London Passenger Transport Act 1933

FOURTEENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Every person who claims to be entitled to be paid compensation under Part VII of this Act in respect of any direct pecuniary loss shall deliver to the Executive a claim in writing, stating the direct pecuniary loss in respect of which he claims compensation, and setting out particulars as to the emoluments received by him from the Executive or from the authority, company or person by whom he was or is employed in each year during the period of five years immediately preceding the date on which his office or post was abolished or was relinquished by him, or the date on which his direct pecuniary loss commenced. Every such claim shall be accompanied by a statutory declaration that the claim so submitted is, according to the best of his knowledge, information and belief, a true statement. 2 On receipt of any such claim the Executive shall forthwith take it into consideration and determine whether any and, if so, what compensation ought, in their opinion, to be granted to the claimant and shall inform him of their decision; and, if they fail to inform him of their decision within six months after his claim has been so delivered to them, the Minister may, on application made to him in that behalf by the claimant, direct them to do so within such time, not being less than one month, as may be specified in the direction. 3 If the claimant is aggrieved by the failure of the Executive to inform him of their decision upon his claim within the time specified in any direction of the Minister, or by their refusal to grant compensation, or by the amount of the compensation granted, he may require the matter to be referred forthwith to the standing arbitrator, and the arbitrator shall consider the case and determine whether any, and if so what, compensation ought to be granted to the claimant. 4 For the purpose of determining whether compensation should be granted to any person under the provisions of this Schedule, and if so, the amount of that compensation, regard shall be had to— (a) the nature of his office or employment; (b) the conditions upon which his appointment was made; (c) the duration of his service; (d) any additional emoluments which he acquires by virtue of this Act, or of anything done in pursuance or in consequence of this Act; (e) the emoluments which he has, or might have, acquired by accepting other employment offered him by the Executive, or by the authority, company or person from whose service he was transferred to the Executive; and (f) all the other circumstances of his case: Provided that in no case shall the compensation payable exceed the amount which under the Acts and Rules relating to Her Majesty’s Civil Service and in force on the thirteenth day of August, eighteen hundred and eighty-eight, would have been payable to a person on abolition of office. 5 In the case of an officer or servant of a local authority, the Executive or the arbitrator in computing the length of his service for the purposes of the award of compensation shall take into account all his service after he attained the age of eighteen years, whether under any local authority as defined in section three of the Local Government and other Officers’ Superannuation Act 1922 or under any tramway company whose undertaking has, as a whole or in part, been acquired by a local authority by whom he has been or is employed. 6 In the case of an officer or servant of an Underground undertaking, the Executive or the arbitrator in computing the length of his service for the purpose of the award of compensation, shall take into account all his service after he attained the age of eighteen years which would, in accordance with the customary practice of the undertaking, be reckoned as service with that undertaking. 7 In the case of an officer or servant of any other undertaking transferred in whole or in part to the Executive by this Act (other than the Metropolitan undertaking) and in the case of any person who is deemed to be an existing officer or servant by virtue of section seventy-four of this Act, the Executive or the arbitrator in computing the length of his service for the purposes of the award of compensation shall take into account all his service after the age of eighteen years, being continuous service whether with the undertaking or part of the undertaking, as the case may be, in whose service he was immediately before the appointed day or with any other passenger transport undertaking which has been acquired by, or absorbed in, that undertaking. 8 If the appointment of an officer or servant is determined by his employer otherwise than at the expiration of a complete year of his service, the portion then expired of the current year of his service shall, if it exceeds six months, be treated as a complete year, and shall, if it does not exceed six months, be ignored. 9 The compensation payable to— (a) an officer or servant of a local authority who immediately before the appointed day held two or more posts under that authority and who devoted the whole of his time to the duties of those posts; or (b) an officer or servant of an Underground undertaking who immediately before the appointed day held two or more posts under any one or more of the Underground undertakings and who devoted the whole of his time to the duties of those posts, shall not be reduced by reason of the fact that he has devoted only part of his time to each of those posts. 10 If any officer or servant was temporarily absent from his employment under any authority, company or person during the late war whilst serving in His Majesty’s forces, or the forces of the allied or associated powers, either compulsorily or with the sanction of his employers, such period of temporary absence shall be reckoned as service under that authority, company or person: Provided that if, after the armistice, he voluntarily extended his term of service in the forces, no period of service during that extension shall be reckoned. 11 The Executive or the arbitrator may in their discretion and in consideration of the fact that any officer or servant was appointed to his office or post as a specially qualified person add any number of years, not, however, exceeding ten, to the number of years which the claimant would otherwise be entitled to reckon for the purpose of computing the compensation to which he would be entitled under the Acts and Rules referred to in paragraph 4 of this Schedule. 12 Any compensation granted, whether by the Executive or by the arbitrator, shall be a specialty debt due to the claimant from the Executive, and may be enforced accordingly in like manner as if the Executive had entered into a bond to pay it.