The Vehicle and Driving Licences (Compensation to Officers) Regulations 1977

40

In calculating for the purpose of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished and in determining the resettlement and long-term compensation of any person who has suffered such a loss or diminution, no account shall be taken of any temporary increase or decrease in the amount of the person's emoluments which is attributable to section 1 of the Vehicle and Driving Licences Act 1969 and which occurs otherwise than in the ordinary course of his employment.

Compensation not assignable

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• (1) Subject to the provisions of any enactment in that behalf, any compensation to which a person becomes entitled under these regulations shall be paid by the Secretary of State and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.

• (2) Without prejudice to any other right of recovery, any compensation paid in error may be recovered by the Secretary of State by deduction from any compensation payable under these regulations.

Right of appeal from decision of Secretary of State

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• (1) Every person who is aggrieved by any decision of the Secretary of State with respect to a compensation question or by any failure on the part of the Secretary of State 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—

• (a) in England and Wales, the Industrial Tribunals (Labour Relations) Regulations 1974[^f00007]; or

• (b) in Scotland, the Industrial Tribunal (Labour Relations) (Scotland) Regulations 1974[^f00008]

and these regulations; and the tribunal shall determine the question accordingly.

• (2) For the purpose of any proceedings instituted in pursuance of this regulation, a person or persons may be appointed to sit with the tribunal as assessor or assessors.

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

SCHEDULE 1 — TABLES AS TO CAPITAL VALUES AND ANNUAL AMOUNTS

NOTE:—This table is for use in connection with regulation 33(1) and (2) of the regulations for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 18, 19 or 20. Where the compensation is payable before age 60 (in the case of females) or 65 (in the case of males) but will be reduced on the attainment of that age to take account of a National Insurance pension the table should be used in conjunction with Table II(a) i.e. Table II(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. This table is not applicable for—

NOTE:—This table is for use in connection with regulation 33(1) and (2) for the compounding of annual retirement compensation which a person is currently entitled to receive under regulation 19 if he becomes incapacitated before normal retiring age. Where the compensation is payable before age 60 (in the case of females) or 65 (in the case of males) but will be reduced on the attainment of that age to take account of a National Insurance pension, the table should be used in conjunction with Table II(b) i.e. Table II(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.

This table is not applicable for—

NOTE:—This table is for use in connection with regulation 33(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 (in the case of females) or 65 (in the case of males). Table I(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 33(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 (in the case of females) or 65 (in the case of males). Table I(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 33(1) for compounding annual compensation payable to a widow under regulation 23. It should also be used, where a reduction of compensation under regulation 23(7) of the regulations falls to be apportioned between the compensation payable under that regulation and under regulation 24, for ascertaining the capital value of annual compensation to a widow.

NOTE:—This table is for use in connection with regulation 21 for ascertaining the annual amount by which retirement compensation under regulation 18, 19 or 20 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. It should also be used in connection with regulation 33(2) of the 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 21 for ascertaining the annual amount by which retirement compensation under regulation 19 is to be reduced where a claimant has become incapacitated before normal retiring age and has not paid to the compensating authority an amount equal to any sum paid to him by way of superannuation contributions. It should also be used in connection with regulation 33(2) of the 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 23(7) 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 23 and 24, 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 33(1) and (2) 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 age 65. 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 age 65.

NOTE:—This table is for use in connection with regulation 33(1) and (2) 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 age 70. For each £100 so calculated, the lump sum payable will be the amount shown in the table according to the number of complete years in the period between the date of compounding and age 70.

SCHEDULE 2 — LOCAL AUTHORITIES

PART I — In England and Wales

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• (a) The council of an administrative county, county borough or county district, or the representative body of a parish (ceasing to exist after 31st March 1974),

• (b) the council of a county or district (established by or under the Local Government Act 1972),

• (c) in England, any parish council, common parish council or parish meeting,

• (d) in Wales, a parish council, common parish council or parish meeting (ceasing to exist after 31st March 1974), or

• (e) in Wales, a community council (established by or under the said Act of 1972).

