The Vehicle and Driving Licences (Compensation to Officers) Regulations 1977

PART II ENTITLEMENT TO COMPENSATION

Persons to whom the regulations apply

3.—(1) These Regulations shall apply to any person who—

(a) was employed immediately before the 25th June 1969 for the whole or for part only of his time—

(i) as an officer of a county council or under such an officer for the purposes of the functions conferred on county councils by the Vehicles (Excise) Act 1962 or Part II of the Road Traffic Act 1960 (which provide for the levying of excise duty on vehicles, the licensing and registration of vehicles and the licensing of drivers); or

(ii) as an officer of the Council of the Isles of Scilly or under such an officer for the purposes of the functions relating to the licensing of drivers which are conferred on that council by virtue of the Isles of Scilly Order 1937(1), or

(b) would have been so employed at that time but for any national service on which he was then engaged.

(2) In this Regulation “county council” means the council of a county, the Greater London Council, the council of a country borough and the council of a burgh within the meaning of the Local Government Scotland Act 1947 containing a population, according to the census for the time being last taken, of or exceeding fifty thousand.

Grounds of entitlement to compensation

4.  Subject to the provisions of these regulations, any person to whom these regulations apply and who suffers loss of employment or loss or diminution of emoluments which is attributable to section 1 of the Vehicle and Driving Licences Act 1969 shall be entitled to have his case considered for the payment of compensation under these regulations, and such compensation shall be determined in accordance with these regulations.

National service

5.—(1) Any person to whom these regulations apply because he satisfies the provisions of regulation 3(1)(b) and who before the expiry of two months after ceasing to be engaged on his national service, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, gives notice to the Secretary of State that he is available for employment, shall be entitled to have his case considered for the payment of compensation on the ground—

(a) if he is not given or offered re-employment in his former office or in any reasonably comparable office (whether in the same or in a different service), of loss of employment; or

(b) if he is so re-employed with diminished emoluments as compared with the emoluments which he would have enjoyed had he continued in his former employment, of diminution of emoluments.

(2) The loss of employment which is the cause of a claim for compensation under paragraph (1)(a) shall be treated as having occurred on the earlier of the two following dates, that is to say, the date of the refusal of re-employment or a date one month after the date on which the person gave notice that he was available for employment; and the person shall be deemed to have been entitled to the emoluments which he would have enjoyed at such earlier date had he continued in his former employment.

(1)

(Rev. XII, p. 554: 1937 p. 1550).