HC Deb 13 August 1919 vol 119 cc1558-60

(1) The following provisions shall apply with respect to officers or servants of any undertaking of which, or of any part, or plant of which possession has been retained or taken under this Act (all of which officers and servants are in this Act hereinafter referred to as "existing officers and servants"):

(iii) Where an existing officer or servant has been transferred either temporarily or permanently to the Minister under this Section then so long as the Minister remains in possession of that undertaking that officer or servant may remain a full member of any pension or superannuation fund established in connection with the undertaking with all the rights to which he would be entitled had he continued in the service of the owners of the undertaking, and any contributions payable under the rules of the pension or superannuation fund or by customary practice by the owners of the undertaking may be paid by the Treasury out of moneys provided by Parliament, and he shall be entitled to receive such reasonable allowances for temporary disturbance as the Minister with the consent of the Treasury may determine (including direct pecuniary loss sustained in consequence of the transfer):

(v) The Minister may direct that the office or situation of any existing officer or servant which he deems unnecessary shall be abolished:

(vii) Every such officer or servant who so relinquishes his office or service as afore-said, and every such officer or servant whose services by or in consequence of any such direction are dispensed with on the ground that his services are not required, or for any reason not being on account of any misconduct or incapacity or whose salary, wages, or remuneration are reduced on the ground that his duties have been diminished by or in. consequence of any such direction, or who otherwise suffers any direct pecuniary loss in consequence of this Act (including any loss of prospective superannuation or other retiring or death allowances, whether obtaining legally or by customary practice), shall be entitled to be paid by the Minister compensation for such pecuniary loss, to be determined by the Treasury, subject to appeal to such standing arbitrator or board of arbitration as aforesaid, in accordance with the provisions contained in Section one hundred and twenty of the Local Government Act, 1888, relating to compensation to existing officers, and those provisions shall apply accordingly as if they were herein re-enacted with the necessary modifications:

Provided that in the case of any officer or servant who was appointed to his office as a specially qualified person at an ago exceeding that at which public service usually begins, or of any officer or servant who suffers any loss of prospective superannuation or other retiring or death allowances as aforesaid, such addition may be made to the amount of compensation authorised under the said provisions as may seem just, having regard to the particular circumstances of such case.

Lords Amendments:

In Sub-section (1, iii), after the word "undertaking" ["possession of that undertaking"], insert the words "or any part or plant thereof."—Agreed to.

At the end of Sub-section (l, v), add the words Provided that the Minister shall not require the abolition of any such office which will, in the opinion of the owners of the undertaking, be essential to them in their conduct of the undertaking at the end of the period of possession. —Agreed to.

Lords Amendment: At end of Subsection (1), add the words Provided further that the expression in Subsection (1) of Section one hundred and twenty of the Local Government Act, 1888,' The Acts and Rules relating to Her Majesty's Civil Service' shall mean the Acts and Rules relating to His Majesty's Civil Service which were in operation at the date of the passing of the Local Government Act, 1888.

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."—[Mr. Shortt.]


This Amendment proposes a charge and is a privilege Amendment. The effect of it is to keep the terms of compensation which are given by the Act of 1888, which are considerably better terms than those given by the rules under that Act. The result would be to impose a charge, and, therefore, this is a privilege Amendment.


I beg to move that this House do waive its privilege, and accept the Clause as amended.

Question put, and agreed to.