UNITED KINGDOM STATUTORY INSTRUMENT
1999 No. 2277
TERMS AND CONDITIONS OF EMPLOYMENT
The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999
Made 11th August 1999
Laid before Parliament 11th August 1999
Coming into force 1st September 1999
The Secretary of State, in exercise of the powers conferred on him by sections 209(1)(b) and 236 of the Employment Rights Act 1996, hereby makes the following Order:
S-1
Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 and shall come into force on 1st September 1999.
(2) In this Order—
(a)
(a) “the 1983 Order” means the Redundancy Payments (Local Government) (Modification) Order 1983;
(b)
(b) “the 1972 Act” means the Local Government Act 1972;
(c)
(c) “the 1978 Act” means the Employment Protection (Consolidation) Act 1978;
(d)
(d) “the 1980 Act” means the Education (Scotland) Act 1980;
(e)
(e) “the 1985 Act” means the Local Government Act 1985;
(f)
(f) “the 1988 Act” means the Education Reform Act 1988;
(g)
(g) “the 1992 Act” means the Further and Higher Education Act 1992;
(h)
(h) “the 1994 Act” means the Local Government etc. (Scotland) Act 1994;
(i)
(i) “the 1996 Act” means the Employment Rights Act 1996;
(j)
(j) “the 1998 Act” means the School Standards and Framework Act 1998;
(k)
(k) “the Education Act” means the Education Act 1996.
(3) Subject to paragraph (4) below, in this Order “relevant event” in relation to a person means any event occurring on or after the day on which this Order comes into force on the happening of which that person may become entitled to a redundancy payment in accordance with the 1996 Act.
(4) Where an event has occurred on or after 21st June 1998 but before the day on which this Order comes into force, on the happening of which a person employed immediately before that event by the English Sports Council may have become entitled to a redundancy payment in accordance with the 1996 Act, “relevant event” in this Order includes that event in relation to that person.
S-2
Application of this OrderApplication of this Order
2.—(1) This Order applies to any person who immediately before the occurrence of a relevant event is employed by an employer specified in Schedule 1 to this Order.
(2) Where a person commenced employment with a Further Education Funding Council established by section 1 of the 1992 Act before 1st April 1996 and left that employment either—
(a)
(a) before that date, or
(b)
(b) by reason of a relevant event after the date on which this Order comes into force,
this Order applies to that person as if that Council were specified in Schedule 1 to this Order.
S-3
Modification of certain redundancy payments provisionsModification of certain redundancy payments provisions
3. In relation to any person to whom this Order applies, the provisions of the 1996 Act mentioned in Part I of Schedule 2 to this Order shall, for the purposes of determining that person’s entitlement to a redundancy payment under the 1996 Act and the amount of such payment, have effect subject to the modifications specified in that Part.
Revocation
4. The Orders specified in Schedule 3 to this Order are revoked.
S-5
Transitional, supplementary and incidental provisionsTransitional, supplementary and incidental provisions
5.—(1) In relation to a person to whom this Order applies—
(a)
(a) any reference to the 1996 Act in any enactment shall have effect as a reference to that Act as modified by this Order; and
(b)
(b) any document which refers, whether specifically or by means of a general description, to the 1996 Act shall, except so far as the context otherwise requires, be construed as referring to that Act as modified by this Order.
(2) Where a period of employment of a person to whom this Order applies falls to be calculated in accordance with the provisions of the 1996 Act as modified by this Order, the provisions of this Order shall have effect in relation to that calculation whether the period in question falls wholly or partly before or wholly after this Order comes into force.
(3) Notwithstanding the revocation by article 4 above of the Orders specified in Schedule 3 to this Order, in relation to determining any person’s entitlement to a redundancy payment following an event which occurred before the date on which this Order comes into force (or, in the case of a person such as is referred to in paragraph (4) of article 1, before the date referred to in that paragraph), and which would have been a relevant event if it had occurred on or after that date, the 1983 Order shall continue to have effect as it had effect on the date of that event.
