PART VIIPROCEDURE AND MISCELLANEOUS
Temporary variation of emoluments37
In calculating for the purposes of these Regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished and in determining the resettlement and long-term compensation of any person who has suffered such a loss or diminution—
a
no account shall be taken of any temporary increase or decrease in the amount of the person's emoluments which is attributable to the passing or making of any provision mentioned in Regulation 4 and otherwise than in the ordinary course of his employment, and
b
in any case where an office becomes vacant by reason of the last holder thereof either becoming a person duly entitled, in respect of the same employment, to benefits payable under regulations made under section 260(3) of the Local Government Act 1972 (early retirement of Chief Officers) or entering an employment to which Article 10 of the Local Government (New Council's etc.) Order 19732 applies, any increase in the amount of a person's emoluments which is, after the date of commencement of the Regulations or the Order relating to that person, attributable to—
i
his filling that office in an acting or temporary capacity, or
ii
his performance of, or responsibility for, the duties of that office, shall be disregarded.