The Passenger Transport (Compensation to Officers) Regulations 1970

PART I PRELIMINARY

Citation and commencement

1.—(1) These regulations may be cited as the Passenger Transport (Compensation to Officers) Regulations 1970.

(2) These regulations shall come into operation on the 30th May 1970 and shall have effect from the 2nd September 1969.

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”, in relation to a pensionable officer who has suffered loss of employment, means—

(a)

if his last relevant pension scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation, modified where necessary for the purpose of giving effect to these regulations, prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and

(b)

in any other case, such portion of the pension (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case;

“accrued retiring allowance”, in relation to a pensionable officer who has suffered loss of employment, means—

(a)

if his last relevant pension scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled in respect of his pensionable service according to the method of calculation, modified where necessary for the purpose of giving effect to these regulations, prescribed by that scheme if, at the date on which he ceases to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and

(b)

in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case;

“accrued incapacity pension” and “accrued incapacity retiring allowance” have the same respective meanings as “accrued pension” and “accrued retiring allowance” except that the reference to a person's attaining normal retiring age shall be construed as a reference to his becoming incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

“the Act” means the Transport Act 1968;

“added years”, in relation to a person who suffers loss of employment, means—

(a)

in the case of a contributory employee or local Act contributor any additional years of service reckonable by him in his employment immediately prior to the loss in question under regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954(1) as amended(2), or, in Scotland, under regulation 12 of the Local Government Superannuation (Benefits) (Scotland) Regulations 1954(3) as amended(4), any corresponding provision of a local Act scheme, or those regulations or any such provision as aforesaid as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are so reckonable under or by virtue of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948, or any other enactment; and

(b)

in the case of any other person, any additional years of service, similar to those mentioned in paragraph (a) of this definition, reckonable by him under his last relevant pension scheme;

“additional contributory payments” means—

(a)

additional contributory payments of the kind referred to in section 2(3) and (4) of the Local Government Superannuation Act 1953; or

(b)

any similar payments made under a local Act scheme or other pension scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or

(c)

any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; or

(d)

any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948;

“appropriate transfer order”, in relation to a person who has suffered loss of employment or loss or diminution of emoluments, means the order under section 17(1) of the Act to which, or, as the case may be, to anything done in pursuance of which, that loss or that diminution is attributable;

“attributable loss” means loss of employment or loss or diminution of emoluments which is attributable to the appropriate transfer order or to anything done in pursuance thereof;

“bus service” has the same meaning as in the Act:

“compensating authority” in relation to any person who has suffered attributable loss, means the Executive in relation to which provision is made by the appropriate transfer order for any transfer such as is mentioned in section 17(1) of the Act;

“compensation question” means a question arising in relation to these regulations—

(a)

as to a person's entitlement to compensation for loss of office or employment, or for loss or diminution of emoluments, or

(b)

as to the manner of a person's employment or the comparability of his duties;

“contributory employee”, “contributing service”, “non-contributing service”, “local Act contributor” and “local Act scheme” have the same meanings as in the Local Government Superannuation Act 1937 or, in Scotland, as in the Local Government Superannuation (Scotland) Act 1937;

“emoluments” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime, other than payments which are a usual incident of his employment, or any allowances payable to him to cover 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 employment; and “net emoluments”, in relation to any employment, means the annual rate (modified where necessary in accordance with regulation 42) of the emoluments of that employment less such part of those emoluments as the officer was liable to contribute under a pension scheme, and in relation to any employment which has been lost or the emoluments of which have been diminished, the expression means the annual rate of emoluments as aforesaid immediately before the loss or diminution, as the case may be: Provided that, where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceding the loss or diminution, the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of 5 years immediately preceding the loss or diminution, or such other period as the compensating authority may think reasonable in the circumstances:

“enactment” means any Act or any instrument made under an Act;

“Executive” means a Passenger Transport Executive for the establishment of which provision has been made by an order under section 9(1) of the Act;

“ferry service” has the same meaning as in the Act;

“local authority” means, in England and Wales, the council of a county, county borough, metropolitan borough, London borough, county district, rural parish or borough included in a rural district, the Greater London Council, the Common Council of the City of London and 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; and means in Scotland, any county council, town council or district council including any joint committee or joint board of such authorities appointed under any enactment, order or scheme;

