Atomic Weapons Establishment Act 1991
| Jurisdiction | UK Non-devolved |
(1) This Act applies in relation to such activities, carried on at such premises, as may be designated by the Secretary of State by order; and in this Act, in relation to any designated premises—The Transfer of Undertakings (Protection of Employment) Regulations 2006 shall apply to the transfer of the undertaking or any part of it whether or not, apart from this provision, the undertaking would be treated as F8an undertaking to whose transfer those Regulations apply .(2) For the purposes of those Regulations, the services of the qualified employees together with the rights in or over the premises and property used for the purposes of the undertaking shall be treated as F9a part of that undertaking to whose transfer those Regulations apply whether or not the company which is to become their employer also carries on designated activities.(3) Where in pursuance of the arrangements referred to in section 1(3) above a company is to become the employer of any person, none of the agreed redundancy procedures applicable to persons employed in the civil service of the Crown shall apply to him.a person ceases to be employed in the civil service of the Crown on becoming employed by a company; andhe would not have so ceased if it were not for those arrangements,(1) The Schedule to this Act (which, for the purpose of conferring privileges and immunities, makes provision as to the application of certain enactments) shall have effect.(2) The Secretary of State may by order repeal or amend any provision of the Schedule to this Act; but this power shall not be exercised so as to extend the application of any privilege or immunity which is for the time being provided for by that Schedule.(3) The power to make an order under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.in the possession, under the control or used for the purposes of a contractor; andused for the purposes of, or for purposes which include, carrying on designated activities.belongs to a contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; andis (or was immediately before its removal) used to any extent for the purpose of carrying on designated activities.(a) in connection with the formation of any company formed with a view to, or for any purpose of, the carrying on of designated activities or with the operation of any such company wholly owned by the Secretary of State; or(b) in assuming responsibility for any liabilities (whether of such a company or any other company which is or has been a contractor) which are liabilities arising out of the carrying on of designated activities or liabilities to or in respect of persons employed or formerly employed in or in connection with the carrying on of such activities.(1) This Act may be cited as the Atomic Weapons Establishment Act 1991.(2) This Act shall come into force at the end of the period of two months
- “the qualified employees” means the persons who are employed in the civil service of the Crown in or in connection with the undertaking on such day as the Secretary of State appoints by order;
- “the undertaking” means the carrying on by the Secretary of State of designated activities at those premises.
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“company” means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company, includes the alteration of the company’s articles so as to add, remove or alter a statement of the company’s objects; - “contractor” means a company which carries on designated activities at designated premises under contract with the Secretary of State or, by making the services of employees or property available, enables such activities to be carried on at such premises, whether by a company or by the Secretary of State;
- “designated”, with reference to any activities or premises, means designated by an order under subsection (1) above.
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