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Ordnance Factories and Military Services Act 1984

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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.

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