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1. These Regulations may be cited as the Local Government (Compensation) Regulations, 1948, and shall come into operation on the fifth day of July, 1948.
2. 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
if the pension scheme to which the officer was last subject before losing his employment provided benefits in which he had no right to participate but had reasonable expectations of participating, such proportion of the benefit of which he had reasonable expectations as the compensating authority considers equitable, having regard to his age, the length of his employment at the date of loss and all the other circumstances of the case; and
in any other case the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation, as modified by paragraph 17 of the schedule to these regulations, prescribed by the pension scheme to which he was last subject before losing his employment, if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said scheme as to a minimum period of qualifying service or contribution,
and includes the annual value as ascertained by an actuary of any contingent right under the scheme in respect of widow's pension or any other benefit which might have become payable to his widow or to his legal personal representatives on his death had he not lost his employment, but does not include any part of such pension as aforesaid which is attributable to any remuneration enjoyed, whether before or after the material date, in consequence of an increase between the 24th day of October, 1947, and the material date in the remuneration of any employment, if it can be shown that the increased remuneration was not granted in the ordinary course of that employment or in consideration of the person's assumption of increased responsibilities or new duties in connection with the discharge of the existing functions of the body employing him
“accrued incapacity pension”
“accrued retiring allowance,” in relation to a pensionable officer who has suffered loss of employment, means
“the Act” means
“actuary” means
“compensating authority” means
in the case of officers of a rating authority, the rating authority;
in the case of officers of a joint committee of rating authorities, such one of the rating authorities represented on that committee as may be agreed between them or, in default of agreement, as may be determined by the Minister;
in the case of officers of an assessment committee, the rating authority for the assessment area of that committee, or where the assessment area consists of more than one rating area, such one of the rating authorities in that assessment area as may be agreed between them or, in default of agreement, as may be determined by the Minister;
in the case of officers of a council of a county or of a county valuation committee, the council of the county;
in the case of officers of the quarter sessions for the County of London, the London County Council; and
in the case of officers of the Central Valuation Committee, the Railway Assessment Authority and the Anglo-Scottish Railways Assessment Authority, the Minister;
“emoluments” means
“existing officer” means
devoted the whole of his time, and had so devoted it for a period of not less than eight years before the material date after attaining the age of eighteen years without a break of more than twelve months at any one time, to employment under the Crown or in the local government service in Great Britain, or to employment by any authority or body functions of which cease or have ceased in consequence of the coming into force of any Part of the Act, or to employment under an officer engaged in any such employment as aforesaid for the purposes of the functions of the employing authority or body or to any combination of such employments, or who would so have devoted his time but for any previous loss of employment which was attributable to the coming into force of any Part of the Act; and
was employed for at least part of his time for the purposes of any rating authority, any joint committee of rating authorities, any assessment committee, any county valuation committee, any council of a county, the quarter sessions for the County of London, the Central Valuation Committee, the Railway Assessment Authority or the Anglo-Scottish Railways Assessment Authority;
“material date,” in relation to a person who has suffered loss of employment or diminution of the emoluments of any employment, means
“net emoluments,” in relation to an officer who suffers loss of employment or diminution of emoluments, means
if, for the purposes of the foregoing definition, account is required to be taken of any fees payable to a person as part of his emoluments, the amount thereof shall be taken to be the annual average of the fees paid to him during the three years immediately preceding the loss of employment or diminution of emoluments, or, if the fees were payable in respect of a shorter period, such shorter period; and
any amount by which the annual rate of his emoluments exceeds £4,000 shall be disregarded; and
if the officer was not a pensionable officer, no deduction shall be made on account of pension contributions.
“normal retiring age” means
“office” means
“pensionable officer,” in relation to an officer who has suffered loss of employment, means
“pension scheme” means
“service” in relation to a person means
“tribunal” means
“war service” means
3. The Interpretation Act, 1889, shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
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