Redundancy Payments (Local Government) (Modification) Order 1983

JurisdictionUK Non-devolved
CitationSI 1983/1160
Year1983

1983 No. 1160

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments (Local Government) (Modification) Order 1983

28thJuly 1983

Whereas a draft of the following Order was laid before Parliament in accordance with section 149(4) of the Employment Protection (Consolidation) Act 1978(a) and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 149(1)(b) and 154(3) of the 1978 Act and of all other powers enabling him in that behalf hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Redundancy Payments (Local Government) (Modification) Order 1983 and shall come into operation on the fourteenth day after the day on which it is made.

(2) In this Order, unless the context otherwise requires—

(a) "relevant event" means any event occurring on or after the coming into operation of this Order on the happening of which an employee may become entitled to a redundancy payment in accordance with the provisions of the 1978 Act;

(b) "the 1978 Act" means the Employment Protection (Consolidation) Act 1978.

Application of order

2. This Order applies to any person who immediately before the occurrence of the relevant event is employed by an employer described in Schedule 1 to this Order, for the purposes of determining that person's entitlement to a redundancy payment under the 1978 Act and the amount of such payment.

(a) 1978 c. 44.

Application of certain redundancy payments provisions with modifications

3. In relation to any person to whom this Order applies the provisions of the 1978 Act mentioned in Schedule 2 to this Order shall have effect subject to the modifications specified in that Schedule.

Transitional, supplementary and incidental provisions

4.—(1) Any reference to the 1978 Act in any enactment shall have effect as a reference to that Act as modified by this Order in relation to persons to whom this Order applies.

(2) Any document which refers, whether specifically or by means of a general description, to an enactment which is modified by any provision of this Order shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.

(3) Where a period of employment of a person to whom this Order applies falls to be computed in accordance with the provisions of the 1978 Act as modified by this Order, the provisions of this Order shall have effect in relation to any period whether falling wholly or partly before or after the coming into operation of this Order.

N. B. Tebbit, Secretary of State for Employment.

28th July 1983.

Article 2

SCHEDULE 1

EMPLOYMENT TO WHICH THIS ORDER APPLIES: EMPLOYERS IMMEDIATELY BEFORE THE RELEVANT EVENT.

1. A county council, the Greater London Council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly.

2. A regional council, islands council or district council established by or under the Local Government (Scotland) Act 1973(a).

3. A joint board or joint body constituted by or under any enactment for the purpose of exercising the functions of two or more bodies described in paragraph 1 or 2 above, and any special planning board within the meaning of paragraph 3 of Schedule 17 to the Local Government Act 1972(b).

4. Any other authority or body, not specified in paragraph 1, 2 or 3 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 paragraph 1, 2 or 3 above.

5. 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 paragraph 1, 2, 3 or 4 above.

6. Any two or more bodies described in paragraph 1, 2, 3, 4 or 5 above acting jointly or as a combined authority.

7. Any association which is representative of any two or more authorities described in paragraph 1 or 2 above.

8. Any committee established by one or more of the associations described in paragraph 7 above for the purpose of exercising the functions of, or advising, one or more of such associations.

9. An association which is representative of one or more of the associations described in paragraph 7 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 generally and in local government service.

10. An organisation which is representative of an association...

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