The Coroners (Compensation) Regulations 1965

EXPLANATORY NOTE

1.  These Regulations, made under section 60(2) of the Local Government Act 1958 and section 85(4) of the London Government Act 1963, provide for the payment of compensation to coroners who suffer loss of office or loss or diminution of emoluments which is attributable to the reorganisation of local government brought about by—

(a) the provisions of any order or scheme made under Part VI of the Local Government Act 1933, or

(b) the provisions of any order made under Part II of the Act of 1958, or

(c) the Act of 1963 or of any instrument made under that Act.

2.  Part I of the Regulations contains definitions. Part II specifies the persons to whom the Regulations apply and the grounds of entitlement to compensation.

3.  The compensation payable is—

(a) resettlement compensation for loss of employment (Part III of the Regulations);

(b) long-term compensation for loss of employment or loss or diminution of emoluments (Part IV);

(c) retirement compensation for loss of employment or loss or diminution of emoluments (Part V).

4.  Resettlement compensation is payable for a period not exceeding 26 weeks to persons having at least 3 years' service as a coroner. The qualifying conditions and factors to be considered are set out in Regulations 6, 8, 9 and 10. The method of calculating the amount of compensation is contained in Regulation 7.

5.  Long-term and retirement compensation are payable to persons having at least 8 years' service as a coroner. The qualifying and other conditions are set out in Regulations 11 to 13.

6.  The method of calculating the maximum amount of long-term compensation is laid down in Regulations 14 (loss of employment) and 15 (diminution of emoluments). It is a proportion, not exceeding two thirds, of the net emoluments lost or of the amount by which emoluments have been diminished, as the case may be. This compensation is payable from a date determined under Regulation 16 and can be payable up to the age of 65 years.

7.  Retirement compensation for loss of employment payable to a pensionable officer is based upon his accrued pension rights (Regulation 19). Retirement compensation for diminution of emoluments is an appropriate proportion of that for loss of employment (Regulation 20). In the case of a non-pensionable officer compensation not exceeding one half of the rate of long-term compensation may be paid (Regulation 21). Retirement compensation is ordinarily payable from the age of 65 years but in certain circumstances may be put into payment earlier (Regulations 17 and 18). Provision for determining for the purposes of the Regulations whether a particular person is a pensionable officer and, if so, the amount of his accrued pension is contained in Regulation 26.

8.  Part VI of the Regulations provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changes in circumstances (Regulation 24). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

9.  Part VII contains provisions relating to the procedure for making claims and notifying decisions and to appeals by claimants who are aggrieved by a decision or the failure of a compensating authority to notify their decision. Appeals lie to a tribunal appointed by the Minister of Labour.