Local Government Act 1974

39 Compensation for loss of office: extension of cases for which regulations may provide

For subsection (3) of section 259 of the [1972 c. 70.] Local Government Act 1972 (regulations providing for compensation for loss of office attributable to that Act may extend to persons whose loss is attributable to any such transfer or relinquishment of functions as is referred to in paragraph (c) of the new subsection set out below) there shall be substituted the following subsection :—

“(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—

(a) the provisions of any such order as is referred to in section 326(1) of the [1936 c. 49.] Public Health Act 1936;

(b) an existing local authority ceasing, as respects the whole or any part of their area, to be a food and drugs authority, within the meaning of the [1955 c. 16 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 ;

(c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955 or in the [1974 c. 3.] Slaughterhouses Act 1974; or

(d) the provisions of an order under section 46 of the [1969 c. 54.] Children and Young Persons Act 1969 ;

and, without prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions as to compensation made for that case by section 326 of the Public Health Act 1936, section 129(1) of the Food and Drugs Act 1955 or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of the regulations apply.”