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Local Government Act (Northern Ireland) 1972

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137Compensation of officersN.I.

(1)The Ministry shall by regulations made with the approval of the Ministry of Finance make provision for the payment, on such terms and subject to such conditions as may be specified in the regulations, of compensation to or in respect of a person employed by an existing local authority who is transferred under section 135(1), (2) or (9) and who subsequent to his transfer, suffers loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to this Act or any other transferred provision such as is mentioned in section 134(1) and for whose compensation no provision is made by any other statutory provision.

(2)Regulations under this section may—

(a)include provision as to the funds out of which and the authority or authorities by whom compensation is to be defrayed;

(b)include provision as to the manner in which and the time within which and the person to whom any claim for compensation is to be made;

(c)be framed so as to have effect from a date earlier than the making of the regulations but not so as to place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making;

(d)apply for the purposes of this section any transferred provision relating to the payment of compensation, subject to the modifications (if any) specified in the regulations;

(e)make provision for the determination of questions arising under the regulations.

(3)Regulations under this section may also make provision in relation to persons who are employees of any such association of existing local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2), regulations making any such provision may provide that any compensation paid under the regulations by a government department shall be recoverable by that department in accordance with the regulations from such association or from such councils as may be prescribed by or determined under the regulations.

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