The Fire Services (Compensation) Regulations 1965

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

12.—(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 employment as a regular fireman which the claimant has lost;

(b) the conditions applicable to the work or employment undertaken by him in place of that employment as a regular fireman;

(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 repayment of aggregate contributions, to which he is entitled under the Firemen's Pension Scheme; and

(e) all the other circumstances of his case:

Provided that no account shall be taken of the fact that a claimant became a regular fireman in the fire brigade 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—

(i) in the case of a person affected by an order under the Act or the Act of 1933, after proceedings had been commenced which led to the order being made;

(ii) in the case of a person affected by an instrument under the Act of 1963, after the making of the instrument;

(iii) in the case of a person affected by the Act of 1963, otherwise than by an instrument made thereunder, after 31st July 1963.

(2) For the purposes of the last foregoing paragraph—

(a) a reference to the conditions applicable to any 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.