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Local Government Act 1948

Changes over time for: Section 108

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Version Superseded: 19/05/1997

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108 Assessor of Public Undertakings (Scotland).E+W+S

(1)The Secretary of State may by order—

(a)from time to time provide for the transfer to such other persons as may be specified in the order of the functions of the Assessor of Public Undertakings (Scotland) remaining after the coming into operation of this Part of this Act; and

(b)provide for the discontinuance of the office of the said Assessor.

(2)The Secretary of State may by regulations make provision with regard to all or any of the following matters—

(a)the payment of compensation to the said Assessor or any clerk or other officer employed by him in respect of any pecuniary loss incurred by the Assessor, clerk or officer by reason of the determination of his office or the diminution of his emoluments in consequence of this Act or of anything done thereunder;

(b)the superannuation benefits of any such person as aforesaid who becomes a civil servant or a pensionable officer or servant of a local authority and—

(i)the reckoning for the purposes of [F1the principal civil service pension scheme within the meaning of section 2 of the M1Superannuation Act 1972 or of regulations made under section 7 of that Act in its application to Scotland], of the service of such person as Assessor or as such clerk or officer in like manner as if it were civil service or service rendered to the local authority as the case may be; or

(ii)the application, subject to such modifications as may be prescribed in the regulations, to any such person who becomes a civil servant of any enactment [F2or scheme] relating to the superannuation of persons transferring from local government service to civil service, and to any such person who becomes an officer or servant of a local authority of the aforesaid [F1regulations], in like manner in either case as if his service as Assessor or as such clerk or officer were service rendered to a local authority;

(c)the payment by the Secretary of State of any compensation or superannuation benefit or transfer value payable under the regulations and the recovery of the sums so paid by such contributions (whether by way of lump sum or periodical payments) from the British Transport Commission, the British Electricity Authority, the North of Scotland Hydro-Electric Board and the bodies included in the valuation roll made up by the said Assessor for the year 1948-49 as may be specified in the regulations.

(3)The last foregoing subsection shall, as regards any case where the said Assessor or any clerk or officer employed by him becomes a pensionable officer or servant of a local authority in England, have effect as if for any reference to the Secretary of State there were substituted a reference to the Secretary of State and the Minister, acting jointly, and for any reference to [F3regulations made under section 7 of the M2Superannuation Act 1972 in its application to Scotland there were substituted a reference to regulations made under that section in its application to England and Wales].

(4)In this section, the expression “local authority” has the like meaning as in the M3Local Government Superannuation (Scotland) Act 1937, or the M4Local Government Superannuation Act 1937, as the case may be.

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