1998 No. 450
LOCAL GOVERNMENT, ENGLAND AND WALES
The Berkshire County Council (Staff Transfer) Order 1998
25th February 1998
Laid before Parliament
4th March 1998
Coming into force
1st April 1998
The Secretary of State, in exercise of his powers under sections 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 Berkshire County Council (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.
(2) This Order makes provisions which are consequential on or supplementary to, the Berkshire (Structural Change) Order 1996(2) (“the 1996 Order”).
2. In this Order—
“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 Berkshire County Council (Staff Transfer) Order 1998 Designated List” which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with the council of the Royal Borough of Windsor and Maidenhead, one copy with each of the five borough or district councils affected by the 1996 Order, one with the Berkshire County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;
“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 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996(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 1998 (“the reorganisation date”) is employed by the Berkshire 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 in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I or Part II of the designated list, as if originally made between that employee and the Royal borough, borough or 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
Minister of State,
Department of the Environment, Transport and the Regions
25th February 1998
(This note is not part of the Order)
This Order is supplemental to the Berkshire (Structural Change) Order 1996 which alters the structure of local government in the county of Berkshire. This Order provides for the employment of staff employed by the Berkshire County Council to be transferred to the council of the Royal Borough of Windsor and Maidenhead, and to five other borough or district councils.
This Order refers to a designated list of employees and a copy of the list may be inspected at any of the offices of the councils referred to and at the office of the Secretary of State for the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU.
1992 c. 19.
S.I. 1996/1879. This Order gave effect (with modifications) to a Report of the Local Government Commission for England submitted in December 1994.
1996 c. 18.
S.I. 1981/1974 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c. 19.