The London Authorities (Staff) Order 1965

SCHEDULE 4

1.  In this Schedule—

“the tribunal” means such a referee or board of referees as is referred to in article 12;

“the relevant premises”, in relation to any officer, means the premises in which the officer was wholly or mainly employed or from which wholly or mainly operated ;

“the specified councils”, in relation to the Greater London Councils acting in the place of the London County Council or the county council of Middlesex has the same meaning as in article 6 in relation to such council, and in relation to any other council has the same meaning in article 6 or 7;

“the specified time”, in relation to any officer, means the expiration of the second week following that in which the decision of the tribunal is notified ;

“item” means an item numbered (i) to (xvii) in paragraph 2 of this Schedule.

2.  The questions which may be referred to a tribunal are—

(a) in relation to an officer of the council of the metropolitan borough of Woolwich, the borough of Barking or Dagenham or the urban district of Chigwell employed in the discharge of borough functions—

(i) whether he is or was so employed wholly or mainly in relation to the area specified in respect of such council in column (2) of Schedule 1;

(b) in relation to an officer of any council named in column (1) of Schedule 1 employed in a manner specified in column (2)—

(ii) whether he is or was so employed wholly or mainly in premises specified in article 5(1)(a);

(iii) whether he does or did operate wholly or mainly from such premises;

(iv) whether he is or was otherwise so employed wholly or substantially so;

(c) in the case of an officer of the council of the metropolitan borough of Wandsworth employed in the discharge of functions exercisable on and after 1st April 1965 by the council of an inner London borough—

(v) whether he is or was so employed wholly or mainly in relation to the area of the borough included in the London borough of Wandsworth or Lambeth, as the case may be;

(d) in the case of an officer of the council of the urban district of Chislehurst and Sidcup employed in the discharge of functions exercisable on and after 1st April 1965 by the council of an outer London borough—

(vi) whether he is or was so employed wholly or mainly in relation to the area of the urban district included in the London borough of Bexley or Bromley, as the case may be;

(e) in relation to an officer of the London County Council or the county council of Middlesex employed in the discharge of borough functions (not being, in the case of the London County Council, an officer transferred by or under article 6(1) or (2))—

(vii) whether he is or was so employed wholly or mainly in premises specified in article 6(3)(a);

(viii) whether he does or did operate wholly or mainly from such premises;

(f) in relation to an officer of the county council of Middlesex employed in the discharge of county functions—

(ix) whether he is or was so employed wholly or mainly in premises specified in article 6(4)(a);

(x) whether he does or did operate wholly or mainly from such premises;

(g) in relation to an officer of the county council of Middlesex employed in the making, maintenance and repair of roads—

(xi) whether he is or was so employed wholly or mainly from such premises specified in article 6(3);

(xii) whether he does or did operate wholly or mainly from such premises;

(h) in relation to an officer of the London County Council or the county council of Middlesex—

(xiii) whether he is or was employed wholly or substantially so in discharge of functions exercisable on and after 1st April 1965 the specified councils;

(i) in the case of an officer of the county council of Essex, Hertfordshire Kent or Surrey employed in the discharge of Greater London tions—

(xiv) whether he is or was so employed wholly or mainly in premises specified in article 7(1)(a);

(xv) whether he does or did operate wholly or mainly from premises;

(j) in the case of an officer of the county council of Essex, Hertfordshire Kent of Surrey employed in the discharge of borough functions—

(xvi) whether he is or was so employed wholly or mainly in premises specified in article 7(2)(a);

(xvii) whether he does or did operate wholly or mainly from premises.

3.—(1) The provisions of this paragraph shall have effect on a decision the tribunal that an officer who has been treated as employed or as operate in a manner specified in an item in paragraph 2 of this Schedule is not or not so employed or does not or did not so operate.

(2) On any decision that an officer of an authority named in column, (1) the following table is not or was not employed or does not or did not operate specified in an item included in respect of such authority in column (2) tribunal shall decide whether the officer is or was employed or does or operate as specified in the items included in respect of such first-mention item in column (3).

(1)	(2)	(3)
Any council named in column (1) of Schedule 1	(ii)	(iii) and (iv)
	(iii)	(ii) and (iv)
	(iv)	(ii) and (iii)
The London County Council or the county council of Middlesex	(vii)	(viii)
	(viii)	(vii)
	(ix)	(x)
	(x)	(ix)
	(xi)	(xii)
	(xii)	(xi)
The county council of Essex, Hertfordshire, Kent or Surrey	(xiv)	(xv), (xvi) and (xvii)
	(xv)	(xiv), (xvi) and (xvii)
	(xvi)	(xiv), (xv) and (xvii)
	(xvii)	(xiv), (xv) and (xvi)

(3) On any decision notified after 31st March 1965 that an officer council named in column (1) of Schedule 3 was not employed as specin—

• item (i), or

• item (ii), (iii) or (iv),

officer shall at the specified time be transferred to the employment of the authority specified in respect of such council in column (2).

(4) On any decision notified after 31st March 1965 that an officer of the Common Council or of the urban district council of Chigwell was not employed as specified in item (ii), (iii) or (iv), the officer shall at the specified time be transferred to the employment of the Common Council or of the urban district council.

(5) On any decision that an officer of the council of the metropolitan borough of Battersea, Lambeth or Wandsworth or of the urban district of Chislehurst and Sidcup is not or was not employed as specified in—

• item (ii), (iii) or (iv),

• item (v), or

• item (vi),

the councils of the London boroughs of Lambeth and Wandsworth or of the London boroughs of Bexley and Bromley, as the case may be, shall—

(i) if the decision is notified before 1st April 1965, include the officer in the scheme made by them under article 5(3) or (4);

(ii) if the decision is notified after 31st March 1965, determine the council to whose employment the officer should have been transferred, and where the officer is not in the employment of such council he shall at the specified time be transferred thereto.

