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The Local Authorities etc. (Staff Transfer and Protection) Order 1974

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Supplementary provision as to transfers

11.—(1) Any question by any officer whether he is or is not employed in any manner specified in article 6 or 8 shall be determined in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum.

(2) The council of any administrative county, county borough or county district shall ensure that any officer to be transferred by or under article 6 is informed as to—

(a)the provisions of article 6 which are applicable to such council;

(b)the authority to whom the officer would be transferred by or under article 6; and

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

(3) Any authority from whom any officers are to be transferred by or under article 8 shall ensure that any such officer is informed as to—

(a)the authority to whom the officer would be transferred by or under that article; and

(b)the provisions of the Water Staffs Appeals Memorandum which are applicable.

(4) Where on 31st March 1974 any officer has not taken up the duties of his employment he shall be deemed, in the application of articles 6 and 8, to be employed in, or to be operating from, the premises in which he would be employed or from which he would be operating if he had taken up such duties.

(5) Where any officer is on 31st March 1974 absent from his normal duties for the purpose of undergoing training articles 6 and 8 shall apply—

(a)if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, on 31st March 1974, occupying such different place, situation or employment;

(b)otherwise as if he was, on 31st March 1974, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training.

(6) Where any officer is on 31st March 1974 absent from his normal duties otherwise than for the purposes of undergoing training he shall be deemed, in the application of articles 6 and 8, to be discharging such duties, and to be discharging them in, or from, the premises in, or from, which he normally discharges them.

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