The Water Authorities (Retirement of Chief Officers) Regulations 1974

Regulation 2(1)

SCHEDULE 1 DEFINITION OF “RECOGNISED OFFICER”

1.  For the purpose of these regulations, the expression “ recognised officer” means a person employed by a water authority—

 (a) who, though not a chief officer or deputy chief officer, is treated by that authority as a chief officer or deputy chief officer by reason of the importance of his employment by that authority and is by resolution of that authority, passed before 1st April 1974, designated a recognised officer, and

1.

 (b) whose salary on the date on which the resolution described in paragraph (a) above is passed is not less than two-thirds of the salary of the comparable chief officer, as determined in accordance with the succeeding provisions of this Schedule.

2.  In relation to a person in the employment of a water authority, the comparable chief officer is the chief officer of that authority, required to devote on the average not less than 30 hours per week in performing the duties of that authority, who receives the lowest salary.

3.  In any case where the post, which if occupied would be the post of the comparable chief officer, is vacant (for whatever reason) the salary of the comparable chief officer shall, subject to the provisions of paragraph 4(a) of this Schedule, be deemed to be the salary of the person who last held the post immediately before the post became vacant.

4.  For the purposes of this Schedule—

(a) where a chief officer is not on a fixed salary but on a salary scale, regard shall be had to the lowest point only of that scale;

(b) the expression “salary” in relation to any person shall not include—

(i) any payments for overtime (whether or not such payments are a usual incident of the employment) or any fees or other payments paid or made to him as such for his own use, or the money value of any accommodation or other allowances in kind appertaining to 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 monies to be spent, or to cover expenses incurred, by him for the purpose of his employment, or

(ii) any salary or wages or any of the monies or things described in (i) above which are payable to, or receivable by, him in respect of his employment otherwise than as an officer described in regulation 3(2) but held by virtue of his employment as an officer so specified.

Regulation 3(3)(f)

SCHEDULE 2 ACCEPTANCE OF OTHER EMPLOYMENT

PART 1

1.  An employment for the purpose of regulation 3(3)(f)(i) and (ii) shall be employment by a water authority being employment as—

(a) a director general, director, assistant director, divisional manager, divisional chief officer, chief officer or other officer equivalent in status to an aforementioned officer, or

(b) a deputy to an officer described in (a) of this paragraph, or any other officer equivalent in status to such a deputy;

and for the purpose of this paragraph, a water authority shall include any statutory water undertaker (as described in section 11(6) of the Water Act), the National Water Council (as described in section 4 of the Water Act) and the Water Space Amenity Commission (as described in section 23 of the Water Act).

2.  A person described in regulation 3(3)(f)(i) who—

(i) accepts an offer from any authority or other body described in paragraph 1 of this Schedule which is an offer of a temporary or acting appointment terminating on or before 31st July 1974, and

(ii) does not accept or take up, on or before 1st August 1974, an employment described in that paragraph,

shall not thereby be a person who accepts an offer within the meaning of regulation 3(3)(f)(i).

PART 2

3.  An employment for the purpose of regulation 3(3)(f)(ii) shall (in addition to employment specified in part I of this Schedule) be employment by—

(a) any authority specified in section 1(10) or (11) of the Act or section 20(6) of the Act,

(b) the Greater London Council, the council of a London Borough, the Common Council of the City of London, a parish council or a community council,

(c) any authority specified in section 2 or 21 of the Act,

(d) any other authority or body not specified in (a) (b) or (c) above constituted for the purposes of local government in the United Kingdom,

(e) any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of or advising two or more authorities described in (a), (b), (c) or (d) above,

(f) any two or more authorities or bodies described in (a), (b), (c), (d) or (e) above acting jointly or as a combined authority, or

(g) the County Councils Association, the Association of Municipal Corporations, the Urban District Councils Association or the Rural District Councils Association, or in the event of such an association ceasing to exist, the association succeeding to the property and liabilities of that association,

being employment as a chief officer or deputy chief officer or other officer equivalent in status to such an officer.

4.  A person described in regulation 3(3)(f)(ii) who—

(i) accepts an offer from any authority or other body described in paragraph 1 or 3 of this Schedule which is an offer of a temporary or acting appointment terminating on or before 31st July 1974, and

(ii) does not accept or take up, on or before 1st August 1974, an employment described in those paragraphs,

shall not thereby be a person who accepts an offer within the meaning of regulation 3(3)(f)(ii).

Regulation 4(2)

SCHEDULE 3 FORM OF NOTICE OF ELECTION

NOTICE OF ELECTION