The Water Officers (Compensation) Regulations 1964

PART II ENTITLEMENT TO COMPENSATION

Persons to whom the regulations apply

3.  These regulations shall apply to any person who—

(a) was employed immediately before the material date, either for the whole or for a part only of his time, as an officer of any statutory water undertakers, other than an auditor of a statutory water company, or under such an officer for the purposes of the functions of such undertakers, or

(b) would have been 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 suffers loss of employment or loss or diminution of emoluments which is attributable to the provisions of any order made under the Act of 1945 after the commencement of the Water Officers Compensation Act 1960 or to anything done in pursuance of any such order 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 employed immediately before the material date as an officer of any statutory water undertakers or under such an officer for the purposes of the functions of such undertakers 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 compensating 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 in any reasonably comparable office (whether in the administration of the same or a different service), of loss of employment;

(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 employment, of diminution of emoluments.

(2) The loss of employment 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 employment.