2

the council of a metropolitan borough or London borough, the Common Council of the City of London, the Greater London Council and the Council of the Isles of Scilly;

3

any burial board or joint burial board established under the Burial Acts 1852 to 1906;

4

any joint board or joint body constituted by or under any enactment for the purpose of exercising the functions of two or more authorities described in paragraphs 1, 2 or 3 above, and any special planning board within the meaning of paragraph 3 of Schedule 17 to the said Act of 1972;

5

any other authority or body, not specified in paragraphs 1, 2, 3 or 4 above, established by or under any enactment for the purpose of exercising the functions of or advising one or more of the authorities specified in paragraphs 1, 2, 3 or 4 above;

6

any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of, or advising, one or more authorities described in paragraphs 1, 2, 3, 4 or 5 above;

7

any two or more authorities described in paragraphs 1, 2, 3, 4, 5 or 6 above acting jointly or as a combined authority; or

8

a police authority (other than the Secretary of State) within the meaning of section 62 of the Police Act 1964 both as originally enacted and as subsequently amended and any previous police authority for whom Schedule 11 (Transitional Provisions) to that Act had effect or who was the police authority for an area or district which was before 1st April 1947 or after 31st March 1946 a separate police area.

PART II — In Scotland

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• (a) the council of a county, county of city, large burgh, small burgh or district referred to in section 1(5) of the Local Government (Scotland) Act 1973, or

• (b) a regional, islands or district council established by or under the said Act of 1973;

10

any joint board or joint body constituted by or under any enactment for the purpose of exercising any of the functions of two or more authorities described in paragraph 9 above;

11

any other authority or body, not specified in paragraphs 9 or 10 above, established by or under any enactment for the purpose of exercising any of the functions of, or advising, one or more of the authorities specified in paragraphs 9 or 10 above;

12

any committee (including a joint committee) established by or under any enactment for the purpose of exercising any of the functions of, or advising, one or more authorities described in paragraphs 9, 10 or 11 above, or

13

any two or more authorities described in paragraphs 9, 10, 11, or 12 above acting jointly or as a combined authority.

Signed

William Rodgers — Secretary of State for Transport — 28th July 1977

Explanatory note

EXPLANATORY NOTE

1 These Regulations revoke and re-enact, with amendments, the Vehicle and Driving Licences (Compensation to Officers) Regulations 1970 made under section 2 of the Vehicle and Driving Licences Act 1969. The principal changes are outlined in the following paragraphs.

2 Transitional provisions and savings have been made for persons entitled or in payment under the revoked regulations (regulation 1(3) and (4)).

3 The qualifying service for resettlement compensation has been reduced from 3 to 2 years (regulation 7). Compensation is payable as a lump sum, with the maximum award raised from 26 weeks net emoluments to 30 weeks gross emoluments (regulation 8). It is subject to adjustment only in respect of redundancy or similar payments which the claimant may be awarded (regulation 9). No reductions such as were formerly provided are to be made in respect of superannuation or National Insurance Benefits, or earnings from alternative employment.

4 The qualifying service for long-term compensation has been reduced from 8 to 5 years (regulation 11). The award is no longer to be reduced to take account of resettlement compensation payments. Awards for diminution of emoluments are no longer to be restricted to two-thirds of the amount of the diminution (regulation 14). The basis of calculation has been altered from net to gross emoluments.

5 The qualifying service for retirement compensation has been reduced from 8 to 5 years (regulation 16). The award is no longer to be reduced to take account of re-settlement compensation payment. It is not payable if the person has continued to pay superannuation contributions as if he had suffered no loss of emoluments (regulation 18).

6 The bar to compensation where emoluments have been diminished by less than 2½% has been removed.

7 A person is required to pay either to the fund authority (as defined by regulation 2(1)) or to the Secretary of State an amount equivalent to any sum paid to him by way of return of contributions when he lost his employment (regulation 21).

8 The provisions relating to compensation payable to a personal representative, widow or dependent have been revised to provide short term benefits at higher rates than previously (regulation 23).

9 In reviewing and making adjustments to long-term and retirement compensation to take account of superannuation benefits payable and earnings from alternative employment, provision is made to disregard the effect of certain increases in those benefits and earnings (regulation 32).

Footnotes

[^f00001]: S.I. 1970/1681 (1970 III, p. 5551).

[^f00002]: (1970 I, p. 1125).

[^f00003]: (1974 I, p. 1986).

[^f00004]: (1974 II, p. 3093).

[^f00005]: (1970 I, p. 1125).

[^f00006]: (Rev. XII, p. 554: 1937 p. 1550).

[^f00007]: (1974 II, p. 5330).

[^f00008]: (1974 II, p. 5342).