PART IIILONG TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS OR PENSION RIGHTS

10.

(1)

Without prejudice to any other requirement in these Regulations, nothing in these Regulations shall entitle a person to an award of long term compensation, unless—

(a)

he is an eligible officer or servant of a company;

(b)

the conditions set out in Regulation 9 are satisfied in relation to him; and

(c)

if the disturbance leading to the claim for such compensation is the termination of his employment as officer or servant of the employing company—

(i)

his said employment has been terminated for some reason other than reaching normal pensionable age, misconduct or incapacity to perform such duties as immediately before the termination he was performing or might reasonably have been required to perform, and

(ii)

he has not been offered by the Agency, by the employing company or by any subsidiary of the Agency comparable employment.

(2)

Long term compensation shall not be payable in respect of the loss or diminution of any increase in emoluments or pension rights, being an increase given in connection with any provision made by the 1949 Act or the Act or in anticipation of the making of any such provision, otherwise than in the ordinary course of business.