{
  "url": "https://openlegislation.uk/national-health-service-compensation-regulations-1974/note",
  "json_url": "https://openlegislation.uk/national-health-service-compensation-regulations-1974/note.json",
  "legislation": "uksi/1974/1748",
  "legislation_title": "The National Health Service (Compensation) Regulations 1974",
  "legislation_url": "https://openlegislation.uk/national-health-service-compensation-regulations-1974",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "1 These Regulations provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments in consequence of the provisions of the National Health Service Reorganisation Act 1973 or any instrument made thereunder. They are retrospective in regard to any loss or diminution occurring after 5th July 1973.\n2 Part I of the Regulations contains definitions. Part II specifies the persons to whom the regulations apply and the grounds of entitlement to compensation.\n3 The compensation payable is:\n(a) resettlement compensation for loss of employment (Part III);\n(b) long-term compensation for loss of employment or loss or diminution of emoluments (Part IV);\n(c) retirement compensation for loss of employment or loss or diminution of emoluments (Part V);\n(d) compensation to the widow, child or other dependant or to the personal representatives of a claimant who was a pensionable officer (Part V).\n4 Resettlement compensation is payable in a lump sum to officers with at least 2 years' service in relevant employment. The qualifying conditions and factors to be considered are set out in regulation 6, and the methods of calculation are set out in regulations 7 and 8.\n5 Long-term and retirement compensation is payable to officers with at least five years' service in relevant employment. The qualifying conditions and factors to be considered are set out in regulations 10 and 11.\n6 The method of calculating the amount of long-term compensation is laid down in regulations 12 (loss of emoluments) and 13 (diminution of emoluments). The compensation is payable from the date determined under regulation 14, but is not payable for any period in respect of which retirement compensation is payable. In the case of a non-pensionable officer, compensation not exceeding one half of the rate of long-term compensation may be paid beyond normal retiring age (regulation 25).\n7 Retirement compensation payable to a pensionable officer is based upon his accrued pension rights (regulations 17 and 19) supplemented in the case of persons aged 40 or over at the date of the loss or diminution by the addition of notional years of service (regulation 16). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 26). Retirement compensation is ordinarily payable from normal retiring age, but in certain circumstances is payable earlier (regulation 18).\n8 Compensation is payable to the widow, child or other dependant or to the personal representatives or trustees of a claimant who dies where such persons would have benefited under the relevant pension scheme (regulations 22 to 24).\n9 Part VI provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changing circumstances (regulation 31). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.\n10 Part VII contains provisions relating to the procedure for notifying decisions. A right is given to a claimant who is aggrieved by a decision on a compensation question or the failure of the Secretary of State to notify his decision to refer the question for determination by a tribunal in accordance with the Industrial Tribunals (Labour Relations) Regulations 1974.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1974/1748/note",
    "retrieved_at": "2026-10-29T21:23:08.890011+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."
}