The Courts (Compensation to Officers) (Amendment) Regulations 1973

Made: 27th November 1973

Laid before Parliament: 11th December 1973

Coming into Operation: 1st January 1974

The Lord Chancellor, in exercise of the powers conferred on him by section 44 of the Courts Act 1971 and with the concurrence of the Minister for the Civil Service, hereby makes the following Regulations:—

1

• (1) These Regulations may be cited as the Courts (Compensation to Officers) (Amendment) Regulations 1973 and shall come into operation on 1st January 1974.

• (2) In these Regulations “the principal Regulations” means the Courts (Compensation to Officers) Regulations 1971[^f00001] and a reference to a regulation by number means the regulation so numbered in those Regulations.

• (3) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

2

• (1) In the definition of “normal retiring age” in regulation 2(1) of the principal Regulations, there shall be inserted after paragraph (a) the following paragraph—

(aa) in relation to a person claiming compensation in respect of the office of chairman or deputy chairman of county quarter sessions or of recorder or deputy, assistant or temporary recorder of a borough, seventy-two years; and

• (2) The compensating authority may review any decision made before the coming into operation of these Regulations in respect of a claim in relation to any of the offices mentioned in paragraph (1) above, provided that any compensation payable by virtue of that decision shall not be reduced by reason only of a review under this paragraph.

3

For the tables in the Schedule to the principal Regulations there shall be substituted the tables in the Schedule to these Regulations.

SCHEDULE — SUBSTITUTION OF TABLES IN THE SCHEDULE TO THE PRINCIPAL REGULATIONS

NOTE:—This table is for use in connection with regulation 36(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 20, 21, 22 or 23 and which attracts pensions increase when the person attains age 55, or retirement age if greater. 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 tables should be used in conjunction with Table 2(a), i.e., Table 2(a) 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 36(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 20, 21, 22 or 23 and which attracts pensions increase from the outset. 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 tables should be used in conjunction with Table 2(b), i.e., Table 2(b) 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 36(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), and which attracts pensions increase from age 55, or retirement age if greater. Table 1(a) 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 36(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), and which attracts pensions increase from the outset. Table 1(b) 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 36(1) for compounding annual compensation to a widow which attracts pensions increase from the outset under regulation 26. It should also be used, where a reduction of compensation under regulation 26(6) falls to be apportioned between the compensation payable under that regulation and under regulation 27, for ascertaining the capital value of annual compensation to a widow.

NOTE:—This table is for use in connection with regulation 24(1) for ascertaining the annual amount (which attracts pensions increase from age 55, or retirement age if greater) by which retirement compensation under regulation 20, 21 or 22 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 36(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 24(1) for ascertaining the annual amount (attracting pensions increase throughout life) by which retirement compensation under regulation 20, 21 or 22 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 36(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 26(6) for ascertaining the annual amount (which attracts pensions increase from the outset) 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 26 and 27, the capital value of annual compensation to a widow should be ascertained by reference to Table 3.

NOTE:—This table is for use in connection with regulation 36(1) and (2) for compounding awards of long-term compensation which attracts pensions increase from age 55 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

Hailsham of St. Marylebone, C — Dated 26th November 1973

Concurrence of the Minister for the Civil Service given under his Official Seal on 27th November 1973.

K.H. McNeill — Authorised by the Minister for the Civil Service

Explanatory note

EXPLANATORY NOTE

These Regulations amend the Courts (Compensation to Officers) Regulations 1971 by applying a definition of “normal retiring age” of 72 years to persons claiming compensation in respect of certain quarter sessions offices which were abolished by the Courts Act 1971. The Regulations also substitute revised commutation tables in the Schedule to the 1971 Regulations which take account of pension increase legislation.

Footnotes

[^f00001]: (1971 III, p. 5700).