The Local Government (Staff Transfer Schemes and Community Councils) Order 1974

Staff transfer schemes

3.—(1) In this article—

“the Appeals Memorandum” means the Memorandum on Staff Appeals enclosed with Circular LGSC 15/73 (Local Government Staff Commission for England) LGSC(W) 12/73 (Local Government Staff Commission for Wales) dated 13th December 1973; and

“the order of 1973” means the Local Government (Staff Transfer Schemes) Order 1973(1).

(2) For article 4(3)(b) of the order of 1973 (which provides that in preparing any scheme under that order a council shall give all officers likely to be transferred an opportunity to indicate any preference as to the authority to whom they would wish to be transferred and take into consideration the preferences so indicated), in the case of a scheme made under article 3(3) of that order, there shall be substituted—

“(b) give any officers likely to be transferred otherwise than in accordance with items (a) and (b) in paragraph 25 of the Memorandum an opportunity to indicate any preference as to the authority to whom they would wish to be transferred and take into consideration the preferences so indicated.”.

(3) Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the determination of any question by an arbitrator appointed by the Secretary of State under article 5(1) of the order of 1973 as if such determination were an arbitration under any other Act within the meaning of that section.

(4) Any scheme made under the order of 1973 may be amended by the council by whom it was made.

Upon making any amendment a council shall transmit copies of the scheme as amended or of the amendments to the authorities and bodies representative of staff appearing to them to be concerned and notify every officer affected of the provision of the scheme as amended in relation to him.

(5) Appeals may be made by officers in accordance with arrangements set out in the Appeals Memorandum.

(6) The council of any administrative county, county borough or county district shall ensure that any officer is informed as to—

(a) the provisions of the order of 1973 which are applicable to such council;

(b) the authority to whom the officer would be transferred under a scheme; and

(c) the provisions of the Appeals Memorandum which are applicable.

(1)

(1973 III, p. 6377).