The Passenger Transport (Compensation to Officers) Regulations 1970

Conditions for payment of long-term compensation

13.—(1) Without prejudice to any other requirement of these regulations, the conditions for the payment of long-term compensation to any person are that—

(a) he has suffered attributable loss not later than 10 years after the material date;

(b) he has not, save as is provided in regulation 29, at the date of such loss attained normal retiring age;

(c) he has, for a period beginning not less than 8 years immediately before the material date and ending on the date of the occurrence of the attributable loss, been continuously engaged (without a break of more than 12 months at any one time) for the whole or part of his time in relevant employment; and for this purpose the expression “relevant employment” includes any period of national service immediately following such employment;

(d) he has made a claim for such compensation in accordance with the provisions of Part VII of these regulations not later than 2 years after the attributable loss which is the cause of the claim or 2 years after the coming into operation of these regulations, whichever is the later; and

(e) if the cause of the claim for compensation is loss of employment—

(i) the loss has 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

(ii) he has not been offered any reasonably comparable employment under the Crown or in the service of a local authority, a Passenger Transport Authority, an Executive or a subsidiary thereof.

(2) Paragraphs (2) and (3) of regulation 7 (which relate to offers of employment) shall apply for the purposes of this regulation as they apply for the purposes of regulation 7.

(3) Claims for long-term compensation for loss of employment shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these regulations shall apply to all such claims accordingly.