PART IPRELIMINARY
Title and commencement
1. These regulations may be cited as the Local Government (Retirement of Chief Officers) Regulations 1973 and shall come into operation on 20th August 1973.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
“accrued pension”, in relation to a person duly entitled, means
if his relevant superannuation scheme provided benefits in which he had a right to participate, the pension to which he would have become entitled under that scheme in respect of every employment which he ceases to hold on the day immediately before the payment date according to the method of calculation (modified where necessary for the purpose of giving effect to these regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any payments in respect of added years which he was in the course of making; and
in any other case, such portion of the pension (if any) of which he had reasonable expectations as the new authority consider equitable, having regard to any practice of the employing authority, his age, the length of his employment at the date of termination of his employment in consequence of the notice of election and all the other circumstances of the case;
“accrued retiring allowance”, in relation to a person duly entitled, means
if his relevant superannuation scheme provided benefits in which he had a right to participate, any lump sum payment to which he would have become entitled under that scheme in respect of every employment which he ceases to hold on the day immediately before the payment date according to the method of calculation (modified where necessary for the purpose of giving effect to these regulations) prescribed by that scheme if, at the date on which he ceased to be subject to that scheme, he had attained normal retiring age and complied with any requirement of that scheme as to a minimum period of qualifying service or contribution and completed any payments in respect of added years which he was in the course of making; and
in any other case, such portion of the lump sum payment (if any) of which he had reasonable expectations as the new authority consider equitable, having regard to any practice of the employing authority, his age, the length of his employment at the date of termination of his employment in consequence of the notice of election and all the other circumstances of the case;
“the Act” means
“added years”, in relation to a person duly entitled, means
in the case of a contributory employee or local Act contributor, any additional years of service reckonable by him in his employment immediately prior to its termination, under regulation 12 of the Local Government Superannuation (Benefits) Regulations 1954(1), or any corresponding provision of a local Act scheme, or that regulation or any such provision as aforesaid as applied by or under any enactment, and includes any additional years of service which, having been granted under any such provision or under any similar provision contained in any other enactment or scheme, have subsequently become and are reckonable under or by virtue of interchange rules, and
in the case of any other person, any additional years of service, similar to those mentioned in paragraph (a) of this definition, reckonable by him under the relevant superannuation scheme,
being in either case additional years which were being purchased partly at the expense of the employer and partly at the expense of the person under arrangements which were entered into before the making of these regulations;
“association” means
the County Councils Association,
the Association of Municipal Corporations,
the Urban District Councils Association, or
the Rural District Councils Association,
or in the event of such an association ceasing to exist, the association succeeding to the property and liabilities of that association;
“chief officer” means
the Joint Negotiating Committee for Clerks of County Councils,
the Joint Negotiating Committee for Town Clerks and District Council Clerks, or
the Joint Negotiating Committee for Chief Officers of Local Authorities;
“contributory employee”, “local Act contributor” and “local Act scheme”
“deputy chief officer” means
the terms of his employment were not negotiable as specified in paragraph (a) of this definition, but he holds his employment in the capacity of deputy to a chief officer in consequence of a resolution of the employing authority;
“enactment” means
“employing authority”, in relation to a person to whom these regulations apply, means
“fund authority”, in relation to any person, means
“interchange rules” means
“local authority” means
for the purposes of the definitions of “chief officer”, “deputy chief officer”, “employing authority” and “recognised officer”, any authority specified in either section 1(10) or (11) of the Act (other than the council of an urban parish) or section 20(6) of the Act (other than a parish council, a parish meeting, a representative body of a parish and a common parish council),
for the purpose of the definition of “new authority”, any authority specified in section 2 or 21 of the Act, and
for the purpose of Schedule 2, any authority described in paragraph (a) or (b) of this definition:
“new authority”, in relation to a person to whom these regulations apply, means
“normal retiring age”
“notice of election” means
“order of transfer”, in relation to a person to whom these regulations apply, means
“payment date”, in relation to any person, means
“pension scheme”, in relation to a person duly entitled, means
“person duly entitled” means
“probation committee” means
“reckonable service”
“recognised officer”
“relevant superannuation scheme”
“superannuation joint committee” means
(2) The holder of any office, appointment, place, situation or employment shall, for the purposes of these regulations, be regarded as an officer employed in that office, appointment, place, situation or employment and the expressions “officer” and “employment” shall be construed accordingly.
(3) In these regulations, unless the context otherwise requires—
(a)references to any enactment shall be construed as references thereto as amended, re-enacted, applied or modified by any subsequent enactment; and
(b)references to the Local Government Superannuation Act 1937 and the Local Government Superannuation (Benefits) Regulations 1954, shall, additionally, be construed as references thereto as having effect by virtue of paragraph 5(1) of Schedule 7 to the Superannuation Act 1972.
(4) References in these regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation or a Schedule of specified regulations, be construed as references to the regulation or Schedule bearing that number in these regulations.
(5) References in any of these regulations to a numbered paragraph shall, unless the reference is to a paragraph of a specified regulation, be construed as references to the paragraph bearing that number in the first mentioned regulation.
(6) The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(1954 II, p. 1595).