Regulation 12 Factors to be considered in determining payment of long-term and retirement compensation

(1)

For the purpose of determining whether long-term or retirement compensation for loss or diminution of emoluments should be paid to a claimant, and if so the amount of the compensation (subject to the limits set out in these Regulations) regard shall be had to such of the following factors as may be relevant, that is to say:—

(a)

the conditions applicable to the claimant's former service as a member of a police force;

(b)

the conditions applicable to the work or employment undertaken by him in place of that service;

(c)

the extent to which he has sought suitable employment and the emoluments which he might have acquired by accepting other suitable employment offered to him;

(d)

the amount of any award, otherwise than by way of return of pension contributions, to which he is entitled under the Police Pensions Regulations; and

(e)

all the other circumstances of his case:

Provided that if at the time when the claimant became a member of the police force in which he was serving immediately before the material date, or would have been so serving but for any national service on which he was then engaged, proceedings had been commenced under the Local Government Act 1933, the Local Government Act 1958 or the Police Act 1964 which led to the order or scheme being made or approved, to which his loss of employment or loss or diminution of emoluments is attributable, no account shall be taken of that fact.

(2)

For the purposes of the last foregoing paragraph—

(a)

a reference to the conditions applicable to any service, work or employment shall be construed as a reference to all the conditions of service applicable thereto, by law or practice, including, in particular, those relating to emoluments and security of tenure; and

(b)

paragraph (3) of Regulation 5 of these Regulations shall apply as it applies for the purposes of that Regulation.