- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Ordnance Factories and Military Services Act 1984. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
1Subject to paragraph 2, no scheme may provide for the transfer of rights or liabilities relating to a person’s employment.E+W+S+N.I.
2(1)This paragraph applies where a scheme contains provision under section 1(1)(a) for a transfer of anything which constitutes an undertaking (within the meaning of the 1981 regulations) or part of such an undertaking.E+W+S+N.I.
(2)In their application to the transfer, the 1981 regulations shall not have effect so as to transfer any right to restrain the political activities of an employee or to dismiss an employee at pleasure, but (subject to that) the regulations shall have effect as nearly as the circumstances permit, having regard to the fact that the transfer is from Her Majesty or a Minister.
(3)The scheme may include provision that persons falling within sub-paragraph (4) shall be treated for the purposes of the 1981 regulations as if they were employed immediately before the appointed day in the undertaking or part.
(4)A person falls within this sub-paragraph if—
(a)he is employed in the civil service of the State immediately before the appointed day,
(b)in the Secretary of State’s opinion his connection with the undertaking or part is such as to make it expedient to treat him for the purposes of the 1981 regulations as if he were employed in the undertaking or part, and
(c)he is prescribed for the purposes of this sub-paragraph.
(5)On the appointed day, any provision made by virtue of sub-paragraph (3) shall have effect in accordance with the scheme.
(6)Sub-paragraph (2) shall not affect any question as to the application or effect of the 1981 regulations in the case of—
(a)a transfer from Her Majesty or a Minister apart from this Act, or
(b)a transfer under a provision made by virtue of section 1(1)(b) or (c).
(7)In this paragraph—
“appointed day” means the day on which the scheme comes into force;
“prescribed” means specified or described in or determined in accordance with the scheme;
“the 1981 regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 1981, as they have effect on the appointed day.
3(1)Where a person employed in the civil service of the State is to become employed by a company, and would not do so if it were not for a scheme made under section 1(1), none of the agreed redundancy procedures applicable to persons employed in that service shall apply to him.E+W+S+N.I.
(a)a person ceases to be employed in that service on becoming employed by a company, and
(b)he would not have so ceased if it were not for a scheme made under section 1(1),
he shall not, on so ceasing, be treated for the purposes of any scheme under section 1 of the M1Superannuation Act 1972 as having been retired on redundancy.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: