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Commonwealth Telegraphs Act 1949

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This is the original version (as it was originally enacted).

7Compensation to employees of the operating company.

(1)The Postmaster General shall have power, exercisable by statutory instrument, to make, with the consent of the Treasury, regulations providing for the payment by him out of moneys provided by Parliament, in such cases and to such extent as may be specified in the regulations, of compensation to persons who, on such date before the passing of this Act as may be specified in the regulations, were employed whole-time as officers or servants of the operating company, being—

(a)persons who suffer loss of employment in consequence of the giving of effect to clause 5 of the Commonwealth telegraphs agreement by His Majesty's Government in the United Kingdom; or

(b)persons who suffer diminution of emoluments or pension rights in consequence of their entering the Civil Service of the State as a result of effect's being given as aforesaid to that clause;

and any such regulations may make different provision (including the specification of a different date) in relation to different classes of persons.

(2)Regulations made under this section—

(a)shall prescribe the procedure to be followed in making claims for compensation and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and

(b)shall in particular contain provisions enabling appeals from determinations of any such questions as aforesaid to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before a referee or board of referees appointed by the Minister of Labour and National Service after consultation—

(i)where the proceedings are to be held in England, with the Lord Chancellor;

(ii)where the proceedings are to be held in Scotland, with the Lord President of the Court of Session; and

(iii)where the proceedings are to be held in Northern Ireland, with the Secretary of State;

and, upon a reference under a provision of regulations having effect by virtue of paragraph (b) of this subsection, the decision of the referee or board of referees shall be final.

(3)No regulations shall be made under this section unless a draft thereof has been laid before Parliament and has been approved by resolution of each House of Parliament.

(4)In this section,—

(a)the expression " emoluments " includes any allowances, privileges or benefits, whether obtaining legally or by customary practice;

(b)the expression " officers or servants" does not include directors; and

(c)the expression " pension rights " has the same meaning as in the last foregoing section.

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