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

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Transfers: Officers (other than members of fire brigades) of councils of administrative counties, county boroughs and county districts

6.—(1) Nothing in this article applies to—

(a)any officer transferred by a scheme made under the Schemes Order; or

(b)any member of any fire brigade.

(2) Any officer of the council of an administrative county, county borough or county district wholly comprised in one new county, or to which this paragraph is applied by paragraph (11) or (12), employed in the discharge of functions which will after 31st March 1974 be exercisable in the area of the administrative county, county borough or county district only by the county council, and—

(a)being so employed wholly or mainly in premises which are to be used, after 31st March 1974, for the purpose of the discharge of their functions by the county council; or

(b)operating wholly or mainly from such premises; or

(c)being otherwise so employed wholly or substantially so,

shall be transferred on 1st April 1974 to the employment of the county council.

(3) Any officer of the council of the administrative county of Anglesey, Cardiganshire, Montgomeryshire, Radnorshire or Rutland, or of any county borough or county district wholly comprised in one district, or to which this paragraph is applied by paragraph (12), employed in the discharge of functions which will after 31st March 1974 be exercisable in the area of the administrative county, county borough or county district only by the district council, and—

(a)being so employed wholly or mainly in premises which are to be used, after 31st March 1974, for the purpose of the discharge of their functions by the district council; or

(b)operating wholly or mainly from such premises; or

(c)being otherwise so employed wholly or substantially so,

shall be transferred on 1st April 1974 to the employment of the district council.

(4) Any officer of the council of an administrative county other than Anglesey, Cardiganshire, Montgomeryshire, Radnorshire or Rutland employed in the discharge of functions which will after 31st March 1974 be exercisable in any district only by the district council, and employed as described in (a) or (b) of paragraph (3) in premises in the district, or operating in the discharge of such functions wholly or substantially so in relation to the area of the district, shall be transferred on 1st April 1974 to the employment of the district council.

Any other officer of such council employed in the discharge of functions which will after 31st March 1974 be exercisable in the area of the administrative county only by district councils shall be transferred on 1st April 1974 to the employment of such district council as may be determined by the first-mentioned council after consultation with the district councils concerned.

(5) Any officer of the council of any county borough comprised in a metropolitan county employed in relation to any road passenger transport undertaking and—

(a)being so employed wholly or mainly in premises which are to be used, after 31st March 1974, for the purposes of such undertaking; or

(b)operating wholly or mainly from such premises; or

(c)being otherwise so employed wholly or substantially so,

shall be transferred on 1st April 1974 to the employment of the Passenger Transport Executive for the county.

(6) (a) Where after 31st March 1974 a local authority will, under section 15 of the Water Act 1973, be discharging sewerage functions as defined in such section on behalf of a water authority, any officer of the council of any county borough or county district employed in the discharge of such functions, and—

(i)being so employed wholly or mainly in premises which are to be used, after 31st March 1974, by such local authority; or

(ii)operating wholly or mainly from such premises; or

(iii)being otherwise so employed wholly or substantially so,

shall be transferred on 1st April 1974 to the employment of such local authority.

(b)Any other officer of the council of any county borough or county district, or any officer of the council of an administrative county, employed in the discharge of functions which will after 31st March 1974 be exercised by a water authority, and—

(i)being so employed wholly or mainly in premises which are to be used, after 31st March 1974, by a water authority; or

(ii)operating wholly or mainly from such premises; or

(iii)being otherwise so employed wholly or substantially so,

shall be transferred on 1st April 1974 to the employment of the water authority referred to in (i) or (ii) or to the employment of the water authority in whose area he is wholly or mainly employed as described in (iii).

(7) Any officer of the council of a county or county borough employed in the discharge of functions of the Secretary of State for the Environment under the Vehicles (Excise) Act 1971 and Part III of the Road Traffic Act 1972 exercised on his behalf under section 2 of the Vehicle and Driving Licences Act 1969 by such council shall be transferred on 1st April 1974 to the employment of the council specified in respect of the first-mentioned council in the following table—

TABLE

(1)(2)
The county council of BreconThe District Council of Brecknock
The county council of MontgomeryshireThe District Council of Montgomery
The county council of RadnorshireThe District Council of Radnor
The county council of RutlandThe District Council of Rutland
The council of the county borough of IpswichThe County Council of Suffolk
The council of any other county or county boroughThe council specified in respect of such council in column (2) of Part I or II of Schedule 4 to the Local Authorities (England) (Property etc.) Order 1973(1) or the Local Authorities (Wales) (Property etc.) Order 1973(2).

(8) Any officer employed wholly or mainly in the airport department of the council of the city of Manchester shall be transferred on 1st April 1974 to the employment of the County Council of Greater Manchester.

(9) Any officer of the council of an administrative county wholly comprised in one new county, or to which this paragraph is applied by paragraph (11), who is not transferred by paragraph (2), (3), (4), (6) or (7) shall be transferred to the employment of the county council.

(10) Any officer of the council of a county borough or county district wholly comprised in one district, or to which this paragraph is applied by paragraph (12), who is not transferred by paragraph (2), (3), (5), (6), (7) or (8) shall be transferred to the employment of the district council.

(11) Where the council of an administrative county have not made a scheme under article 3(3) of the Schemes Order by reason of notifications of relevant authorities other than one county council that no officers need be transferred to them, paragraphs (2) and (9) shall apply as if the administrative county were wholly comprised in the area of such one county council, and any reference in such paragraphs or in paragraph (4) to the area of the administrative county shall be construed as a reference to so much of the area of the administrative county as is comprised in the area of such one county council.

(12) Where the council of a county district have not made a scheme under the said article 3(3) by reason of notifications of relevant authorities other than one district council that no officers need be transferred to them, paragraphs (2), (3) and (10) shall apply as if the county district were wholly comprised in the area of such one district council, and in the county in which that district is comprised.

(13) Any officer of the council of an administrative county, county borough or county district named in column (1) of Schedule 1 not transferred by a scheme made under the Schemes Order or paragraphs (2) to (12) shall be transferred on 1st April 1974 to the employment of the authority specified in respect of such council in column (2).

This paragraph does not apply to any council to which paragraph (9) or (10) is applied by paragraph (11) or (12).

(1)

(1973 III, p. 6401).

(2)

(1973 III, p. 6452).

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