Regulation 12 Conditions for payment of long-term compensation

(1)

Without prejudice to any other requirement of these Regulations, the conditions for the payment of long-term compensation to any person are that—

(a)

he has, not later than ten years after the material date, suffered loss of employment or loss or diminution of emoluments attributable to the operation of section 1 of the Justices of the Peace Act 1968 in any of the circumstances mentioned in Regulation 4;

(b)

he had not, save as is provided in Regulation 28, at the date of the loss or diminution attained normal retiring age;

(c)

he had been, for a period of not less than eight years immediately before the material date, continuously engaged (without a break of more than twelve months at any one time) for the whole or part of his time in relevant employment; and for this purpose the expression “relevant employment” includes any period of national service immediately following such employment;

(d)

he has made a claim for such compensation in accordance with the provisions of Part VII of these Regulations not later than two years after the loss or diminution which is the cause of the claim; and

(e)

if the cause of the claim for compensation is loss of employment—

(i)

the loss 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

(ii)

he has not been offered, in the case of a person holding the office of stipendiary magistrate or justices' clerk, any reasonably comparable employment under the Crown or in the service of a local authority or in the office of justices' clerk, clerk of the peace or deputy clerk of the peace or, in any other case, any reasonably comparable employment as aforesaid or in assisting a holder of the office of justices' clerk, clerk of the peace or deputy clerk of the peace.

(2)

Regulation 6(2) and (3) (which relate to offers of employment) shall apply for the purposes of this Regulation in ascertaining whether a person has been offered reasonably comparable employment.

(3)

Claims for long-term compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these Regulations shall apply to all such claims accordingly.