The Local Government (Retirement of Chief Officers) Regulations 1973

Regulation 2(1)

SCHEDULE 1 Definition of “Recognised Officer”

1.  For the purpose of these regulations, the expression “ recognised officer” means a person who is employed—

 (a) by a local authority and, though not a chief officer or deputy chief officer, is treated by that authority as a chief officer or deputy chief officer by reason of the importance of his employment by that authority and is by resolution of that authority, passed before 28th February 1974, designated a recognised officer, or

1.

 (b) by a superannuation joint committee as a whole-time clerk, secretary, deputy clerk or deputy secretary;

and in either case his salary on the date on which he gives notice of election is not less than two-thirds of the salary of the comparable chief officer, as determined in accordance with the succeeding provisions of this Schedule.

2.  In relation to a person in the employment of a local authority, the comparable chief officer is the chief officer of that authority who receives the lowest salary.

3.  In the case of an officer in the employment of a superannuation joint committee, the comparable chief officer is the chief officer of all the authorities represented on that committee who receives the lowest salary.

4.  In any case where the post, which if occupied would be the post of the comparable chief officer, is vacant (for whatever reason) the salary of the comparable chief officer shall, subject to the provisions of paragraph 5(a) of this Schedule, be deemed to be the salary of the person who last held the post immediately before the post became vacant.

5.  For the purposes of this schedule—

(a) where a chief officer is not on a fixed salary but on a salary scale, regard shall be had to the lowest point only of that scale;

(b) the expression “salary” in relation to any person shall not include—

(i) any payments for overtime (whether or not such payments are a usual incident of the employment) or any fees or other payments paid or made to him as such for his own use, or the money value of-any accommodation or other allowances in kind appertaining to his employment, 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 monies to be spent, or to cover expenses incurred, by him for the purpose of his employment, or

  

(ii) any salary or wages or any of the monies or things described in (i) above which are payable to, or receivable by, him in respect of his employment otherwise than as an officer described in regulation 3(2) but held by virtue of his employment as an officer so specified.

6.  Neither a Chief Fire Officer nor a deputy Chief Fire Officer may be treated as a recognised officer for the purposes of these regulations.

Regulation 3(3)

SCHEDULE 2 Acceptance of other employment

1.  An employment for the purpose of regulation 3(3)(g) shall be employment by—

(a) a local authority, the Greater London Council, the council of a London borough, the Common Council of the City of London, a parish council or a community council,

(b) any joint board or joint body constituted by or under any enactment for the purpose of exercising the functions of two or more authorities described in (a) above,

(c) any other authority or body not specified in (a) or (b) above constituted for the purposes of local government in the United Kingdom,

(d) any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of or advising two or more authorities described in (a), (b) or (c) above,

(e) any two or more authorities or bodies described in (a), (b), (c) or (d) above acting jointly or as a combined authority, or

(f) any association,

being employment as a chief officer or deputy chief officer or other officer equivalent in status to such an officer.

2.  A person who—

(i) accepts an offer from any authority or other body described in paragraph 1 of this Schedule which is an offer of a temporary or acting appointment terminating on or before 31st March 1974, and

(ii) does not accept or take up, on or before 1st April 1974, an employment described in that paragraph,

shall not thereby be a person who accepts an offer within the meaning of regulation 3(3)(g).

Regulation 4(2)

SCHEDULE 3 Form of notice of election

Notice of Election