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

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Protection of officers transferred

13.—(1) Every officer transferred—

(a)by or under article 6, 7, 8, 9 or 10 or a determination given on an appeal arising out of such article;

(b)by a scheme made under the Schemes Order, a determination given under article 5(1) thereof or a determination given on an appeal by an officer made in accordance with article 3(5) of the Local Government (Staff Transfer Schemes and Community Councils) Order 1974; or

(c)by a scheme made under the Water Schemes Order, a determination given under article 7(1) thereof or an appeal by an officer made in accordance with article 8 thereof,

to the employment of any body shall, so long as he continues in that employment by virtue of the transfer and until he is served with a statement in writing referring to the relevant order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before 1st April 1974.

In this paragraph, “the relevant order” means

(i)in the case of an officer transferred by or under article 6, 7, 8, 9 or 10, by a determination given on an appeal arising out of such article, or under article 14, this order;

(ii)in the case of an officer transferred as described in (b), the Schemes Order; and

(iii)in the case of an officer transferred as described in (c), the Water Schemes Order.

(2) A statement of new terms and conditions of employment shall not be served—

(a)in the case of any officer who has appealed on grounds of hardship to a Staff Appeals Tribunal or a Water Staff Appeals Tribunal or in relation to whom an appeal has been made to such a Tribunal under article 11(1)—

(i)if an appeal on grounds of hardship is allowed, until—

  • an alternative transfer or employment has been arranged; or

  • if no alternative transfer or employment is arranged, the expiration of 3 months from the decision of the Tribunal or 30th September 1974 whichever is the later,

(ii)in any other case, until the decision on the appeal has been notified;

(b)in the case of an officer to whom article 11(5)(a) applies, unless such officer otherwise agrees, until he has been occupying the different place, situation or employment therein referred to for one month.

(3) Subject to paragraph (2), a statement of new terms and conditions of employment may be served before 1st April 1974.

(4) A statement of new terms and conditions of employment shall be served on every officer before 1st April 1975.

(5) If after service of a statement of new terms and conditions of employment upon him (whether before 1st April 1974 or otherwise) an officer appeals on grounds of hardship as aforesaid, or an appeal is made in relation to him to a Staff Appeals Tribunal or a Water Staff Appeals Tribunal under article 11(1), the statement shall cease to have effect, paragraph (1) shall have effect as if the statement had not been served, and a new statement shall be served only in accordance with paragraph (2)(a).

(6) The new terms and conditions of employment shall be such that—

(a)so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before 1st April 1974, the scale of his salary or remuneration is not less favourable than that which he enjoyed immediately before 1st April 1974; and

(b)the other terms and conditions of his employment are not less favourable than those which he enjoyed immediately before 1st April 1974.

(7) Where between 1st April 1974 and the service of the statement of new terms and conditions of employment upon any officer the scale of the salary or remuneration which such officer enjoyed immediately before 1st April 1974 is improved, paragraph 6(a) shall have effect as if the scale as improved had been so enjoyed.

(8) Where the new terms and conditions of employment involve any diminution of the scale of the salary or remuneration of an officer they shall not come into effect until the date, not earlier than the expiration of 3 months from the service of the statement thereof, specified in that statement.

(9) Any question by an officer whether duties are reasonably comparable within the meaning of paragraph (6) shall be determined in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum.

(10) An officer may appeal in respect of new terms and conditions of employment in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum.

(11) Any statement of new terms and conditions of employment shall contain a statement of the provisions of paragraphs (9) and (10) and copies of the Appeals Memorandum or the Water Staffs Appeals Memorandum shall be made available for reference by the authority by whom the statement is served.

(12) In this article, “terms and conditions of employmentincludes any restriction arising under any Act or any instrument made under any Act on the termination of the employment of any officer.

(13) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1972 shall not be regarded as a statement of new terms and conditions of employment for the purposes of this article unless the statement so indicates.

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