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

“material date”, in relation to any person who suffers attributable loss, means—

(a)

for the purposes of regulation 3 and regulation 5, the date on which the appropriate transfer order is made and

(b)

for any other purpose of these regulations, the date appointed by the appropriate transfer order for the transfer of persons to the service of the Executive or the date on which that person suffered attributable loss whichever is the earlier;

“minimum pensionable age” means, in relation to a pensionable officer, the earliest age at which, under his last relevant pension scheme, he could have become entitled to receive payment of a pension, other than a pension payable in consequence of his redundancy, the termination of his employment in the interests of efficiency or his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

“Minister” means the Minister of Transport;

“national service” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and includes service immediately following such service as aforesaid, being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the authority or person under whom an officer held his last relevant employment;

“normal retiring age” means, in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of any enactment to which he was subject in the employment which he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case, the age of 65 years if the officer is a male, or 60 years if the officer is a female;

“officer” includes the holder of any place, situation or employment (other than membership of a Passenger Transport Authority) whether by virtue of an agreement for the rendering by him of personal services, by appointment, or otherwise, and the expression “office” shall be construed accordingly;

“Passenger Transport Authority” means a Passenger Transport Authority for the establishment of which provision has been made by an order under section 9(1) of the Act;

“pensionable officer”, in relation to a person who has suffered attributable loss means a person who immediately before suffering such loss was subject to a pension scheme;

“pension scheme”, in relation to a pensionable officer, means any form of arrangement associated with his employment for the payment of superannuation benefits, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise; and “last relevant pension scheme”, in relation to a pensionable officer means a pension scheme to which he was subject immediately before suffering attributable loss;

“reckonable service”, in relation to a person, means any period of whole-time or part-time employment in any relevant employment and includes any period of war service or national service undertaken on his ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefit to which he has become entitled;

“relevant employment”, in relation to a person who suffers attributable loss, means employment—

(a)

under the Crown or in the service of an Executive, a subsidiary thereof, or a local authority, or

(b)

as an officer of a Passenger Transport Authority, or

(c)

by any authority or body for the purposes of the Crown, an Executive, a subsidiary thereof or of local government in Great Britain, or

(d)

in the service of a person whose business consists of, or includes, the provision of bus services or ferry services, being employment in connection with such provision, or

(e)

under any officer employed as mentioned in either paragraph (a), (b) or (c) of this definition for the purposes of the functions of the employing authority or body, or

(f)

preceding any of the foregoing employments, being employment which is reckonable for the purposes of his last relevant pension scheme;

but, except as provided in regulations 7(1)(c) and 13(1)(c), the expression “relevant employment” does not include service in the armed forces of the Crown;

“resettlement compensation” means compensation payable in accordance with Part III of these regulations for loss of employment;

“retirement compensation” means compensation payable in accordance with the provisions of regulation 20, 21, 22 or 23;

“subsidiary”, in relation to an Executive, has the same meaning as in the Transport Act 1962, and in this connection no account shall be taken of the provisions of section 51(5) of the Act;

“tribunal” means a tribunal established under section 12 of the Industrial Training Act 1964;

“war service” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939 (or, in Scotland, the Education (Scotland) (War Service Superannuation) Act 1939), the Police and Firemen (War Service) Act 1939 or employment for war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940 and includes any period of service in the First World War in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment.

(2) (a) 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 the tables set out in the Schedule to these regulations in so far as they provide for the particular case.

(b) For the purpose of determining the application of the said tables the headings and the note to each table shall be treated as a part of the table.

(c) Where the said tables do not provide for a case in which 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 such as may be agreed between the compensating authority and the person to whom the capital sum or annual amount is payable.

(3) Unless the context otherwise requires, references in these regulations to the provisions of any enactment shall be construed as references to those provisions as amended, re-enacted or modified by or under any subsequent enactment.

(4) References in these regulations to a numbered regulation shall, unless the reference is to a regulation of specified regulations, be construed as references to the regulation bearing that number in these regulations.

(5) References in any of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first-mentioned regulation.

(6) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.

(1)

(1954 II, p. 1595).

(2)

S.I. 1955/1041 (1955 II, p. 1825).

(3)

(1954 II, p. 1632).

(4)

S.I. 1955/1226 (1955 II, p. 1831).