The Harbour Reorganisation (Compensation to Employees) Regulations 1967

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 net emoluments, the accrued pension or the accrued retiring allowance of any person who has suffered such a loss or diminution, no account shall be taken of any increase or decrease in the amount of the person's emoluments which is attributable to any temporary variation of his emoluments made in consequence of any of the provisions of a harbour reorganisation scheme.

Compensation not assignable

46

• (1) Subject to any statutory provision in the behalf, any compensation to which an officer becomes entitled under these regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.

• (2) Any sum payable as compensation to a person by a compensating authority shall be recoverable as a debt due from the authority.

Right to refer a decision of the compensating authority to a tribunal

47

• (1) Every claimant who is aggrieved by any decision of the compensating authority with respect to a compensation question, or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these regulations, may, within 13 weeks of the notification to him of the decision or the expiry of the prescribed time, as the case may be, institute proceedings for the determination of the question by the tribunal in accordance with the rules of procedure laid down in the Industrial Tribunals (Employment and Compensation) Regulations 1967[^f00003], or, in Scotland, the Industrial Tribunals (Employment and Compensation) (Scotland) Regulations 1967[^f00004], and the tribunal shall determine the question accordingly.

• (2) The compensating authority shall give effect to the decision of the tribunal with any modifications that may be required in consequence of any appeal from the decision on a point of law.

• (3) For the purpose of any proceedings instituted pursuant to paragraph (1) of this regulation, one or more person having special knowledge or experience in relation to the subject matter of the reference may, under the appropriate regulations specified in paragraph (1) of this regulation, be appointed, if it is thought fit, to sit with the tribunal as assessor or assessors.

Application of payments

48

Any sums paid to a compensating authority under regulation 27(1) of these regulations in respect of returned contributions shall, except in so far as they are repaid to the officers concerned, be applied for the payment of compensation which the authority are liable to pay under Part V of these regulations.

THE SCHEDULE

NOTE:—This table is for use in connection with regulation 39(1) and (2) of these regulations for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 22, 23, 24 or 25 of these regulations. Where the compensation is payable before age 60 (females), 65 (males) but will be reduced on the attainment of that age (in connection with National Insurance pension) the table should be used in conjunction with Table II, i.e. Table II should be used for valuing that part of the compensation which ceases to be payable at 60 (65) and this table should be used for valuing the remainder.

NOTE:—This table is for use in connection with regulation 39(1) and (2) of these regulations for the compounding of any part of annual retirement compensation which will cease to be payable on the attainment of age 60 (females), 65 (males). Table I should be used in relation to the remainder of such compensation, i.e. the part which is payable for life—see note on that table.

NOTE:—This table is for use in connection with regulation 39(1) of these regulations for compounding annual compensation payable to a widow under regulation 28 of these regulations. It should also be used, where a reduction of compensation under regulation 28(4) falls to be apportioned between the compensation payable under that regulation and under regulation 29, for ascertaining the capital value of annual compensation to a widow.

NOTE:—This table is for use in connection with regulation 27(1) of these regulations for ascertaining the annual amount by which retirement compensation under regulation 22, 23 or 24 of these regulations is to be reduced where a claimant has not paid to the compensating authority an amount equal to any sum paid to him by way of superannuation contributions or that amount has been repaid to him by the compensating authority at his request. It should also be used in connection with regulation 39(2) of these regulations for calculating for the purposes of that paragraph the annual value of retirement compensation awarded as a lump sum.

NOTE:—This table is for use in connection with regulation 28(4) of these regulations for ascertaining the annual amount by which compensation to a widow is to be reduced in the circumstances described in that paragraph. If a reduction is required to be apportioned between compensation payable under regulations 28 and 29 of these regulations, the capital value of annual compensation to a widow should be ascertained by reference to Table III.

NOTE:—This table is for use in connection with regulation 39(1) and (2) of these regulations for compounding awards of long-term compensation under Part IV of the regulations. The total amount of the annual long-term compensation which is to be compounded must first be calculated, i.e. the amount which the person would receive on account of that compensation, or the part of it which is to be compounded, if it were paid until “normal retiring age” (as defined in the regulations). For each £100 so calculated, the lump sum payment will be the amount shown in the table according to the number of complete years in the period between the date of compounding and “normal retiring age.”

Signed

Given under the Official Seal of the Minister of Transport the 18th December 1967.

Barbara Castle — The Minister of Transport

Explanatory note

EXPLANATORY NOTE

1 These regulations, made under section 19 of the Harbours Act 1964 read together with section 43(2) of the Docks and Harbours Act 1966, provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of a harbour reorganisation scheme under section 18 of the Harbours Act 1964.

2 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 for the purposes of a harbour authority, a local lighthouse authority or a person carrying out harbour operations.

3 The compensation payable is:— a resettlement compensation for loss of employment (Part III of the regulations); b long-term compensation for loss of employment or loss or diminution of emoluments (Part IV); c retirement compensation for loss or diminution of pension rights (Part V); d compensation to the widow, child or other dependant or to the personal representatives of a claimant who was a pensionable officer (Part V).

4 Resettlement compensation is payable for a period not exceeding 26 weeks to officers with at least 3 years' service with harbour authorities and in other relevant employments. The qualifying conditions and factors to be considered are set out in regulations 7, 9, 10 and 11. The method of calculating the amount of compensation is contained in regulation 8.

5 Long-term compensation is payable to officers with at least 8 years' service with harbour authorities and in other relevant employments. The qualifying and other conditions are set out in regulations 12 to 14.

6 The method of calculating the maximum amount of long-term compensation is laid down in regulation 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 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 18).

7 Retirement compensation is payable to a pensionable officer with at least 8 years service with harbour authorities and in other relevant employments. The qualifying and other conditions are set out in regulations 19 to 21.

8 Retirement compensation payable to an officer who has lost his employment is based upon his accrued pension rights (regulation 24) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (regulation 27). Retirement compensation for an officer who has suffered diminution or emoluments is an appropriate proportion of that which would have been payable if he had lost his employment (regulation 25). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 33). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances may be put into payment earlier ( regulations 22 and 23).

9 Compensation is payable to the widow, child or other dependent or to the personal representatives of a claimant who dies where such persons would have benefited under the relevant pension scheme (regulations 28 to 30).

10 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 changes in circumstances (regulation 38). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

11 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 the 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.

Footnotes

[^f00001]: (1954 II, p. 1595).

[^f00002]: (1954 II, p. 1632).

[^f00003]: (1967 I, p. 1205).

[^f00004]: (1967 I, p. 1220).