The Courts (Compensation to Officers) Regulations 1971

EXPLANATORY NOTE

1.  These Regulations, made under section 44 of the Courts Act 1971, provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments in consequence of the provisions of section 44(1) of the Act, the abolition or merger of any court by the Act, or the transfer by the Act of any function to the Lord Chancellor or any other Minister.

2.  Part I of the Regulations contains definitions. Part II specifies the persons to whom the Regulations apply and the grounds of entitlement to compensation.

3.  The compensation payable is—

(a) resettlement compensation for loss of employment (Part III);

(b) long-term compensation for loss of employment or loss or diminution of emoluments (Part IV);

(c) retirement compensation for loss of employment or loss or diminution of emoluments (Part V);

(d) compensation to the widow, child or other dependant or to the personal representatives of a claimant who was a pensionable officer (Part V).

4.  Resettlement compensation is payable for a period not exceeding 26 weeks to officers with at least three years' service in relevant employment. The qualifying conditions and factors to be considered are set out in regulation 7. The method of calculating the amount of compensation is contained in regulation 8.

5.  Long-term and retirement compensation is payable to officers with at least eight years' service in relevant employment. The qualifying and other conditions are set out in regulation 13.

6.  The method of calculating the maximum amount of long-term compensation is laid down in regulations 15 (loss of emoluments) and 16 (diminution of emoluments). This amount is a proportion, not exceeding two-thirds, of the net emoluments lost or of the amount by which emoluments have been diminished, as the case may be. This compensation is payable from a date determined under regulation 17 and can be payable up to normal retiring age. In the case of a non-pensionable officer, compensation not exceeding one-half of the rate of long-term compensation may be paid beyond normal retiring age (regulation 29).

7.  Retirement compensation payable to a pensionable officer is based upon his accrued pension rights (regulations 20 and 23) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (regulation 19). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 30). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances is payable earlier (regulations 21 and 22)

8.  Compensation is payable to the widow, child or other dependant or to the personal representatives or trustees of a claimant who dies where such persons would have benefited under the relevant pension scheme (regulations 26 to 28)

9.  Part VI provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changing circumstances (regulation 35). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances

10.  Part VII contains provisions relating to the procedure for making claims and notifying decisions, and confers upon a claimant who is aggrieved by a decision on a compensation question or the failure of the compensating authority to notify its decision a right to refer the question for determination by a tribunal established under section 12 of the Industrial Training Act 1964