(1)If in consequence of an amalgamation scheme or of anything done thereunder any person who, immediately before the date when the scheme came into operation, was an officer employed by a constituent authority or by a [F1joint police board], suffers direct pecuniary loss by reason of the determination of his employment or the diminution of his emoluments he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in operation, be entitled to receive compensation under this section from such constituent authority or [F1joint police board] as may be determined by or under that scheme.
(2)Any person who, immediately before the date on which an amalgamation scheme came into operation, was an officer employed by a constituent authority or by a [F1joint police board] and who, at any time within five years after the said date—
(a)has his services dispensed with or his emoluments reduced, otherwise than on the ground of misconduct, or
(b)relinquishes office by reason of his having been required to perform duties which are not analogous, or which are an unreasonable addition, to those which he was required to perform immediately before that date,
shall for the purposes of this section be deemed, unless the contrary is shown, to have suffered a direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments in consequence of the scheme.
(3)For the purposes of the determination and payment of compensation under this section the provisions of section 318 of, and Schedule 11 to, the M1Local Government (Scotland) Act 1947 (compensation of officers of local authorities on transfer of functions) shall be incorporated with this section subject to such modifications as the Secretary of State may prescribe for the purpose of adapting those provisions to claims under this section.
Textual Amendments
F1Words in s. 22(1)(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 71(8); S.I. 1996/323, art. 4(1)(b)(c)
Marginal Citations