Title and commencement
1. This order may be cited as the Local Authorities etc. (Staff Transfer and Protection) Order 1974 and shall come into operation on 21st March 1974.
Territorial extent of exercise of powers
2.—(1) This order is made by the Secretary of State for the Environment as regards the officers of existing authorities whose areas are wholly in England, the Severn River Authority, the Clywedog Reservoir Joint Authority, the Lancashire and Western Sea Fisheries Committee, the British Waterworks Association, the Association of River Authorities, the Water Supply Industry Training Board, the Association of Municipal Corporations, the County Councils Association, the Rural District Councils Association, the Urban District Councils Association and the Local Government Information Office.
(2) This order is made by the Secretary of State for Wales as regards the officers of existing authorities whose areas are wholly in Wales, the Dee and Clwyd and Wye river authorities, the Gwent Water Board and the Presteigne Joint Burial Committee.
Interpretation
3.—(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order—
“the Act” means
“the Appeals Memorandum” means
“exercisable”, in relation to functions, means
“officer”,
“the Schemes Order” means
“a Staff Appeals Tribunal” means
“Wales” means
“water authority” means
“the Water Staffs Appeals Memorandum” means
“the Water Schemes Order” means
“a Water Staff Appeals Tribunal” means
(3) In this order, unless the context otherwise requires, references to any enactment or instrument shall be construed as references to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument.
(4) Any reference in this order to a numbered article or schedule shall, unless the reference is to an article or schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order.
(5) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.
Other express provision
4. This order shall have effect subject to the express provision of any other order made (whether before or after this order) under sections 254 and 255 of the Act.
Application of transfer provisions
5.—(1) Any provision in this order for the transfer of officers of any authority applies to any officer who on 31st March 1974 is in the employment of such authority, but in the case of a person not in the whole-time employment of the authority the transfer effected by such provision in its application to the authority is limited to the extent of his employment with the authority.
(2) Subject to paragraph (3), no provision of this order for the transfer of officers, in its application to any authority, applies to—
(a)any person who will by virtue of any agreement entered into between him and any other authority enter into the employment of that other authority before or on 1st April 1974;
(b)any person as regards any employment which, otherwise than by virtue of the abolition of authorities effected by the Act or the Water Act 1973, is to be terminated on 31st March 1974;
(c)any person for whose transfer provision is made in any order made under section 18 of the National Health Service Reorganisation Act 1973; or
(d)any officer employed wholly or mainly for police purposes including the purposes of section 24 or 81 of the Road Traffic Regulation Act 1967.
(3) In paragraph (2), item (a) does not extend to any person who is under the Water Authorities (Retirement of Chief Officers) Regulations 1974(4) entitled to elect that section 260 of the Act shall, and that section 259 of the Act shall not, apply to him.
(4) In the said paragraph, item (d) does not extend to a school crossing patrol employed by the council of an administrative county or county borough.
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 Brecon | The District Council of Brecknock |
| The county council of Montgomeryshire | The District Council of Montgomery |
| The county council of Radnorshire | The District Council of Radnor |
| The county council of Rutland | The District Council of Rutland |
| The council of the county borough of Ipswich | The County Council of Suffolk |
| The council of any other county or county borough | The 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(5) or the Local Authorities (Wales) (Property etc.) Order 1973(6). |
(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).
Transfers: Members of fire brigades
7.—(1) Every member of a fire brigade maintained in pursuance of the Fire Services Act 1947, other than that maintained by the Greater London Council or by the Council of the Isles of Scilly, who is below the rank of assistant chief officer, and who is serving as such a member immediately before 1st April 1974, shall, if on 1st April 1974 he is not a member of a fire brigade for a new county otherwise than by virtue of this article, on that date be transferred to and become a member of the fire brigade—
(a)if immediately before 1st April 1974 he is serving as an instructor at the central training institution or is undergoing training, for the new county in which the premises in or from which he wholly or mainly performed his duties as a member of a fire brigade immediately before he began to serve as such an instructor or immediately before he began his training, as the case may be, are situate,
(b)in any other case, for the new county in which the premises in or from which he wholly or mainly performs his duties as a member of a fire brigade immediately before 1st April 1974 are situate.
