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1. These regulations may be cited as the Land Drainage (Compensation) Regulations 1977 and shall come into operation on 1st April 1977.
2.—(1) In these regulations, unless the context otherwise requires—
“accrued pension”,
if his last relevant pension scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled under that scheme according to the method of calculation (modified where necessary for the purpose of giving effect to these regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and
in any other case, such portion of the pension (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to any practice of the drainage body by whom he was employed on the day immediately preceding the loss, his age, the length of his employment at the date of loss and all the other circumstances of the case;
“accrued retiring allowance”,
if his last relevant pension scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled under that scheme according to the method of calculation (modified where necessary for the purpose of giving effect to these regulations) prescribed by that scheme, if at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any additional contributory payments or payments in respect of added years which he was in the course of making; and
in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the compensating authority consider equitable, having regard to any practice of the drainage body by whom he was employed on the day immediately preceding the loss, his age, the length of his employment at the date of loss and all the other circumstances of the case;
“accrued incapacity pension” and “accrued incapacity retiring allowance” have the same respective meanings as “accrued pension” and “accrued retiring allowance” except that the reference to a person's attaining normal retiring age
“the Act” means
“the Act of 1972” means
“added years”,
in the case of a pensionable officer, any additional years of service being purchased by him in his employment immediately prior to the loss in question under regulation D10 or regulation D11 of the Local Government Superannuation Regulations 1974 and
in the case of any other person, any additional years of service similar to those mentioned in paragraph (a) of this definition being purchased by him under the last relevant pension scheme,
being in either case additional years which were being purchased partly at the expense of the employer and partly at the expense of the person under arrangements which were entered into before the employer either informed him in writing that his employment was to be terminated, or was likely to be terminated, or gave him written notice of termination of his employment;
“additional contributory payments” means
additional contributory payments of the kind referred to in any of regulations D6, D7 and D8 of the Local Government Superannuation Regulations 1974, or
any similar payments made under the last relevant pension scheme as a condition of
reckoning any period of employment as service for the purposes of the scheme, or
reckoning non-contributing service as contributing service (which expressions have the same meaning as in the scheme) for the purposes of the scheme, or
increasing the length at which any period of service or contributions would be reckonable for the purpose of calculating a benefit under the scheme, or
any payments similar to any of those mentioned in the foregoing paragraphs made in pursuance of interchange rules;
“compensating authority”,
“compensation question” means
as to a person's entitlement to compensation for loss of employment, or for loss or diminution of emoluments; or
as to the manner of a person's employment or the comparability of his duties;
“contributory employee”, “contributing service”, “non-contributing service”, “local Act contributor” and “local Act scheme”
“drainage authority” means
“drainage body” means
“emoluments”
“annual rate of emoluments”
“enactment” means
“fund authority”
“Health Act” means
“health authority” means
“instrument” means
“interchange rules” means
“last relevant pension scheme”,
“local authority” means
the council of an administrative county, county borough or county district, or the representative body of a parish (ceasing to exist after 31st March 1974),
the council of a county or district (established by or under the Act),
in England, any parish council, common parish council or parish meeting,
in Wales, a parish council, common parish council or parish meeting (ceasing to exist after 31st March 1974), or
in Wales, a community council (established by or under the Act of 1972);
the council of a metropolitan borough or London borough, the Common Council of the City of London, the Greater London Council and the Council of the Isles of Scilly;
any joint board or joint body constituted by or under any enactment for the purpose of exercising the functions of two or more authorities described in paragraphs (a) or (b) above, and any special planning board within the meaning of paragraph 3 of Schedule 17 to the Act of 1972;
any other authority or body, not specified in paragraphs (a), (b) or (c) above, established by or under any enactment for the purpose of exercising the functions of or advising one or more of the authorities specified in paragraphs (a), (b) or (c) above;
any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of, or advising, one or more authorities described in paragraphs (a), (b), (c) or (d) above;
any two or more authorities described in paragraphs (a), (b), (c), (d) or (e) above acting jointly or as a combined authority; or
a police authority for a county, a borough or a combined area;
“long-term compensation” means
“material date”
“minimum pensionable age” means
“Minister” means
“national service” means
“normal retiring age” means
“officer”
“pensionable officer”,
“pension scheme”,
“reckonable service”,
“relevant authority”,
“relevant employment” means
under the Crown or by any person, authority or body for the purposes of the Crown;
under any officer employed as mentioned in paragraph (a) of this definition for the purposes of the functions of that person, authority or body;
by any drainage authority or local authority;
by any health authority;
as clerk of the peace or deputy clerk of the peace, and employment in assisting such a person in the performance of the duties of that office;
which amounts to service or employment as described in paragraph (e) of the definition of “relevant employment” in regulation 2 of the Justices of the Peace Act 1949 (Compensation) Regulations 1965;
for the purposes of any statutory provision in the United Kingdom, being employment preceding any of the foregoing employment;
by a body which provides a public service in the United Kingdom otherwise than for the purpose of gain or to whom any grant is made out of monies provided by Parliament, being employment preceding any of the foregoing employments;
in such other service as the Minister may, in the case of any named officer, approve;
but, except for national service and war service, does not include service in the armed forces of the Crown;
“resettlement compensation” means
“retirement compensation” means
“tribunal” means
“war service” means
(2) The holder of any office, appointment, place, situation or employment shall, for the purposes of these regulations, be regarded as an officer employed in that office, appointment, place, situation or employment, and the expressions “officer” and “employment” shall be construed accordingly.
(3) Where under any provision of these regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount—
(a)the annual or capital value shall be ascertained in accordance with the tables set out in Schedule 1 in so far as they provide for the particular case;
(b)where the said tables do not provide for a case in which an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be the value as may be agreed between the compensating authority and the person to whom the capital sum or annual amount is payable; and
(c)for the purpose of determining the application of the said tables, the headings and the note to each table shall be treated as part of the table.
(4) In these regulations, unless the context otherwise requires,—
(a)references to any enactment shall be construed as references thereto as amended, re-enacted, applied or modified by any subsequent enactment; and
(b)references to the Local Government Superannuation Act 1937 and the Local Government Superannuation Act 1953 shall be construed as references thereto as having effect by virtue of paragraph 5(1) of Schedule 7 to the Superannuation Act 1972.
(5) References in these regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation or a Schedule of specified regulation, be construed as references to the regulation or Schedule bearing that number in these regulations.
(6) References in any of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first mentioned regulation.
(7) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
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