LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972

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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 137

1965 c.19

137.(1) The Ministry shall by regulations made with the approval of
the Ministry of Finance make provision for the payment, on such terms and
subject to such conditions as may be specified in the regulations, of
compensation to or in respect of a person employed by an
existing local authority who is transferred under section 135(1), (2) or (9)
and who subsequent to his transfer, suffers loss of employment or loss or
diminution of emoluments (including superannuation rights) which is
attributable to this Act or any other transferred provision such as is
mentioned in section 134(1) and for whose compensation no provision is made by
any other statutory provision.

(2) Regulations under this section may

(a)include provision as to the funds out of which and the authority or
authorities by whom compensation is to be defrayed;

(b)include provision as to the manner in which and the time within which and
the person to whom any claim for compensation is to be made;

(c)be framed so as to have effect from a date earlier than the making of the
regulations but not so as to place any individual in a worse position than he
would have been in if the regulations had been so framed as to have effect
only from the date of their making;

(d)apply for the purposes of this section any transferred provision relating
to the payment of compensation, subject to the modifications (if any)
specified in the regulations;

(e)make provision for the determination of questions arising under the
regulations.

(3) Regulations under this section may also make provision in relation to
persons who are employees of any such association of existing local
authorities as may be prescribed and who suffer loss of employment or loss or
diminution of emoluments (including superannuation rights) which is
attributable to the reorganisation of local government effected by this Act;
and, without prejudice to subsection (2), regulations making any such
provision may provide that any compensation paid under the regulations by a
government department shall be recoverable by that department in accordance
with the regulations from such association or from such councils as may be
prescribed by or determined under the regulations.

S.138 spent. S.139 rep. by SLR 1980

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Northern Irish Legislation

LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 137