The Harbour Reorganisation (Compensation to Employees) Regulations 1967

EXPLANATORY NOTE

1.  These regulations, made under section 19 of the Harbours Act 1964 read together with section 43(2) of the Docks and Harbours Act 1966, provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of a harbour reorganisation scheme under section 18 of the Harbours Act 1964.

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. The regulations apply to persons employed whole-time or part-time by or for the purposes of a harbour authority, a local lighthouse authority or a person carrying out harbour operations.

3.  The compensation payable is:—

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

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

(c) retirement compensation for loss or diminution of pension rights (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 3 years' service with harbour authorities and in other relevant employments. The qualifying conditions and factors to be considered are set out in regulations 7, 9, 10 and 11. The method of calculating the amount of compensation is contained in regulation 8.

5.  Long-term compensation is payable to officers with at least 8 years' service with harbour authorities and in other relevant employments. The qualifying and other conditions are set out in regulations 12 to 14.

6.  The method of calculating the maximum amount of long-term compensation is laid down in regulation 15 (loss of employment) 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 18).

7.  Retirement compensation is payable to a pensionable officer with at least 8 years service with harbour authorities and in other relevant employments. The qualifying and other conditions are set out in regulations 19 to 21.

8.  Retirement compensation payable to an officer who has lost his employment is based upon his accrued pension rights (regulation 24) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (regulation 27). Retirement compensation for an officer who has suffered diminution or emoluments is an appropriate proportion of that which would have been payable if he had lost his employment (regulation 25). Special provision is made for any persons whose pension arrangements are by way of policies of insurance (regulation 33). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances may be put into payment earlier ( regulations 22 and 23).

9.  Compensation is payable to the widow, child or other dependent or to the personal representatives of a claimant who dies where such persons would have benefited under the relevant pension scheme (regulations 28 to 30).

10.  Part VI of the regulations provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changes in circumstances (regulation 38). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

11.  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 a compensating authority to notify their decision a right to refer the question for determination by a tribunal established under section 12 of the Industrial Training Act 1964.