My bookmarksSign up free
Local Government (Scotland) Act 1947

Local Government (Scotland) Act 1947 Sch ELEVENTH para 4

Sch ELEVENTH para 4 Assessment of compensation for determination of whole-time office.

(1) The annual sum payable as compensation in respect of the determination of a whole-time office shall not exceed the aggregate of the following sums:— (i) for every year of the officer’s service, one-sixtieth of an amount equal to the annual pecuniary loss which he has sustained by reason of the determination of the office; (ii) in the case of service for twenty years or upwards, a sum equal to ten-sixtieths of the said amount; in the case of service for fifteen years and less than twenty years, a sum equal to seven-sixtieths of the said amount; in the case of service for ten years and less than fifteen years, a sum equal to five-sixtieths of the said amount; in the case of service for five years and less than ten years, a sum equal to three-sixtieths of the said amount; in the case of service for less than five years, a sum equal to one-sixtieth of the said amount; and (iii) in the case of an officer who was appointed as a specially qualified person or who before his appointment had been employed (otherwise than in an office within the meaning of this Schedule) as a depute, assistant or clerk by a permanent officer for the purpose of the discharge of the latter’s official duties, such additional sum, if any, not exceeding ten-sixtieths of the said amount as the local authority, in their discretion and in consideration of his special qualifications or of his previous employment, as the case may be, may think fit to award: Provided that the compensation shall not in any event exceed two-thirds of the said amount. (2) In assessing the amount of any pecuniary loss sustained by an officer by reason of the determination of his office, regard shall be had as respects any emoluments either— (a) to the amount of those emoluments received by him in respect of that office immediately before the material date; or (b) to the average amount of those emoluments received by him in respect of that office during the period of five years next before the material date, or such shorter period as may be reasonable in the circumstances. (3) In assessing the amount of any pecuniary loss sustained by an officer by reason of the determination of his office, regard shall also be had to— (a) any increase of the emoluments enjoyed by the officer at the material date which he has obtained in consequence of the transfer of functions; and (b) the emoluments of any office or other public appointment which he would have obtained on or after that date if he had accepted an offer made to him.

Read this section in the full act →

Read the official text ↗

Contains public sector information licensed under the Open Government Licence v3.0.

What to look at next