Statutory Instrument 1996 No. 400

The Avon (Staff Transfer) Order 1996

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© Crown Copyright 1996

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1996 No. 400

LOCAL GOVERNMENT, ENGLAND AND WALES

The Avon (Staff Transfer) Order 1996

The Secretary of State, in exercise of his powers under section 17(1) and 26(5)(b) of the Local Government Act 1992^[1], and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, Commencement and Application
    1.—(1)  This Order may be cited as the Avon (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.

    (2)  This Order makes provisions which are consequential or supplementary to the Avon (Structural Change) Order 1995^[2].

Interpretation
    2.    In this Order—
"Avon district council" has the same meaning as in the Avon (Structural Change) Order 1995);


"contract of employment" means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;


"designated list" means the list marked "The Avon (Staff Transfer) Order 1996 Designated List" which is signed by the Secretary of State for the Environment, one copy of which is deposited with each of the four Avon district councils and one in the offices of the Secretary of State;


"employee" means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1996, but does not include a person whose employment is on a temporary basis and who on 31st March 1996, has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978^[3]) of less than two years.

Transfer of Staff
    3.—(1)  This article shall apply to any employee (a "designated employee")—
 (a) who immediately before 1st April 1996 ("the reorganisation date") was employed by the Avon County Council;
 (b) whose employment would continue but for the abolition of that council; and
 (c) whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.

    (2)  The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect—
 (a) in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee, and the district council mentioned at the head of that section;
 (b) in the case of an employee whose name is mentioned in any section of Part II of that list, as if originally made between that employee, and the district council mentioned at the head of that section.

    (3)  This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981^[4].

Signed by authority of the Secretary of State

Paul Beresford,

Parliamentary Under Secretary of State,
Department of the Environment

21st February 1996

This Order is supplemental to the Avon (Structural Change) Order 1995 which alters the structure of local government in the county of Avon. This Order specifies the staff employed by the Avon County Council whose employment is to be transferred to the four Avon district councils.

[1] 1992 c. 19. back

[2] S.I. 1995/493. back

[3] 1978 c. 44 to which there are amendments not relevant to these regulations. back

[4] S.I. 1981/1974 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c. 19. back