The Justices of the Peace Act 1949 (Compensation) Regulations 1978

• (5) Every notification of a decision by the determining authority (whether granting or refusing compensation or reviewing an award, or otherwise affecting any compensation under these Regulations) shall contain a statement—

• (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 41, if he is aggrieved by the decision, to institute proceedings before a tribunal and giving him the address to which any application instituting those proceedings should be sent.

Claimants to furnish information

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

• (2) Such a person shall, on receipt of reasonable notice, present himself for interview at any place that the determining 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

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• (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 to 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 that person, and the relevant provisions of the Regulations shall be construed accordingly.

• (3) The determining authority may in any case where a person who, if he had survived, could have been a claimant has died, extend the period within which a claim under Regulation 7 or 11 is to be made by his personal representatives.

Calculation of service

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• (1) For the purpose of determining the amount of any compensation payable in respect of the loss of an office to which, or of any two or more offices to which in the aggregate, a person devoted substantially the whole of his time, any previous period of part-time employment shall be treated as though it were whole-time employment for a proportionately reduced period.

• (2) For the purpose of making any calculation under these Regulations in respect of a person's reckonable service, all periods of that service shall be aggregated by reference to completed years and completed days; and any provision in these Regulations requiring compensation to be calculated by reference to a year of reckonable service shall (unless the provision specifically states that compensation is payable in respect of completed years) be construed as including completed days, each completed day over and above a completed year being expressed as one 365th of a year.

General provisions as to emoluments

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• (1) In these Regulations, subject to the provisions of paragraph (2) and Regulation 39 the expression “emoluments” means all salary, wages, fees and other payments paid or made to an officer as such for his own use, and also the money value of any accommodation or other allowances in kind appertaining to his office, but does not include payments for overtime which are not a usual incident of his office, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of his office.

• (2) Where fees or other variable payments were paid to an officer as part of his emoluments during any period immediately preceding the loss or diminution, the amount in respect of fees or other variable payments to be included in the annual rate of emoluments shall be the annual average of the fees or other payments paid to him during the period of 5 years immediately preceding the loss or diminution, or such other period as the determining authority may think reasonable in the circumstances.

• (3) For the purposes of these Regulations the annual rate of emoluments in relation to any office which has been lost or the emoluments whereof have been lost or diminished shall be the amount described in (a), (b) or (c) of this paragraph, whichever is the greater—

• (a) the emoluments received by him in the period of 12 months immediately preceding the loss or diminution;

• (b) in the case of emoluments payable monthly, the emoluments payable in respect of the last complete month immediately preceding the loss or diminution multiplied by 12; or

• (c) in the case of emoluments payable weekly, the emoluments payable in respect of the last complete week immediately preceding the loss or diminution multiplied by 52.

Emoluments of part-time office

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In ascertaining for the purposes of these Regulations whether, and how far, the emoluments of alternative employment fall short of emoluments which have been lost where those emoluments were payable in respect of two or more part-time offices, the emoluments of the alternative employment or of the aggregate of two or more alternative employments shall be apportioned in the proportion which the emoluments of the part-time offices bore to each other.

Payment of compensation

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• (1) Subject to the provisions of these Regulations, any compensation to which a person becomes entitled under these Regulations shall be paid by the paying authority.

• (2) Subject to the provisions of any enactment in that behalf, any such compensation shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.

• (3) Without prejudice to any other right of recovery, any compensation paid in error may be recovered by the paying authority by deduction from any compensation payable under these Regulations.

Right of appeal from decision of determining authority

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• (1) Every person who is aggrieved by any decision of the determining authority with respect to a compensation question or by any failure on the part of the determining 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 Tribunal (Labour Relations) Regulations 1974 and these Regulations; and the tribunal shall determine the question accordingly.

• (2) Every paying authority aggrieved by any decision of the determining authority with respect to the compensation question may, within 13 weeks of the notification to them of the decision, institute proceedings for the determination of the question by a tribunal in accordance with the Industrial Tribunal (Labour Relations) Regulations 1974 and these Regulations; and the tribunal shall determine the question accordingly.

• (3) 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.

• (4) The paying authority 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.

Application of Regulations of 1965

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The Justices of the Peace Act 1949 (Compensation) Regulations 1965, as amended, shall not apply to any person who suffers loss of office or employment or loss or diminution of emoluments after the coming into operation of these Regulations; and accordingly in Regulation 4 of the said Regulations of 1965 after the words “after the coming into operation of these Regulations” there shall be inserted the words “and before 20th December 1978”.

SCHEDULE — TABLES AS TO CAPITAL VALUES AND ANNUAL AMOUNTS

The capital value of an annual amount of £1 per annum, payable for life, which attracts pensions increase when the officer attains age 55, or immediately on retirement if age 55 has already been attained.

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 or Social Security 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—

(i) compounding an annual sum payable to a widow under Regulation 23 of the Regulations (Table III should be used)

(ii) compounding annual reitrement compensation which will not begin to be paid until some future date.

The capital value of an annual payment of £1, payable for life, and attracting pensions increase from the outset.

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 or Social Security 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—

(i) compounding an annual sum payable to a widow under Regulation 23 of the Regulations (Table III should be used)

(ii) compounding annual retirement compensation which will not begin to be paid until some future date.

Capital value of £1 per annum, ceasing at age 60 (females), 65 (males), which attracts pensions increase from age 55 or retirement age if greater.

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.

Capital value of £1 per annum, ceasing at age 60 (females), 65 (males), which attracts pensions increase from the outset of the pension.

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.

Capital value of an annual amount of £1, which attracts pensions increase from the outset, payable to a widow until death or remarriage.

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.

The annual amount, payable for life, which attracts pensions increase from age 55, or from retirement if age 55 has already been attained, equivalent in value to a lump sum of £100.

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 paying 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.

The annual amount, which attracts pensions increase throughout life, equivalent in value to a lump sum of £100.

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 paying 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.

The annual amount, which attracts pensions increase from the outset, payable to a widow until death or remarriage, equivalent in value to a lump sum of £100.

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 Regulation 23 and 24, the capital value of annual compensation to a widow should be ascertained by reference to Table III.

The capital value of each £100 of the total amount of long-term compensation, payable to age 65, in which the annual payments attract pensions increase from age 55, according to the outstanding period of long-term compensation.

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.

The capital value of each £100 of the total amount of long-term compensation, payable to age 70, in which the annual payments attract pension increase from age 55, according to the outstanding period of long-term compensation.

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.

Signed

Merlyn Rees — One of Her Majesty's Principal Secretaries of State — Home Office — 20th November 1978

Explanatory note

EXPLANATORY NOTE

• (a) the making of an order under section 18 of the Justices of the Peace Act 1949 about the division of an area into petty sessional divisions,

• (b) the grouping of clerkships under Part III of that Act, or

• (c) the conversion of part-time clerkships into a whole-time clerkship under the said Part III.

• (a) resettlement compensation for loss of office (Part III);

• (b) long-term compensation for loss of office or loss or diminution of emoluments (Part IV);

• (c) retirement compensation for loss of office or loss or diminution of emoluments (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).

Footnotes

[^f00001]: S.I. 1971/1119.