The Coroners (Compensation) Regulations 1965

Interpretation

2.—(1) 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” has the meaning assigned to it by Regulation 26(2) of these Regulations;

“the Act of 1926” means the Coroners (Amendment) Act 1926 ;

“the Act of 1933” means the Local Government Act 1933;

“the Act of 1958” means the Local Government Act 1958;

“the Act of 1963” means the London Government Act 1963;

“compensating authority” means—

(a)

in the case of any person who suffers loss of office or loss or diminution of emoluments which is attributable to the provisions of any order or scheme made under Part VI of the Act of 1933 or of any order made under Part II of the Act of 1958 or of any instrument made under the Act of 1963, the authority by whom he was appointed in the office which has been lost or in respect of which he has suffered such loss or diminution or such other authority as may be designated by the order or instrument as the compensating authority for the purpose of the application of these Regulations in relation to that person;

(b)

in the case of any person who suffers loss of office or loss or diminution of emoluments which is not attributable as aforesaid but is otherwise attributable to the provisions of the Act of 1963, such authority as the Secretary of State may determine;

“coroner” does not include a deputy coroner or an assistant deputy coroner;

“emoluments” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and includes the money value of any apartments or other allowances in kind appertaining to his office, but does not include any allowances payable to him to cover the remuneration of deputy or assistant deputy coroners or the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his office; and

“net emoluments” means—

(a)

in relation to an office which has been lost or in which an officer has suffered a diminution of emoluments, the annual rate of the emoluments of that office immediately before such loss or diminution; and

(b)

in relation to any other office, the annual rate of the emoluments of that office at the time in question, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his office:

Provided that where fees were paid to a person as part of his emoluments during any year prior to that immediately preceding the loss or diminution, the amount in respect of fees to be included in the annual rate of emoluments mentioned in sub-paragraph (a) hereof shall be the annual average of the fees paid to him during the period of five years immediately preceding the loss or diminution, or such shorter period as may be reasonable in the circumstances;

“local authority” means the council of a county, county borough, London borough, county district, rural parish or borough included in a rural district and includes the Greater London Council, the Common Council of the City of London, the council of the Isles of Scilly, any two or more of those authorities acting jointly, and any joint committee, combined authority or joint board and a police authority for a county, a borough or a combined police area;

“long-term compensation” means compensation payable in accordance with the provisions of Part IV of these Regulations for loss of office or loss or diminution of emoluments ;

“material date” means in relation to any person who has suffered loss of office or loss or diminution of emoluments—

(a)

where the loss or diminution is attributable to the provisions of any order or scheme made under Part VI of the Act of 1933 or of any order made under Part II of the Act of 1958 or of any instrument made under the Act of 1963, the date on which the order, scheme or instrument was made or such other date or dates as may be specified in the order, scheme or instrument in relation to him for all or any of the purposes of these Regulations; and

(b)

where the loss or diminution is not attributable as aforesaid but is otherwise attributable to the provisions of the Act of 1963, 1st April 1965;

“office” includes employment, and the expression “officer” shall be construed accordingly;

“pensionable officer” means such a person as is mentioned in Regulation 26(2) of these Regulations ;

“reckonable service” means any period of service as a coroner;

“resettlement compensation” means compensation payable in accordance with Part III of these Regulations for loss of office suffered by a person to whom these Regulations apply;

“retirement compensation” means compensation payable in accordance with the provisions of Regulation 17, 18, 19 or 20 of these Regulations;

“tribunal” means a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor.

(2) Where under any provision of these Regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with tables for the time being approved by the Secretary of State for the purposes of these Regulations.

(3) The holder of the office of coroner shall, for the purposes of these Regulations, be regarded as employed in that office, and the expression “employment” shall be construed accordingly.

(4) Unless the context otherwise requires, references in these Regulations to the provisions of any enactment, rule, regulation, order or scheme shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment, rule, regulation, order or scheme.

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