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1. These Regulations may be cited as the Probation (Compensation) Regulations 1965 and shall come into operation on 1st April 1965.
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 pensionable officer who has suffered loss of employment, means
“accrued retiring allowance” in relation to a pensionable officer who has suffered loss of employment, means
“accrued incapacity pension” and “accrued incapacity retiring allowance”
“the Act of 1933” means
“the Act of 1958” means
“the Act of 1964” means
“added years” in relation to a contributory employee or local Act contributor who suffers loss of employment means
“additional contributory payments” means
additional contributory payments of the kind referred to in section 2(3) and (4) of the Local Government Superannuation Act 1953; or
any similar payments made under a local Act scheme as a condition of reckoning any period of employment as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or
any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; or
any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948;
“compensating authority” means
in relation to an officer who after being transferred from the employment of one authority to the employment of another authority under the Act of 1933, the Act of 1958 or the Act of 1964 has suffered loss of employment or loss or diminution of emoluments, the authority by whom the officer was last employed or the emoluments were last paid, as the case may be, prior to the loss or diminution;
in relation to an officer not transferred as aforesaid who suffers loss of employment or loss or diminution of emoluments, such authority as is mentioned in paragraph (a) of this definition or, if that authority has ceased to exist, such authority as the Secretary of State may determine;
“contributory employee” and “local Act contributor”
“emoluments” means
“net emoluments” means
in relation to an employment which has been lost or in which an officer has suffered a diminution of emoluments, the annual rate of the emoluments of that employment immediately before such loss or diminution, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his employment except any periodical sum payable in respect of additional contributory payments; and
in relation to any other employment, the annual rate of the emoluments of that employment at the time in question, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his employment;
“interested authority” in relation to a compensating authority which is a probation committee means
“local authority” means
“long-term compensation” means
“material date” in relation to any person who has suffered loss of employment or loss or diminution of emoluments means
where the loss or diminution is attributable to any provision of the Act of 1964, 1st April 1965; and
where the loss or diminution is attributable to the provisions of any order or scheme made under Part VI of the Act of 1933 or of any order made under Part II of the Act of 1958 or of any instrument made under the Act of 1964, the date on which the order, scheme or instrument was made, or such other date or dates as may be specified therein for all or any of the purposes of these Regulations;
“minimum pensionable age” means
“national service” means
in the case of a person whose last relevant employment was as a justices' clerk, of the authority by whom he was appointed, or
in the case of any other person, of the authority or person under whom he held his last relevant employment;
“normal retiring age” means
“office” means
“pensionable officer” in relation to an officer who has suffered loss of employment or loss or diminution of emoluments, means
“pension scheme” means
“reckonable service” in relation to a person means
“relevant employment” means
as a probation officer, or by a probation committee or the Secretary of State in connection with the work of probation officers, or
under the Crown or in the service of a local authority in Great Britain, or
by any authority or body for the purposes of the Crown or of local government in Great Britain, or
under any officer employed as mentioned in paragraph (b) or (c) of this definition for the purposes of the functions of the employing authority or body, or
preceding any of the foregoing employments which was reckonable for the purposes of any pension scheme associated with the employment which has been lost, or
in such other service as the Secretary of State may, in the case of any named officer, approve;
“resettlement compensation” means
“retirement compensation” means
“tribunal” means
“war service” means
(2) Where under any provision of these Regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with tables for the time being approved by the Secretary of State for the purposes of these Regulations.
(3) Unless the context otherwise requires, references in these Regulations to the provisions of any enactment, rule, regulation, order, scheme or other instrument shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment, rule, regulation, order or scheme.
(4) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
(1954 II, p. 1595).
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