The Land Drainage (Compensation) Regulations 1977

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 employment attributable to any instrument which is mentioned in column 1 of Schedule 2, or anything done in pursuance of such an instrument, not later than 10 years after the material date;

(b) he had not at the date of the loss attained normal retiring age;

(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 employment which is the cause of his claim 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 employment 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; and

(f) he has not, subject to paragraphs (2) and (3), after the employer either informed him in writing that his employment was to be terminated or was likely to be terminated or gave him written notice of termination of his employment, been offered in writing—

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

(ii) any employment by a drainage body which is suitable for him at the same place or in the same locality as that where he was employed 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 employment which he has lost, no account shall be taken of the fact that the duties of the employment offered are in relation to a different service from that in connection with which his employment was held or are duties which involve a transfer of his employment 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 would 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.