Explanatory note

These Regulations made under section 42 of the Justices of the Peace Act 1949 as extended by section 32 of the Administration of Justice, Act 1964 provide for the payment of compensation to or in respect of justice clerks and their assistants who, after 14th March 1965 suffer loss of office or loss or diminution of emoluments which is attributable to the making of an order under section 18 of the Act of 1949 about the division of an are into petty sessional divisions or to the grouping of clerkships or the conversion of a part-time clerkship to a whole-time clerkship under Part III of that Act. The Justices of the Peace Act 1949 (Compensation) Regulations 1954 will continue to apply in the case of justices' clerks and their assistants who suffer loss of office or loss or diminution of emoluments before 15th March 1965.

The responsibility for deciding questions concerning the eligibility for or the amount of compensation rests with the appropriate magistrates' courts committee. The responsibility for paying any compensation awarded rests with the appropriate local authority. In the Regulations the bodies carrying out these functions are respectively referred to as the “determining authority” and the “paying authority”.

Part I of the Regulations contains definitions. Part II specifies the persons to whom the Regulations apply and the grounds of entitlement to compensation. The Regulations apply to persons appointed or employed whole-time or part-time.

The compensation payable is—

Resettlement compensation is payable for a period not exceeding 26 weeks to officers with at least 3 years' service as a justices' clerk or justices clerk's assistant or in other relevant employment. The qualifying conditions and factors to be considered are set out in Regulations 7, 9, 10 and 11. The method of calculating the amount of compensation is contained in Regulation 8.

Long-term and retirement compensation are payable to officers with at least 8 years' service as a justices' clerk or justices' clerk's assistant or in other relevant employment. The qualifying and other conditions are set out in Regulations 12 to 14.

The method of calculating the maximum amount of long-term compensation is laid down in Regulations 15 (loss of office) and 16 (diminution of emoluments). It is a proportion, not exceeding two thirds, of the net emoluments lost or of the amount by which emoluments have been diminished, as the case may be. This compensation is payable from a date determined under Regulation 17 and can be payable up to normal retiring age.

Retirement compensation for loss of office payable to a pensionable officer is based upon his accrued pension rights (Regulation 20) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (Regulation 23). Retirement compensation for diminution of emoluments is an appropriate proportion of that for loss of office (Regulation 21). In the case of a non-pensionable officer compensation not exceeding one half of the rate of long-term compensation may be paid (Regulation 29) and special provision is made for any persons whose pension arrangements are by way of policies of insurance (Regulation 30). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances may be put into payment earlier ( Regulations 18 and 19).

Compensation is payable to the widow, child or other dependant and the personal representative of a claimant who dies where such persons would have benefited under the relevant pension scheme (Regulations 24 to 26).

Part VI of the Regulations provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changes in circumstances (Regulation 35). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

Part VII contains provisions relating to the procedure for making claims and notifying decisions and to appeals by claimants who are aggrieved by a decision of a determining authority or the failure of a determining authority to notify their decision, and by paying authorities who are aggrieved by a decision of the determining authority. Appeals lie to a tribunal appointed by the Minister of Labour.