Alan Johnson
Minister for Competitiveness,
Department of Trade and Industry
11th August 1999
SCHEDULE 1
Article 2
EMPLOYMENT TO WHICH THIS ORDER APPLIES: EMPLOYERS IMMEDIATELY BEFORE THE RELEVANT EVENT
Section 1—Local governmentSection 1—Local government
1. In relation to England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council, established under section 20 of the 1972 Act.
2. A council constituted under section 2 of the 1994 Act.
3. In relation to England, a parish council, a common parish council, a parish meeting; in relation to Wales, a community council, a common community council.
4. Any authority established by an order under section 10 of the 1985 Act.
5. A joint board or joint body constituted by or under any enactment for the purposes of exercising the functions of two or more bodies described in any of paragraphs 1 to 4 above.
6. Any other authority or body, not specified in any of paragraphs 1 to 4 above, established by or under any enactment for the purpose of exercising the functions of, or advising, one or more of the bodies specified in paragraphs 1 to 4 above.
7. Any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of, or advising, one or more of the bodies specified in any of paragraphs 1 to 6 above.
8. Any two or more bodies described in any of paragraphs 1 to 7 above acting jointly or as a combined authority.
9. Any association which is representative of any two or more authorities described in any of paragraphs 1 to 4 above.
10. Any committee established by one or more of the associations described in paragraph 9 above for the purpose of exercising the functions of, or advising, one or more of such associations.
11. An association which is representative of one or more of the associations described in paragraph 9 above and of another body or other bodies, and included in whose objects is the assembling and dissemination of information and advising with regard to conditions of service in local government service and generally.
12. An organisation which is representative of an association or associations described in paragraph 9 above and employees' organisations and among whose objects is the negotiation of pay and conditions of service in local government service.
13. A National Park authority established under section 63 of the Environment Act 1995.
14. A residuary body established by section 57(1)(b) of the 1985 Act.
15. The Residuary Body for Wales (Corff Gweddilliol Cymru).
16. The Accounts Commission for Scotland.
17. The Commission for Local Administration in England.
18. The Commission for Local Administration in Wales.
19. The Commission for Local Administration in Scotland.
20. The Local Government Management Board.
21. Employers Organisation for Local Government.
22. Improvement and Development Agency for Local Government.
Section 2—Planning and developmentSection 2—Planning and development
3. North West Development Agency (NWDA).
4. Advantage West Midlands.
5. East Midlands Development Agency (EMDA).
6. East of England Development Agency (EEDA).
7. South East of England Development Agency (SEEDA).
8. South West of England Development Agency (SWERDA).
9. A development corporation within the meaning of the New Towns Act 1981.
10. An Urban Development Corporation established under section 135 of the Local Government Planning and Land Act 1980.
11. A housing action trust established under Part III of the Housing Act 1988.
12. The Broads Authority, established under the Norfolk and Suffolk Broads Act 1988.
13. The Commission for the New Towns.
14. The Countryside Commission for Scotland.
15. The Development Board for Rural Wales.
16. The Edinburgh New Town Conservation Committee.
17. The Housing Corporation.
18. Huddersfield Pride Limited.
19. Scottish Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.
20. Scottish Homes, established under the Housing (Scotland) Act 1988.
21. Springfield Horseshoe Housing Management Co-operative Limited.
22. Housing for Wales (Tai Cymru).
23. The Welsh Development Agency.
24. Batley Action Limited.
25. Bethnal Green City Challenge Company Limited.
26. The Blackburn City Challenge Partnership Board.
27. Bolton City Challenge Partnership Limited.
28. Bradford City Challenge Limited.
29. Brixton Challenge Company Limited.
30. Community North (Sunderland) Limited.
31. Dalston City Partnership Limited.
32. Deptford City Challenge Limited.
