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 the pension to which he would have become entitled in respect of his pensionable service according to the method of calculation (modified where necessary in accordance with regulation 23(2) of these regulations) prescribed by the pension scheme to which he was subject immediately before suffering loss of employment if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said 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 course of making;

• “accrued retiring allowance” in relation to a pensionable officer who has suffered loss of employment, means 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 in accordance with regulation 23(2) of these regulations) prescribed by the pension scheme to which he was subject immediately before suffering loss of employment if at the date on which he ceased to be subject thereto he had attained normal retiring age and complied with any requirement of the said 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 course of making;

• “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 having attained normal retiring age shall be construed as a reference to his having become incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

• “the Act of 1958” means the Local Government Act 1958;

• “the Act of 1933” means the Local Government Act 1933;

• “the Act of 1963” means the London Government Act 1963;

• “additional contributory payment” has the same meaning as in the National Health Service (Superannuation) Regulations 1961^f1 ;

• “emoluments” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and includes the money value of any apartments, rations or other allowances in kind appertaining to his employment, but does not include payments for overtime, other than payments which are 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” means—

  1. (a)

     in relation to an employment which has been lost or in which an officer has suffered a diminution of emoluments, the annual rate of the emoluments of that employment immediately before such loss or diminution, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his employment, except any periodical sum payable in respect of additional contributory payments; and

  2. (b)

     in relation to any other employment, the annual rate of the emoluments of that employment at the time in question, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his employment:

     Provided that where fees were paid to a person as part of his emoluments during any year prior to that immediately preceding the loss or diminution, the amount in respect of fees to be included in the annual rate of emoluments mentioned in sub-paragraph (a) hereof shall be the annual average of the fees paid to him during the period of 3 years immediately preceding the loss or diminution, or such shorter period as may be reasonable in the circumstances;

• “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” means in relation to any person who has suffered loss of employment or loss or diminution of emoluments—

  1. (a)

     where the loss or diminution is attributable to the provisions of any order made under part VI of the Act of 1933 or part II of the Act of 1958, or any instrument made under the Act of 1963—

     1. (i)

        for the purposes of regulations 3 and 5 of these regulations, the date of the order or instrument to which the loss or diminution was attributable; and

     2. (ii)

        for any other purpose of these regulations, the date of operation of such order or instrument or such other date or dates as may be specified therein in relation to that person or to any class of persons including that person; and

  2. (b)

     where the loss or diminution is not attributable as aforesaid but is otherwise attributable to the provisions of the Act of 1963—

     1. (i)

        for the purposes of regulations 3 and 5 of these regulations, 1st September 1964; and

     2. (ii)

        for any other purpose of these regulations, 1st April 1965;

• “minimum pensionable age” means, in relation to a pensionable officer, the earliest age at which, under the pension scheme associated with the employment he has lost or the emoluments of which have been diminished, he could have become entitled to a pension other than a pension payable in consequence of his incapacity to discharge efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;

• “Minister” means the Minister of Health;

• “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;

• “normal retiring age” means, in the case of a pensionable officer to whom an age of compulsory retirement applied by virtue of any Act or regulations to which he was subject in the employment 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, the age of 65 years if the officer is a male, or 60 years if the officer is a female;

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

• “payment in respect of added years” in relation to a pensionable officer means any payment made under regulation 32 of the National Health Service (Superannuation) Regulations 1961;

• “pensionable officer” in relation to an officer who has suffered loss of employment or loss or diminution of emoluments, means an officer who immediately before such loss or diminution was entitled to participate in the benefits of any pension scheme associated with his employment as an officer;

• “pension scheme” means a scheme for the payment of superannuation benefits to a person as part of the terms and conditions of any employment held by him;

• “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 or national service undertaken on the person's 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 the person has become entitled;

• “relevant employment” means employment—

  1. (a)

     under the Crown or in the service of an employing authority within the meaning of the regulations for the time being in force under section 67(1) of the National Health Service Act 1946, or

  2. (b)

     preceding either of the foregoing employments which was reckonable for the purposes of any pension scheme associated with the employment which has been lost, or

  3. (c)

     in such other service as the Minister may, in the case of any named officer, approve;

• “resettlement compensation” means compensation payable in accordance with part III of these regulations for loss of employment suffered by a person to whom these regulations apply;

• “retirement compensation” means compensation payable in accordance with the provisions of regulation 18, 19, 20 or 21 of these regulations;

• “tribunal” means a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor;

• “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 war purposes within the meaning of the Superannuation Schemes (War Service) Act 1940 and includes any period of service in the First World War 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.

Unless the context otherwise requires, references in these regulations to the provisions of any enactment, rule, regulation, order or scheme shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment, rule, regulation, order or scheme.

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