# The Justices of the Peace Act 1949 (Compensation) Regulations 1965, Regulation 7: Conditions for payment of resettlement compensation


(1) Without prejudice to any other requirement of these Regulations, nothing in these Regulations shall entitle a person to resettlement compensation unless—
(a) he has suffered loss of office attributable to one of the events specified in Regulation 4 of these Regulations not later than ten years after the material date;
(b) he has made his claim for resettlement compensation in accordance with the provisions for making claims set out in Part VII of these Regulations not later than thirteen weeks after the loss of office which is the cause of his claim;
(c) the loss of office which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform such duties as immediately before the loss he was performing or might reasonably have been required to perform; and
(d) he has not, subject to paragraph (3) of this Regulation, been offered, in the case of a person holding the office of justices' clerk, any reasonably comparable employment in the office of justices' clerk, clerk of the peace or deputy clerk of the peace or under the Crown or in the service of a local authority or, in the case of a person employed in assisting the holder of the office of justices' clerk, any reasonably comparable employment as aforesaid or in assisting the holder of the offices of justices' clerk, clerk of the peace or deputy clerk of the peace.
(2) In ascertaining for the purposes of this Regulation whether a claimant has been offered employment which is reasonably comparable with that which he has lost no account shall be taken of the fact that the duties of the employment offered are in relation to the administration of a different service from that in connection with which his office was held or are duties which involve a transfer of his employment from one place to another within England or Wales.
(3) No account shall be taken for the purposes of this Regulation of an offer of employment where the determining authority are satisfied—
(a) that acceptance would have involved undue hardship to the claimant, or
(b) that the claimant was prevented from accepting the offer by reason of ill-health or other circumstances beyond his control.

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Source: https://www.legislation.gov.uk/uksi/1965/283/regulation/7 (the official version)
Page: https://openlegislation.uk/justices-of-the-peace-act-1949-compensation-regulations-1965/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

