The Local Government Reorganisation (Compensation for Loss of Remuneration) Regulations 1995

Interpretation

2.—(1) In these Regulations—

“eligible person” means a person entitled to compensation under these Regulations;

“prescribed period” means—

(a)

in Wales, the period from 4 May 1995 to 30 September 1997;

(b)

in the Isle of Wight, the period from 1 April 1995 to 30 September 1996; and

(c)

in any other local government area in England to which an order made under section 17 of the 1992 Act applies, a period commencing with the date provided for in that order for an election to a unitary authority or authorities established by that order, and ending on a date eighteen months after that reorganisation date;

“registration officer” means any superintendent registrar and registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act;

“relevant compensation period” means any period of 36 months beginning on the date on which an eligible person suffers a reduction or further reduction in remuneration to which regulation 3 applies;

“relevant contract” means a contract under which a person works for another whether under a contract of service or apprenticeship or otherwise, but does not include a contract for services;

“relevant employment” means employment under a relevant contract (or an office held by virtue of such employment)—

(a)

in England with a district council or county council which is the subject of a structural change or boundary change under an order made under section 17 of the 1992 Act;

(b)

in Wales—

(i)

with a district council, county council, or joint board which ceases to exist by virtue of the 1994 Act; or

(ii)

with the Residuary Body for Wales, a county borough council or a county council established under the 1994 Act,

and “relevant employer” is to be construed accordingly;

“remuneration” means—

(a)

all the salary, wages, fees calculated as in paragraph (b) below and other payments made to an eligible person by an employer for his own use and the money value of any accommodation, vehicle or other allowances in kind arising from his employment so far as they are for that person’s private use, but shall not include—

(i)

any payment in respect of non contractual overtime, or non contractual bonus,

(ii)

any payment made in consequence of the undertaking of additional duties attributable, in England, to an order made under section 17 of the 1992 Act, or, in Wales, to any provision made by or under the 1994 Act,

(iii)

any allowance payable to him to cover the cost of providing office accommodation or clerical or other assistance,

(iv)

any travelling or subsistence allowance, or other moneys to be spent, or to cover expenses incurred by him for the purposes of his employment,

(v)

any payment as compensation for loss of holiday entitlement,

(vi)

any payment in lieu of notice terminating his employment,

(vii)

any compensation payable to him under these Regulations;

(b)

for the purposes of paragraph (a) above, fees shall be calculated by dividing by five the total earned during the period of five years ending with the date on which the entitlement to compensation under these Regulations arises or, where the relevant employment (or office held by virtue of that employment) subsists for a shorter period, by dividing the total earned by a factor equal to the length in years and parts of a year of that employment (or office);

“reorganisation date” means—

(a)

in England, the date on which a structural change or a boundary change (or both) takes effect, and

(b)

in Wales, 1st April 1996;

“the 1953 Act” means the Registration Service Act 1953(1);

“the 1992 Act” means the Local Government Act 1992(2);

“the 1994 Act” means the Local Government (Wales) Act 1994(3).

(2) For the purposes of these Regulations, any registration officer shall be deemed to be an officer in employment under a relevant contract with the county council or county borough council(4) which made the scheme under section 14 of the 1953 Act for the district of sub-district in or for which the registration officer holds office and any reference in these Regulations—

(a) to “employment”, “employer” or “employed” shall be construed accordingly; and

(b) to a “contract of employment” or “contract” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.

(1)

1953 c. 37, to which there are amendments not relevant to these Regulations.

(2)

1992 c. 19.

(3)

1994 c. 19.

(4)

by virtue of section 21 of the 1953 Act, as amended by paragraph 12 of Schedule 16 to the 1994 Act, the reference to a non-metropolitan county in section 14 of the 1953 Act includes a reference to a county borough.