The Water Authorities (Retirement of Chief Officers) Regulations 1974

Persons to whom the regulations apply

3.—(1) These regulations shall apply to any person who is, subject to the provisions of paragraph (4), an officer described in paragraph (2) and fulfils each of the conditions specified in paragraph (3).

(2) The officers referred to in paragraph (1) are—

(a) a chief officer,

(b) a deputy chief officer, or

(c) a recognised officer,

whose appointment as so described was (or would but for the reorganisation effected by the Water Act have been) permanent, and who is required to devote on the average not less than 30 hours per week in performing the duties of one or more water authorities.

(3) The conditions referred to in paragraph (1) are that—

(a) he attains or has attained the age of fifty on or before 31st March 1974;

(b) he is, subject to the provisions of paragraph (5), an officer within the meaning of paragraph (2) immediately before the commencement of these regulations;

(c) he will not attain normal retiring age—

(i) on or before 31st March 1974, or

(ii) on or before the payment date,

whichever is the later;

(d) he has five years' reckonable service to his credit or will have five years' reckonable service to his credit on or before 31st March 1974;

(e) on or before the payment date he gives to the new authority an undertaking that an amount equal to any sum received by him by way of return of superannuation contributions (including interest) after termination of the employment in consequence of the notice of election will immediately be paid—

(i) to the fund authority, if the provisions of his relevant superannuation scheme enable him to be credited with benefit attributable to such sum, or

(ii) to the new authority, if the provisions of his relevant superannuation scheme do not enable him to be credited with benefit attributable to such sum;

(f) he has not, before the date which would otherwise be the payment date accepted an offer of employment described in—

(i) part 1 of Schedule 2, if employed (on 31st March 1974 or the day before the payment date, whichever is the earlier) by a water authority within the meaning of paragraph (a) of the definition of water authority, or

(ii) part 1 or part 2 of Schedule 2, if employed (on 31st March 1974 or the day before the payment date, whichever is the earlier) by a water authority within the meaning of paragraph (b) of the definition of water authority; and

(g) he is alive on the payment date.

(4) An officer, notwithstanding that he is described in paragraph (2) and complies with the conditions in paragraph (3) shall only be a person to whom these regulations apply if—

(a) in a case where the payment date is not later than 1st April 1974, he would, were he not to become a person duly entitled, be a person to whom an order of transfer would apply, or

(b) in a case where the payment date is after 1st April 1974, he is a person to whom an order of transfer has been applied.

(5) Notwithstanding condition (b) in paragraph (3), a person shall not fail to be a recognised officer by reason only of the fact that the resolution described in paragraph 1(a) of Schedule 1 is passed after the commencement of these regulations.