The Transport Holding Company (Compensation to Employees) Regulations 1972

• (a) giving reasons for the decision;

• (b) showing how any compensation has been calculated and, in particular, if the amount is less than the maximum which could have been awarded under these regulations, showing the factors taken into account in awarding that amount; and

• (c) directing the attention of the claimant to his right under regulation 42, if he is aggrieved by the decision, to institute proceedings before a tribunal and giving him the address to which the application instituting such proceedings should be sent.

Claimants to furnish information

37

• (1) Any person claiming or receiving compensation or whose award of compensation is being reviewed shall furnish all such information as the compensating authority may at any time reasonably require; and he shall verify the same in such manner, including the production of books or original documents in his possession or control, as may be reasonably so required.

• (2) Any such person shall, on receipt of reasonable notice, present himself for interview at such place as the compensating authority may reasonably require; and any person who attends for interview may, if he so desires, be represented by his adviser.

Procedure on death of claimant

38

• (1) In the event of the death of a claimant or of a person who, if he had survived, could have been a claimant, a claim for compensation under these regulations may be continued or made, as the case may be, by his personal representatives.

• (2) Where any such claim is continued or made as aforesaid by personal representatives, the personal representatives shall, as respects any steps to be taken or thing to be done by them in order to continue or make the claim, be deemed for the purposes of these regulations to be the person entitled to claim, but, save as aforesaid, the person in whose right they continue or make the claim shall be deemed for the purposes of these regulations to be such person, and the relevant provisions of these regulations shall be construed accordingly:

Provided that the compensating authority may in any such case extend the period within which a claim is required to be made by regulation 7, 13 or 19.

Calculation of service

39

For the purpose of making any calculation under these regulations in respect of a person's reckonable service, all periods of such service shall be aggregated and, except where reference is made to completed years of service, if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds 6 months, be treated as a year, and shall, in any other case be disregarded.

Temporary variation of emoluments

40

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 attributable loss, no account shall be taken of any increase in the amount of the person's emoluments which is due to any temporary allowance made in consequence of the happening of the relevant event and otherwise than in the ordinary course of his employment.

Compensation not assignable

41

Subject to any statutory provision in that behalf, any compensation to which a person 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:

Right of appeal from decision of compensating authority

42

• (1) Every person 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 a tribunal in accordance with the Industrial Tribunals (Employment and Compensation) Regulations 1967[^f00002], or in Scotland, the Industrial Tribunals (Employment and Compensation) (Scotland) Regulations 1967[^f00003], or in Northern Ireland, the Industrial Tribunals (Employment and Compensation) Regulations (Northern Ireland) 1967 and these regulations; and the tribunal shall determine the question accordingly.

• (2) For the purpose of any such proceedings a person or persons may be appointed to sit with the tribunal as assessor or assessors.

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

SCHEDULE

NOTE:—This table is for use in connection with regulation 35(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 21, 22, 23 or 24. 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 age 60 or 65 as the case may be and this table should be used for valuing the remainder.

NOTE:—This table is for use in connection with regulation 35(1) and (2) 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 not on that table.

NOTE:—This table is for use in connection with regulation 35(1) for compounding annual compensation to a widow under regulation 27. It should also be used, where a reduction of compensation under regulation 27(4) falls to be apportioned between the compensation payable under that regulation and under regulation 28, for ascertaining the capital value of annual compensation to a widow.

NOTE:—This table is for use in connection with regulation 25(1) for ascertaining the annual amount by which retirement compensation under regulation 21, 22 or 23 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 pension 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 35(2) 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 27(4) 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 27 and 28, 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 35(1) and (2) for compounding awards of long-term compensation under Part IV of these 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 these regulations). The capital value of that annual long-term compensation will be the total calculated multiplied by the appropriate factor.

Signed

Signed by authority of the Secretary of State.

John Peyton — Minister for Transport Industries — Department of the Environment — 21st April 1972

Explanatory note

EXPLANATORY NOTE

1 These regulations, made under section 2(4) of the Transport Holding Company Act 1972 (the Act), provide for the payment by the Transport Holding Company or by the authority to whom the responsibilities of the Transport Holding Company are transferred on its dissolution, of compensation to or in respect of any person who suffers loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is property attributable to a body ceasing to be a subsidiary of the Transport Holding Company after the passing of the Act. By virtue of section 135(3) of the Transport Act 1968 (as applied by section 2(4) of the Act) the regulations have retrospective effect from 23rd March 1972.

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 full-time, as United Kingdom based officers, by one of the bodies named in regulation 3(a) or who would have been so employed but for being engaged on national service.

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 or worsening of position (Part IV); (c)retirement compensation for loss or diminution of pension rights (Part V); (d)payments in respect of a deceased pensionable officer to his widow, child or other dependant or to his personal representatives in circumstances specified in the regulations (Part V).

4 Resettlement compensation is payable for a period not exceeding 26 weeks to officers continuously engaged for at least 3 years (disregarding breaks not exceeding in the aggregate 6 months) in relevant employment before the prescribed 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.

5 Long-term and retirement compensation are payable to officers continuously engaged for at least 8 years (without a break of more than 12 months at any one time) in relevant employment before the prescribed date. The qualifying and other conditions for long-term compensation are set out in regulations 13 and 14 and for retirement compensation in regulations 19 and 20.

6 The method of calculating the maximum amount of long-term compensation is laid down in regulations 15 (loss of emoluments) 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 18 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 17).

7 Retirement compensation payable to a pensionable officer for loss of pension rights is based upon his accrued pension rights (regulation 21) supplemented in the case of persons aged 40 or over at the date of the loss by the addition of notional years of service (regulation 20). Provision for retirement compensation (including the concept of additional years) in the case of a pensionable officer who suffers diminution of pension rights instead of a loss is provided by regulation 24 which also lays down the method of calculating the retirement compensation payable in such cases. Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances is payable earlier (regulations 22 and 23).

8 Provision is made for payments to the widow, child or other dependant or to the personal representatives of a claimant who dies where such persons would have derived benefit under the relevant pension scheme (regulations 27 to 29).

9 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 34). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

10 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 the compensating authority to notify its decision, a right to refer the question for determination by a tribunal established under section 12 of the Industrial Training Act 1964 or section 13 of the Industrial Training Act (Northern Ireland) 1964.

Footnotes

[^f00001]: (1962 III, p. 4051).

[^f00002]: (1967 I, p. 1205).

[^f00003]: (1967 I, p. 1220).