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

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PART IVCompensation for diminution of emoluments

23.—(1) The compensation awarded to a whole-time officer for diminution of emoluments shall be awarded by way of an annual sum, payable for the same period or periods as would be the case were he a whole-time officer claiming compensation for loss of office under Parts II and III of this Schedule, and shall not, in respect of any such period, exceed a sum bearing the same proportion to the maximum amount of compensation which could have been awarded had he lost office as the annual rate of his emoluments immediately after diminution bears to the annual rate of his emoluments immediately before diminution:

Provided that where the said proportion is less than five per cent. no compensation shall be awarded.

(2) Any reference in the foregoing provisions of these Regulations to loss of office shall, in their application to a claim for diminution of emoluments, be construed as a reference to diminution of emoluments.

(3) Compensation under this Part of this Schedule shall cease to be payable if the whole-time officer ceases to hold the office in respect of which he is receiving compensation, otherwise than on grounds of ill health, injury or infirmity or of loss of office, before attaining normal retiring age.

24.  Paragraphs 7, 8 and 9 other than sub-paragraph (b) of paragraph 9, of this Schedule, shall apply to a first claim for compensation from a claimant for diminution of emoluments as they apply to a first claim for compensation from a claimant for loss of office.

25.  A decision to award compensation to a whole-time officer under this Part of this Schedule in respect of the period before he attains normal retiring age shall be subject to review in like manner as a decision to award compensation under Part II of this Schedule:

Provided that—

(a) no review shall take place after the date on which he ceases to hold the office in respect of which he is receiving compensation for diminution of emoluments, except a review as at that date; and

(b) while he continues to hold that office there shall be no limit to the period within which a review may take place.

26.  Paragraphs 18 to 20 of this Schedule shall apply to a whole-time pensionable officer entitled to compensation for diminution of emoluments as they apply to a whole-time pensionable officer entitled to compensation for loss of office.

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