PART IVLONG-TERM COMPENSATION FOR LOSS OF EMPLOYMENT OR LOSS OR DIMINUTION OF EMOLUMENTS

Conditions for payment of long-term compensation13

1

Without prejudice to any other requirement of these regulations, nothing in these regulations shall entitle a person to long-term compensation unless—

a

he has suffered loss of employment or loss or diminution of emoluments in consequence of any of the provisions of a harbour reorganisation scheme not later than 10 years after the material date;

b

he has made his claim for compensation in accordance with the provisions for making claims set out in Part VII of these regulations not later than 2 years after the loss or diminution which is the cause of the claim; and

c

if the cause of the claim for compensation is loss of employment—

i

his employment was terminated 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 any local authority, harbour authority, local lighthouse authority or of any person carrying out harbour operations, or under an officer in any such service, being employment for the purposes of the functions of the authority or person employing that officer.

2

Regulation 7(2) and (3) of these regulations as to offers of employment shall apply for the purposes of this regulation.

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.