{
  "url": "https://openlegislation.uk/justices-of-the-peace-act-1949-compensation-regulations-1978/regulation-7",
  "json_url": "https://openlegislation.uk/justices-of-the-peace-act-1949-compensation-regulations-1978/regulation-7.json",
  "legislation": "uksi/1978/1682",
  "legislation_title": "The Justices of the Peace Act 1949 (Compensation) Regulations 1978",
  "legislation_url": "https://openlegislation.uk/justices-of-the-peace-act-1949-compensation-regulations-1978",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "Conditions for payment of resettlement compensation",
  "text": "(1) Without prejudice to any other requirement of these Regulations, the conditions for the payment of resettlement compensation to any person are that—\n(a) he has suffered loss of office attributable to one of the events specified in Regulation 4 on, or not later than 10 years after, the material date,\n(b) he had not at the date of the loss attained normal retiring age;\n(c) he had been for a period of 2 years immediately before the material date continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) for the whole or part of his time in relevant employment;\n(d) he has made a claim for such compensation in accordance with the provisions of Part VII of these Regulations not later than 13 weeks after the loss of office which is the cause of his claim, or 13 weeks after the coming into operation of these Regulations, whichever is the later, or within any longer period which the determining authority allow in any particular case where they are satisfied that the delay in making the claim was due to ill health or other circumstances beyond the claimant's control;\n(e) the loss of office which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform the duties that, immediately before the loss, he was performing or might reasonably have been required to perform; and\n(f) he has not, subject to paragraphs (3) and (4), after he has received from the magistrates' courts committee either written notice that his office was to be terminated or written notice of termination of his office, been offered in writing—\n(i) any relevant employment which is reasonably comparable with the office he has lost, or\n(ii) any employment specified in paragraph (2) which is suitable for him.\n(2) For the purposes of paragraph (1)(f)(ii), the following employment shall be deemed to be suitable—\n(a) in the case of a person holding the office of justices' clerk, the holding of another such office; and\n(b) in the case of a person assisting the holder of the office of justices' clerk, the holding of the office of justices' clerk, or employment assisting the holder of such an office:\nProvided that the said employment shall be at the same place or in the same locality as that where the person who has lost office was employed immediately before his loss.\n(3) In ascertaining for the purposes of this Regulation whether a person 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 and Wales.\n(4) For the purposes of this Regulation, where the determining authority are satisfied—\n(a) that acceptance of an offer would have involved undue hardship to the person;\n(b) that he was prevented from accepting an offer by reason of ill-health or other circumstances beyond his control; or\n(c) that, either before the coming into operation of these Regulations or before the employer gave him written notice that his employment was, or was to be, terminated, an offer—\n(i) has not been accepted by him, and\n(ii) has lapsed or otherwise terminated,\nno account shall be taken of that offer.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1978/1682/regulation/7",
    "retrieved_at": "2026-10-29T19:26:25.490229+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}