Local Government (Wales) Act 1994

43 Compensation for loss of office or diminution of emoluments. E+W

(1) Where any person—

(a) is, at any time after the passing of this Act, in the service of an old authority, a new principal council or the Residuary Body, and

(b) suffers loss of employment or diminution of emoluments which is attributable to any provision made by or under this Act,

compensation in respect of any such loss or diminution suffered by him shall be paid only in accordance with regulations made under section 24 of the M1 Superannuation Act 1972.

(2) Accordingly, none of the bodies mentioned in subsection (1) shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

(3) Subsections (1) and (2) do not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 1st December 1993.

(4) No compensation shall be payable under regulations made under the M2 Superannuation Act 1972, to or in respect of a person to whom subsection (1) applies, in respect of any loss or diminution attributable to the termination of a late contract on or before 1st April 1996.

(5) In subsection (4)—

• “late contract” means a contract which is made after 30th November 1993 and provides for the employment of the person concerned for a fixed term extending beyond 31st March 1996; and

• “loss or diminution” means loss or diminution of a kind mentioned in subsection (1).

(6) For the purpose of determining under [F1 section 138 or 141 of the Employment Rights Act 1996]—

(a) whether the provisions of a new contract offered to a person employed by any such body as is mentioned in subsection (1) differ from the corresponding provisions of his previous contract, and

(b) whether employment under the new contract is suitable in relation to that person,

there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.

(7) Subject to subsection (6), nothing in this section shall be taken to affect any entitlement to a redundancy payment under [F2 Part XI of the Employment Rights Act 1996] or to any payment by virtue of any provision of the M3 Superannuation Act 1972 other than section 24 of that Act.

Textual Amendments

F1 Words in s. 43(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 63(3)(a) (with ss. 191-195, 202)

F2 Words in s. 43(7) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 63(3)(b) (with ss. 191-195, 202)

Modifications etc. (not altering text)

C1 Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

Marginal Citations

M1 1972 c. 11.

M2 1972 c. 11.

M3 1972 c. 11.