THE TOWN AND COUNTRY PLANNING (TRANSFER OF PROPERTY AND OFFICERS AND COMPENSATION TO OFFICERS) REGULATIONS, 1948.

EXPLANATORY NOTE

These Regulations provide for the transfer to local planning authorities for the purposes of the Town and Country Planning Act, 1947 (normally county or county borough councils), of property held and liabilities incurred for planning purposes before the coming into force of the Act by county district councils and joint planning committees which bodies will cease to be local planning authorities on the appointed day (1st July, 1948). Officers of these bodies who were in whole-time employment on planning business are also transferred by the regulations to the employment of the new local planning authorities.

The Regulations also provide machinery for compensating persons who lose employment or remuneration as a result of the transfer of functions effected by the Act, similar to the machinery set up for the purposes of the National Health Service Act, 1946. A claimant must have served for at least eight years in central or local government employment (see definition of “existing officer” in Regulation 14). If he has not refused a reasonably comparable office offered by a local planning authority to which he has been transferred (Regulation 16) or made good his loss by obtaining other employment (paragraph 4) he will be eligible for “interim” payments of two-thirds of his net emoluments, with deductions if he gets other employment or unemployment benefit, for a period of up to three months (paragraphs 4 and 5). During this period his claim will be assessed. He will be expected to look for and take other suitable employment (paragraphs 5(5) and 8). Compensation will be payable to him up to normal retiring age, and will be an annual sum based on a percentage of his net emoluments and the length of his service. The amount will be adjusted, in the light of the circumstances of the case, regard being had to any other emoluments which have or could have been obtained and the other factors mentioned in paragraphs 8 and 9. The award will be subject to review for a period of two years. If pensionable in his old employment, he will have a right to a payment equivalent to his accrued pension rights as from the age at which he would have retired, and in this payment account will be taken of any rights that may have existed under the pension scheme in respect of widow's pension, death benefit or incapacity pension (paragraphs 11, 12, 15, 16 and 17). For persons over 40, an addition may be made in recognition of their loss of future pensionable service (paragraph 20).

If the claimant was not pensionable, compensation will cease at normal retiring age unless he had expected to continue for a substantial period thereafter, in which case he will receive compensation after that age, for life, at half the rate he was getting up to that age (paragraph 24). Overlap with pension or remuneration from public funds is avoided (paragraphs 13, 35 and 36). A claimant who is aggrieved by a decision of a compensating authority may appeal to referees appointed by the Minister of Labour and National Service after consultation with the Lord Chancellor (Regulation 17).