrieved by the refusal of the determining authority to accept his claim or by their failure to come to a decision on his claim within three months after the date on which it was received by them or by a decision that no compensation should be paid to him or by the amount of compensation awarded, he may, within three months after the refusal or failure or after the date on which he received notice of the decision or of the amount of compensation awarded, as the case may be, refer the matter to the tribunal; and the tribunal shall consider any matter so referred in accordance with the provisions of these Regulations and determine accordingly whether, and if so what, compensation ought to be awarded to the claimant; and the paying authority shall give effect to the decision of the tribunal.

(2) If any person to whom these Regulations apply has claimed compensation under these Regulations and the determining authority in relation to his claim are not the paying authority and the paying authority and the paying authority are aggrieved by a decision of the determining authority to accept the claim or by the amount of compensation awarded, the paying authority may, within one month after the date on which they receive notice of the decision or of the amount of compensation awarded, as the case may be, refer the matter to the tribunal; and the tribunal shall consider any matter so referred in accordance with the provisions of these Regulations and determine accordingly whether, and if so what, compensation ought to be awarded to the claimant; and the paying authority shall give effect to the decision of the tribunal.

(3) The proceedings on any reference under these Regulations to the tribunal shall be deemed not to be an arbitration to which anything in the Arbitration Act, 1950 applies.

7.—(1) Any compensation payable under these Regulations shall be paid by the paying authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.

(2) Any sum payable as compensation to a person under these Regulations shall be recoverable as a debt due from the paying authority.

David Maxwell Fyfe

One of Her Majesty's Principal Secretaries of State

Home Office, Whitehall

24th September, 1954

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