as though it were whole -time employment for a proportionately reduced period.
40. For the purpose of making any calculation under these regulations in respect of the reckonable service of an officer, all periods of such service shall be aggregated, and if the aggregated service includes a fraction of a year, that fraction shall, if it equals or exceeds six months, be treated as a year, and in any other case be disregarded.
41. In calculating for the purposes of these regulations the amount of any emoluments lost, or the amount by which any emoluments have been diminished, on or after 1st April 1965, and in determining the net emoluments, the accrued pension or the accrued retiring allowance of any officer who has suffered such a loss or diminution, no account shall be taken of any increase or decrease in the amount of the officer's emoluments which is attributable to any sum paid or reduction made under Article 4 of the London Authorities (Interim Action) Order 1964[1], or of any increase in such amount which is attributable to any temporary allowance granted in consequence of the Act and otherwise than in the ordinary course of his employment.
42. In ascertaining for the purposes of these regulations whether, and how far, the remuneration of alternative employment falls short of emoluments which have been lost where those emoluments were payable in respect of two or more part-time employments, the remuneration of the alternative employment or of the aggregate of two or more such employments shall be apportioned in the proportion which the emoluments of the part-time employments bore to each other.
43.—(1) Subject to any statutory provision in that behalf, any compensation to which an officer becomes entitled under these regulations shall be paid by the compensating authority and shall be payable to, or in trust for, the person who is entitled to receive it, and shall not be assignable.
(2) Any sum payable as compensation to a person by a compensating authority shall be recoverable as a debt due from the authority.
44.—(1) Every claimant who is aggrieved by any decision of the compensating authority with respect to compensation under these regulations or by any failure on the part of the compensating authority to notify him of any such decision within the appropriate time prescribed by these regulations may within three months of the notification to him of the decision or the expiry of the prescribed time, as the case may be, refer the matter to the tribunal.
(2) Reference of a matter to the tribunal as aforesaid by a claimant shall be made in writing.
(3) On receipt of such a reference , the tribunal shall consider and determine the matter in accordance with the provisions of these regulations and the compensating authority shall give effect to the decision of the tribunal with any modifications that may be required in consequence of any appeal from the decision on a point of law.
(4) On any such reference the tribunal may if it thinks fit, appoint a person having special knowledge or experience in relation to the subject matter of the reference to sit with the tribunal as an assessor.
- ↑ S.I. 1964/679 (1964 II, p. 1281).
