Transport (London) Act 1969

37 Compensation for loss of employment, etc.

(1) The Minister shall by regulations require the payment by the Executive, the Railways Board or the Bus Company, as may be determined by or under the regulations, in such cases and to such extent as may be so determined, of compensation to or in respect of any person who is on the date of the happening of any of the following events, namely—

(a) a transfer of any property, rights or liabilities under section 16, 21 or 22 of, or Schedule 2 to, this Act, or in pursuance of a direction given under section 20(1) of this Act; or

(b) any change in the manner in which the Executive's undertaking is organised made in accordance with section 11(6) of this Act in pursuance of a direction by, or with the approval of, the Council; or

(c) the making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to the Act of 1968 as applied by paragraph 7(1) of Schedule 3 to this Act,

or who has before that date been, in any employment so determined and who suffers any loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is properly attributable to the happening of that event.

(2) Any such regulations may apply in relation to any such person whether or not he continues in the employment determined as aforesaid until the date of the happening of the relevant event aforesaid, and whether or not he is a party to an agreement for the rendering of personal services which is affected by the happening of that event.

(3) Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any such regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person other than the person required to pay the compensation in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.

(4) Regulations under this section—

(a) may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and

(b) may in particular contain provisions enabling appeals from any determination as to any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before a tribunal established under section 12 of the [1964 c. 16.] Industrial Training Act 1964.

(5) No regulations shall be made under this section unless a draft thereof has been approved by a resolution of each House of Parliament.

(6) Where the Executive, the Railways Board or the Bus Company are required by any such regulations to pay compensation thereunder, the others of those authorities may arrange to make to the compensating authority payments by way of contributions towards the liability of the compensating authority under the regulations ; and if the compensating authority satisfy the Minister that either of the other authorities have not made a proper contribution towards that liability, whether by payment of money or by finding employment for persons to or in respect of whom the compensation has become payable, the Minister may require that other authority to make such payment to the compensating authority as appears to the Minister to be just.