Explanatory note
These Regulations provide for the payment of compensation to or in respect of chief constables, deputy chief constables or assistant chief constables who suffer loss of office or loss or diminution of emoluments in consequence of the provisions of the Local Government Act 1972 or any instrument made thereunder.
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 compensation payable is—
resettlement compensation for loss of office (Part III);
long-term compensation for loss of office or loss or diminution of emoluments (Part IV);
retirement compensation for loss of office or loss or diminution of emoluments (Part V);
compensation payable on the death of a claimant (Part V).
Resettlement compensation is payable in a lump sum to persons with at least 2 years' service in relevant employment. The qualifying conditions and factors to be considered are set out in Regulation 7 and the methods of calculation are set out in Regulations 8, 9 and 10.
Long-term and retirement compensation is payable to persons with at least 5 years' service in relevant employment. The qualifying conditions and factors to be considered are set out in Regulations 12 and 13.
The method of calculating the amount of long-term compensation is laid down in Regulations 14 (loss of emoluments) and 15 (diminution of emoluments).
The compensation is payable from the date determined under Regulation 16, but is not payable for any period in respect of which retirement compensation is payable.
Retirement compensation is based upon accrued pension rights (Regulations 18 and 20) supplemented in the case of persons aged 40 years or over at the date of the loss or diminution by the addition of notional years of service (Regulation 18). Retirement compensation is ordinarily payable from the age of compulsory retirement but in certain circumstances is payable earlier (Regulations 19 and 20).
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 (Regulation 24).
Part VI provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changing circumstances. 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. A right is given to a claimant who is aggrieved by a decision on a compensation question or the failure of the compensating authority to notify its decision to refer the question for determination by a tribunal in accordance with the Industrial Tribunals (Industrial Relations, etc.) Regulations 1972.