(6) On any decision that an officer of the London County Council or the county council of Middlesex (not being, in the case of the London County Council, an officer transferred by or under article 6(1) or (2)) is not or was not employed or does not or did not operate as specified in—

• item (vii) or (viii),

• item (ix) or (x), or

• item (xi) or (xii),

the tribunal shall decide whether the officer is or was employed wholly or substantially so in the discharge of functions exercisable after 31st March 1965 by the specified councils.

If the tribunal so decides, then—

(i) if the decision is notified before 1st April 1965, the London County Council or the county council of Middlesex, as the case may be, shall, after such consultation as they consider appropriate, include the officer in the scheme made by them under article 6(7) or except him from such scheme in accordance with ( a) of the proviso thereto;

(ii) if the decision is notified after 31st March 1965, the Greater London Council shall, after such consultation as they consider appropriate, determine the specified council to whose employment the officer should be transferred, or whether he should be transferred to the employment of the Greater London Council or of a London borough council other than a specified council as if the proviso to article 6(7) had applied and the date upon which the officer should be so transferred. On such date, the officer shall be transferred in accordance with the determination.

If a decision of the tribunal that the officer was not employed as aforesaid is notified after 31st March 1965, the officer shall at the specified time transferred to the employment of the Greater London Council.

(7) On any decision notified after 31st March 1965 that an officer of London County Council or the county council of Middlesex was not employ as specified in item (xiii) the officer shall at the specified time be transferred to the employment of the Greater London Council.

(8) On any decision that an officer of the county council of Essex, Hertfordshire, Kent or Surrey is not or was not employed or does not or did operate as specified in item (xiv), (xv), (xvi) or (xvii), then—

(i) if the decision is notified before 1st April 1965, the county council may, after such consultation as they consider appropriate, include the officer in the scheme made by them under article 7(4);

(ii) if the decision is notified after 31st March 1965, the county council may, after such consultation as they consider appropriate, determine whether the officer should be transferred to employment of a specified council, or to the employment of London borough council other than a specified council, article 7(4) had applied. If they so determine the officer shall the specified time be transferred in accordance with the determination. If they do not so determine the officer shall at specified time be transferred to the employment of the county council.

(9) Subject to the provisions of sub-paragraphs (2) to (8) of this paragraph the officer shall be transferred by article 8.

4.—(1) The provisions of this paragraph shall have effect on a decision the tribunal that an officer who has not been treated as employed or operating in a manner specified in an item in paragraph 2 of this Schedule is or was so employed or does or did so operate.

(2) On any decision that an officer of the council of the metropol borough of Woolwich, the borough of Barking or Dagenham or the district of Chigwell employed in the discharge of borough functions is or so employed as specified in item (i) the tribunal shall also decide whether officer is or was employed as specified in items (ii), (iii) or (iv).

(3) On any decision notified after 31st March 1965 that an officer of Common Council, the council of any county borough, metropolitan borough or county district abolished by section 3(1) (b) of the Act or the county council of Essex, Hertfordshire, Kent or Surrey employed in the discharge of Great London functions was employed or did operate as specified in item (ii), ( (iv), (xiv) or (xv), the officer shall at the specified time be transferred to employment of the Greater London Council.

(4) On any decision notified after 31st March 1965 that an officer of authority named in column (1) of the following table (not being an officer the London County Council transferred by or under article 6(1) or (2)) ployed in the manner specified in respect of such authority in column (2) employed or did operate as specified in an item included in respect of authority in column (2) the officer shall at the specified time be transferred the employment of the authority so included in column (3).

(1)	(2)	(3)	(4)
The council of the metropolitan borough of Barking.	In the discharge of borough functions.	(ii), (iii) or (iv)	The council of the London borough of Newham.
The council of the borough of Dagenham or the urban district of Chigwell.	In the discharge of borough functions.	(ii), (iii) or (iv)	The council of the London borough of Redbridge.
The London County Council or the county council of Middlesex.	In the discharge of borough functions.	(vii) or (viii)	The London borough council to whom the relevant premises have been transferred.
The county council of Essex, Hertfordshire, Kent or Surrey.	In the discharge of borough functions.	(xvi) or (xvii)
The county council of Middlesex.	In the discharge of county functions.	(ix) or (x)	The county council to whom the relevant premises have been transferred.
The county council of Middlesex.	In the making, maintenance and repair of roads.	(xi) or (xii)	The urban district council to whom the relevant premises have been transferred.

(5) On any decision notified after 31st March 1965 that an officer of the council of the metropolitan borough of Wandsworth employed in the discharge of functions exercisable on and after 1st April 1965 by the council of an inner London borough was employed as specified in item (v), the officer shall at the specified time be transferred to the employment of the council of the London borough of Wandsworth or Lambeth, as the case may be.

(6) On any decision notified after 31st March 1965 that an officer of the council of the urban district of Chislehurst and Sidcup employed in the discharge of functions exercisable on and after 1st April 1965 by the council of an outer London borough was employed as specified in item (vi), the officer shall at the specified time be transferred to the employment of the council of the London borough of Bexley or Bromley, as the case may be.

(7) On any decision notified after 31st March 1965 that an officer of the London County Council or the county council of Middlesex was employed as specified in item (xiii), the Greater London Council shall, after such consultation as they consider appropriate, determine the specified council to whose employment he should be transferred, or whether he should be transferred to the employment of the Greater London Council or of a London borough council other than a specified council as if the proviso to article 6(7) had applied and the date upon which the officer should be so transferred. On such date the officer shall be transferred in accordance with the determination.