Explanatory note

These regulations, made by the Minister of Transport under section 1 of the Water Officers Compensation Act 1960, as applied by section 17(3) of the Transport Act 1968 have, by virtue of paragraph (2) of the said section 1, been framed so as to have effect from 2 September 1969, a date earlier than the making of the regulations. They provide for the payment of compensation to or in respect of local authority officers who suffer loss of employment or loss or diminution of emoluments which is attributable to an order under section 17(1) (transfer of local authority transport undertakings) of the said Act of 1968 or to anything done in pursuance of any such order.

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 or on behalf of a local authority.

The compensation payable is—

Resettlement compensation is payable for a period not exceeding 26 weeks to officers with at least 3 years' service in relevant employment before the material date. The qualifying conditions and factors to be considered are set out in regulation 7. The method of calculating the amount of compensation is contained in regulation 8.

Long-term and retirement compensation is payable to officers with at least 8 years' service in relevant employment before the material date. The qualifying and other conditions are set out in regulation 13.

The method of calculating the maximum amount of long-term compensation is laid down in regulations 15 (loss of employment) and 16 (diminution of emoluments). This amount is a proportion, not exceeding two thirds, of the net emoluments lost or of the amount by which the emoluments have been diminished, as the case may be. This compensation is payable from a date determined under regulation 17 and can be payable up to normal retiring age. 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 29).

Retirement compensation payable to a pensionable officer is based upon his accrued pension rights (regulations 20 and 23) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (regulation 19). 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 is payable earlier (regulations 21 and 22).

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 26 to 28).

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 changing circumstances (regulation 35). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

Part VII contains provisions relating to the procedure for making claims and notifying decisions, and confers upon a claimant who is aggrieved by a decision on a compensation question or a failure of a compensating authority to notify their decision a right to refer the question for determination by a tribunal established under Section 12 of the Industrial Training Act 1964.