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The Police (Compensation) Regulations 1974

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Conditions for payment of resettlement compensation

7.—(1) Without prejudice to any other requirement of these Regulations the conditions for the payment of resettlement compensation to any person are that—

(a)he has suffered loss of office attributable to any provision of the Act or of any instrument made under the Act not later than 10 years after the material date;

(b)he had not at the date of the loss attained the age of compulsory retirement;

(c)he had been for a period of 2 years immediately before the material date continuously engaged (disregarding breaks not exceeding in the aggregate 6 months) for the whole or part of his time in relevant employment;

(d)he has made a claim for such compensation in accordance with the provisions of Part VII of these Regulations not later than 13 weeks after the loss of office which is the cause of his claim, or 13 weeks after the coming into operation of these Regulations, whichever is the later, or within any longer period which the compensating authority allow in any particular case where they are satisfied that the delay in making the claim was due to ill health or other circumstances beyond the claimant's control;

(e)the loss of office which is the cause of his claim has occurred for some reason other than misconduct or incapacity to perform the duties that, immediately before the loss, he was performing or might reasonably have been required to perform;

(f)he has not, subject to paragraph (2) and (3), on or after the police authority either informs him in writing that his services are to be terminated or are likely to be terminated or gives him written notice of termination of his services, been offered in writing:—

(i)any relevant employment which is reasonably comparable with the office which he has lost, or

(ii)any employment by a police authority which is suitable for him and is at the same place or in the same locality as that where he held office immediately before the loss.

(2) In ascertaining for the purposes of this Regulation whether a person has been offered employment which is reasonably comparable with the office which he has lost, no account shall be taken of the fact that the duties of the employment offered are not employment for police purposes or are duties which involve a transfer from one place to another within England and Wales.

(3) For the purposes of this Regulation, where the compensating authority are satisfied—

(a)that acceptance of an offer could have involved undue hardship to the person,

(b)that he was prevented from accepting an offer by reason of ill-health or other circumstances beyond his control, or

(c)that, before the commencement of these Regulations, an offer—

(i)has not been accepted by him, and

(ii)has lapsed or otherwise terminated,

no account shall be taken of that offer.

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