# The Local Government (Executive Councils) (Compensation) Regulations 1964, Note: Explanatory note


1 These regulations, made under section 60(2) of the Local Government Act 1958 and section 85(4) of the London Government Act 1963, provide for the payment of compensation to or in respect of employees of executive councils and certain other bodies constituted under the National Health Service Act 1946 who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government in England and Wales brought about by either—
(a) an order under part II of the Local Government Act 1958;
(b) the London Government Act 1963 or any instrument made under that Act; or
(c) an order under part VI of the Local Government Act 1933.
2 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 employed whole-time or part-time by executive councils or joint committees of such councils, by ophthalmic services committees, or by local medical committees, local dental committees, local pharmaceutical committees or local optical committees.
3 The compensation is payable by the Minister of Health and is—
(a) resettlement compensation for loss of employment (part III of the regulations);
(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 and personal representative of a claimant who was a pensionable officer (part V).
4 Resettlement compensation is payable for a period not exceeding 26 weeks to officers with at least 3 years' service in the National Health Service and other relevant employments. 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.
5 Long-term and retirement compensation are payable to officers with at least 8 years' service in the National Health Service and other relevant employments. The qualifying and other conditions are set out in regulations 12 to 14.
6 The method of calculating the maximum amount of long-term compention is laid down in regulations 15 (loss of employment) and 16 (diminution emoluments). It is a proportion, not exceeding two thirds, of the net emoluments lost or of the amount by which emoluments have been diminished, the case may be. This compensation is payable from a date determined under regulation 17 and can be payable up to normal retiring age.
7 Retirement compensation for loss of employment 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 employment (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).
8 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).
9 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.
10 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 or the failure of the Minister of Health to notify them of his decision. Appeals lie to a tribunal appointed by the Minister of Labour.

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Source: https://www.legislation.gov.uk/uksi/1964/1177/note (the official version)
Page: https://openlegislation.uk/local-government-executive-councils-compensation-regulations-1964/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.