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

Conditions for payment of resettlement compensation

7.—(1) Without prejudice to any other requirement of these regulations, the conditions for the payment of resettlement compensation to any person are that—

(a) he has, not later than ten years after the material date, suffered loss of employment attributable to section 1 of the Vehicle and Driving Licences Act 1969;

(b) he shall not, at the date of the loss, have attained normal retiring age;

(c) he shall have been for a period beginning 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;

(d) he shall have 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 employment 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 Secretary of State allows in any particular case where he is satisfied that the delay in making the claim was due to ill health or other circumstances beyond the claimant's control;

(e) the loss of employment which is the cause of his claim shall have 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

(f) he shall not, subject to paragraphs (2) and (3) after his employer either informed him in writing that his employment was to be terminated or was likely to be terminated or gave him written notice of termination of his employment, have been offered in writing

(i) any relevant employment which is reasonably comparable with the employment which he has lost, or

(ii) any employment suitable for him under the Crown or by a local authority in the same locality as that in which he had been employed immediately before he suffered the loss.

(2) In ascertaining for the purposes of this regulation whether a person has been offered employment which is reasonably comparable with the employment which he has lost, no account shall be taken of the fact that the duties of the employment offered are in relation to a different service from that in connection with which his employment was held or are duties which involve a transfer of his employment from one place to another within Great Britain.

(3) For the purposes of this regulation, where the Secretary of State is satisfied—

(a) that acceptance of an offer would have involved undue hardship to the person,

(b) that he was prevented from accepting an offer by reason of ill-health or other circumstances beyond his control, or

(c) that, before the commencement of these regulations, an offer—

(i) has not been accepted by him, and

(ii) has lapsed or otherwise terminated,

no account shall be taken of that offer.