Regulation 2 Interpretation

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—

  1. (a)

     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 in respect of his pensionable service 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

  2. (b)

     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 his age, the length of his employment at the date of loss and all the other circumstances of the case;

• “accrued retiring allowance”, in relation to a pensionable officer who has suffered loss of employment, means—

  1. (a)

     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 in respect of his pensionable service 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

  2. (b)

     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 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 shall be construed as a reference to his becoming incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

• “added years”, in relation to a person who suffers loss of employment, means—

  1. (a)

     in the case of a contributory employee or local Act contributor, any additional years of service reckonable by him in his employment immediately prior to the loss in question under Regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954^f1 as amended^f2, or any corresponding provision of a local Act scheme, or those Regulations or any such provision as aforesaid as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are reckonable under or by virtue of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948, or any other enactment; and

  2. (b)

     in the case of any other person, any additional years of service, similar to those mentioned in paragraph (a) of this definition, reckonable by him under the pension scheme associated with the employment he has lost;

• “additional contributory payments” means—

  1. (a)

     additional contributory payments of the kind referred to in section 2(3) and (4) of the Local Government Superannuation Act 1953; or

  2. (b)

     any similar payments made under a local Act scheme or other pension scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or

  3. (c)

     any payments made for the purpose of increasing the length of which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; or

  4. (d)

     any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948;

• “compensating authority” means the Lord Chancellor;

• “compensation question” means a question arising under these Regulations—

  1. (a)

     as to a person's entitlement to compensation for loss of employment, or for loss or diminution of emoluments; or

  2. (b)

     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” have the same meanings as in the Local Government Superannuation Act 1937;

• “emoluments” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and also the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime which are not a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of his employment; and

• “net emoluments”, in relation to any employment, means the annual rate of the emoluments of that employment less such part of those emoluments as the officer was liable to contribute under a pension scheme, and in relation to any employment which has been lost or the emoluments of which have been diminished, the expression means the annual rate of emoluments as aforesaid immediately before the loss or diminution, as the case may be: Provided that where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceding the loss or diminution, the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of five years immediately preceding the loss or diminution, or such other period as the compensating authority may think reasonable in the circumstances;

• “enactment” means any Act or any instrument made under an Act;

• “last relevant pension scheme”, in relation to a pensionable officer, means a pension scheme to which he was subject immediately before suffering loss of employment or loss or diminution of emoluments;

• “local authority” means the council of a county, county borough, metropolitan borough, London borough, county district, rural parish or borough included in a rural district, the Greater London Council, the Common Council of the City of London and the council of the Isles of Scilly, any two or more of those authorities acting jointly and any joint committee, combined authority or joint board and a police authority for a county, a borough or a combined police area;

• “long-term compensation” means compensation payable in accordance with the provisions of Part IV of these regulations for loss of employment or loss or diminution of emoluments;

• “material date”, in relation to any person who has suffered loss of employment or loss or diminution of emoluments, means, for the purposes of regulations 3 and 5, 30th June 1971, and, for all other purposes, 1st January 1972, or the date on which the loss or diminution occurred, whichever is the earlier;

• “minimum pensionable age” means, in relation to a pensionable officer, the earliest age at which, under his last relevant pension scheme, he could have become entitled to receive payment of a pension, other than a pension payable in consequence of his redundancy or the termination of his employment in the interests of efficiency or his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

• “national service” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and includes service immediately following such service as aforesaid being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the authority or person under whom an officer held his last relevant employment or, where appropriate, the authority by whom such an officer was appointed.

• “normal retiring age” means, in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of any enactment to which he was subject in the employment which he has lost or the emoluments of which have been diminished or by virtue of the conditions of that employment, that age, and, in any other case—

  1. (a)

     in relation to a person claiming compensation in respect of the office of clerk of the peace, deputy clerk of the peace or under-sheriff, seventy years, and,

  2. (b)

     in relation to any other person, the age of sixty-five years if the officer is a male, or sixty years if the officer is a female.

• “officer” includes the holder of any place, situation or employment and the expression “office” shall be construed accordingly;

• “pensionable officer”, in relation to a person who has suffered loss of employment or loss or diminution of emoluments, means a person who immediately before such loss or diminution was subject to a pension scheme;

• “pension scheme”, in relation to a pensionable officer, means any form of arrangement associated with his employment for the payment of superannuation benefits, whether subsisting by virtue of Act of Parliament, trust, contract or otherwise;

• “reckonable service”, in relation to a person, means any period of whole-time or part-time employment in any relevant employment and includes any period of war service undertaken on his ceasing to hold any such employment but does not include employment of which account has been taken, or is required to be taken, in calculating the amount of any superannuation benefit to which he has become entitled;

• “relevant employment” means employment—

  1. (a)

     under the Crown or in the service of a local authority or of any court abolished or merged under the Courts Act 1971 or in connection with the exercise of any function transferred to the Lord Chancellor or any other Minister by that Act;

  2. (b)

     by any authority or body for the purposes of the Crown or of local government in the United Kingdom;

  3. (c)

     under any officer employed as mentioned in paragraph (a) or (b) of this definition for the purposes of the functions of the employing authority or body;

  4. (d)

     preceding any of the foregoing employments which was reckonable for the purposes of the last relevant pension scheme; or

  5. (e)

     such other employment as the compensating authority may, in the case of any named officer, approve,

  but except as provided in regulations 7(1) and 13(1) does not include service in the armed forces of the Crown;

• “resettlement compensation” means compensation payable in accordance with Part III of these Regulations for loss of employment;

• “retirement compensation” means compensation payable in accordance with the provisions of regulation 20, 21, 22 or 23;

• “tribunal” means a tribunal established under section 12 of the Industrial Training Act 1964;

• “war service” means war service within the meaning of the Local Government Staffs (War Service) Act 1939, the Teachers Superannuation (War Service) Act 1939, the Police and Firemen (War Service) Act 1939, or employment for was purposes within the meaning of the Superannuation Schemes (War Service) Act 1940, and includes any period of service in the first world was in the armed forces of the Crown or in the forces of the Allied or Associated Powers if such service immediately followed a period of relevant employment and was undertaken either compulsorily or with the permission of the employer in that employment.

The holder of an office or appointment shall, for the purposes of these Regulations, be regarded as employed in that office or appointment and the expression “employment” shall be construed accordingly.

Unless the context otherwise requires, references in these Regulations to the provisions of any enactment shall be construed as references to those provisions as amended, re-enacted or modified by any subsequent enactment.

References in these Regulations to a numbered regulation shall, unless the reference is to a regulation of specified regulations, be contrued as references to the regulation bearing that number in these Regulations.

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.

The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.