Regulation 39 Temporary variation of emoluments

In calculating for the purposes of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished and in determining the compensation of any person who has suffered such a loss or diminution—

(a)

no account shall be taken of any temporary increase or decrease in the amount of the person's emoluments which is attributable to the passing or making of any provision mentioned in regulation 4 and otherwise than in the ordinary course of his employment; and

(b)

in any case where a person held an office because the last holder thereof became entitled to benefits payable under the National Health Service Reorganisation (Retirement of Senior Officers) Regulations 1974^f1, as amended^f2, or entered employment to which article 7(2) of the National Health Service (Staff Transfer Schemes) Order 1974^f3 as amended by the National Health Service (Staff Transfer Appeals and Schemes Order Amendment) Order 1974^f4 applies, any increase in the amount of that person's emoluments which is attributable to—

(i)

his holding that office in any acting or temporary capacity; or

(ii)

his performance of, or responsibility for, the duties of that office,

shall be disregarded.

Annotations

Footnotes

f1: (1974 I, p. 677).
f2: S.I. 1974/801 (1974 II, p. 3071).
f3: (1974 I, p. 109).
f4: (1974 I, p. 1204).