The Justices of the Peace Act 1949 (Compensation) Regulations 1965

PART II ENTITLEMENT TO COMPENSATION

Persons to whom the Regulations apply

3.  These Regulations shall apply to any person who—

(a) was, immediately before the material date, either for the whole or for a part only of his time, the holder of the office of justices' clerk or employed in assisting the holder of such an office in the performance of the duties of that office, or

(b) would have been the holder of such an office or so employed at that time but for any national service on which he was then engaged.

Grounds of entitlement to compensation

4.  Subject to the provisions of these Regulations, every person to whom these Regulations apply and who, after the coming into operation of these Regulations, suffers loss of office or loss or diminution of emoluments which is attributable to—

(a) the making of an order under section 18 of the Act (not being an order made in pursuance of paragraph 5 of Schedule 4 to the Administration of Justice Act 1964), or

(b) the grouping of clerkships under a justices' clerk under Part III of the Act, or

(c) the conversion of a part-time justices' clerkship to a whole-time clerkship under the said Part III,.

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 the following provisions of these Regulations.

National service

5.—(1) Where any person to whom these Regulations apply would have been, immediately before the material date, the holder of the office of justices' clerk or employed in assisting the holder of such an office in the performance of the duties of that office but for any national service on which he was then engaged, then if before the expiry of two months after ceasing to be so engaged, or if prevented by sickness or other reasonable cause, as soon as practicable thereafter, he gives notice to the determining authority that he is available for employment, that person 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 any reasonably comparable office (whether in the administration of the same or a different service), of loss of office;

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

(2) The loss of office which is the ground of a claim for compensation under sub-paragraph (a) of the last foregoing paragraph 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 claimant 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 office.