{
  "url": "https://openlegislation.uk/local-government-reorganisation-compensation-regulations-1986/note",
  "json_url": "https://openlegislation.uk/local-government-reorganisation-compensation-regulations-1986/note.json",
  "legislation": "uksi/1986/151",
  "legislation_title": "The Local Government Reorganisation (Compensation) Regulations 1986",
  "legislation_url": "https://openlegislation.uk/local-government-reorganisation-compensation-regulations-1986",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "These regulations are made for the purposes of section 53 of the Local Government Act 1985 (“the 1985 Act”), and accordingly constitute the only statutory provision under which compensation may be paid in the circumstances specified in section 53(1) (certain persons suffering loss of employment or loss or diminution of emoluments which is attributable to provision made by or under the Act).\nIn Part II, which deals with loss of employment, regulation 3 requires the maximum lump sum and annual compensation under the existing regulations there mentioned to be paid where it has been certified that the person ceased to hold his employment by reason of redundancy. In other cases where there is an entitlement to a redundancy payment under the Employment Protection (Consolidation) Act 1978, lump sum compensation is payable and is to be calculated by reference to that Act as modified by the regulations (regulation 4).\nIn Part III, which deals with loss or diminution of emoluments, regulation 6 defines “emoluments” and regulation 7 sets out the conditions of entitlement. Regulation 8 requires annual compensation, calculated by reference to the difference between former and current emoluments, to be paid for up to 8 consecutive 12-month periods. Regulation 9 concerns changes of employment subsequent to the initial loss or diminution.\nThe miscellaneous provisions in Part IV require certain increases and decreases in emoluments to be left out of account (regulation 10), deal with the payment of compensation and in particular allow advance payments to be made on account of Part III compensation (regulation 11), require costs to be apportioned in certain cases (regulation 12), and provide for questions to be determined in the first instance by the compensating authority, and in cases of dispute or default by an industrial tribunal (regulation 13). Regulation 14 adds certain bodies established by the 1985 Act to those who are “employing authorities” for the purposes of the existing regulations referred to in Part II.\nSection 24 of the Superannuation Act 1972 confers express power to make regulations retrospective in effect. Regulation 2 confers entitlement in relation to loss of employment or loss or diminution of emoluments occurring at any time after the passing of the 1985 Act on 15th July 1985 as section 53 of the 1985 Act requires.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/151/note",
    "retrieved_at": "2026-10-29T16:55:18.126367+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}