The Land Drainage (Compensation) Regulations 1977

EXPLANATORY NOTE

1.  These Regulations provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments which is attributable to a scheme under section 10 or 11, an order under section 12 or 13 or an agreement under section 81 of the Land Drainage Act 1976 or to anything done in pursuance of any such scheme, order or agreement.

2.  Part I of the regulations (with Schedules 1 and 2) contains definitions. Part II (with Schedule 2) specifies the persons to whom the regulations apply and the the grounds of entitlement to compensation.

3.  The compensation payable is:

(a) resettlement compensation for loss of employment (Part III);

(b) long-term compensation for loss of employment or loss or diminution of emoluments (Part IV);

(c) retirement compensation for loss of employment or loss or diminution of emoluments (Part V);

(d) compensation to the widow, child or other dependant or to the personal representatives of a claimant who was a pensionable officer (Part V).

4.  Resettlement compensation is payable in a lump sum to officers with at least 2 years' service in relevant employment. The qualifying conditions and factors to be considered are set out in regulation 7, and the methods of calculation are set out in Regulations 8 and 9.

5.  Long-term and retirement compensation is payable to officers with at least five years' service in relevant employment. The qualifying conditions and factors to be considered are set out in Regulations 11 and 12.

6.  The method of calculating the amount of long-term compensation is laid down in Regulations 13 (loss of emoluments) and 14 (diminution of emoluments). The compensation is payable from the date determined under Regulation 15, but is not payable for any period in respect of which retirement compensation is payable. In the case of a non-pensionable officer, compensation not exceeding one half of the rate of long-term compensation may be paid beyond normal retiring age (Regulation 26).

7.  Retirement compensation payable to a pensionable officer is based upon his accrued pension rights (Regulations 18 and 20) supplemented in the case of persons aged 40 or over at the date of the loss or diminution by the addition of notional years of service (Regulation 17). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 27). Retirement compensation is ordinarily payable from normal retiring age, but in certain circumstances is payable earlier (Regulation 19).

8.  Compensation is payable to the widow, child or other dependant or to the personal representatives or trustees of a claimant who dies where such persons would have benefited under the relevant pension scheme (Regulations 23 to 25).

9.  Part VI provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changing circumstances (Regulation 32). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

10.  Part VII contains provisions relating to the procedure for making claims and notifying decisions. A right is given to a claimant who is aggrieved by a decision on a compensation question or the failure of the compensating authority to notify its decision to refer the question for determination by a tribunal in accordance with the Industrial Tribunals (Labour Relations) Regulations 1974 as amended by the Industrial Tribunals (Labour Relations) (Amendment) Regulations 1976.

11.  The Regulations revoke the Land Drainage (Compensation) Regulations 1964 as amended.