(2) Every member transferred by paragraph (1) shall have the same rank and the same service for purposes of pay as he would have had but for the provisions of this article.
(3) Every member of such a fire brigade of or above the rank of assistant chief officer who is serving as such a member immediately before 1st April 1974, shall, if on 1st April 1974 he is not a member of a fire brigade for a new county otherwise than by virtue of this article, on that date be transferred to and become a member of the fire brigade for the new county in which the premises in or from which he wholly or mainly performs his duties as such member are situate.
(4) Every member transferred by paragraph (3) shall hold the rank of assistant chief officer but shall be treated for the purposes of his pay, pension and other conditions of employment as if he had continued to hold the rank he held immediately before 1st April 1974 in the fire brigade in which he was then serving.
(5) Any member transferred by paragraph (3) shall on 30th June 1974 or, in the case of any such member who has appealed on grounds of hardship to a Staff Appeals Tribunal—
(a)if his appeal is allowed, on the expiration of 3 months from the decision of the Tribunal or 30th September 1974, whichever is the later;
(b)in any other case, on the date of the decision of the Tribunal,
cease to be a member of the fire brigade to which he was transferred unless before then he has accepted and taken up an appointment as a member of that brigade or has resigned.
(6) Where a report, complaint or other allegation is received before 1st April 1974 from which it appears that a person transferred by paragraph (1) or (3) may have committed an offence against discipline within the meaning of the Fire Services (Discipline) Regulations 1948(7), any disciplinary proceedings, including any appeal, arising therefrom under those regulations may be continued as if the alleged offence had been committed while he was a member of the fire brigade to which he was transferred, and, accordingly, those regulations shall have effect subject to any necessary modifications.
Transfers: Officers of authorities for water supply, etc
8.—(1) Nothing in this article applies to any officers transferred by a scheme made under the Water Schemes Order.
(2) Any officer of—
the Greater London Council;
the council of any London borough or the Common Council of the City of London; or
any new town development corporation,
employed in the discharge of functions which will after 31st March 1974 be exercised by water authorities, and—
(a)being so employed wholly or mainly in premises which are to be used, after 31st March 1974, by a water authority; 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 water authority referred to in (a) or (b) or to the employment of the water authority in whose area he is wholly or mainly employed as described in (c).
In this paragraph the relevant area of any water authority, in relation to any functions, is the area of the authority for the purposes of those functions as defined in the order made under section 2(4) or 3(10) of the Water Act 1973 establishing that authority.
(3) Any officer of the Port of London Authority employed wholly or mainly in the discharge of functions which will after 31st March 1974 be exercised by the Thames Water Authority shall be transferred on 1st April 1974 to the employment of that Authority.
(4) Any officer of an authority named in column (1) of Schedule 2 shall be transferred on 1st April 1974 to the employment of the authority specified in respect of such authority in column (2).
Transfers: Officers of other bodies
9.—(1) Any officer of a body named in column (1) of Schedule 3 shall be transferred on 1st April 1974 to the employment of the body specified in respect of such body in column (2).
(2) Any officer employed by a parish council constituted under Part V of Schedule 1 to the Act in respect of any matter described in item 13a in Schedule 2 to the Local Authorities (England) (Property etc.) Order 1973 as amended by the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974(8) shall be transferred on 1st April 1974 to the employment of the district council specified in column (4) of the said item.
Transfers: Officers employed through agency of joint committees
10.—(1) Nothing in this article applies to—
(a)any person transferred by a scheme under the Schemes Order or the Water Schemes Order;
(b)any person transferred by article 6, 7, 8 or 9.
(2) Subject to paragraph (1), this article has effect in relation to officers employed through the agency of a joint committee constituted under section 91 of the Local Government Act 1933 or by or under any other enactment.
(3) Where such a committee, under section 263(5) of the Act, continues to exist on and after 1st April 1974 as if appointed under Part VI of the Act by new authorities, any officer employed through the agency of the committee shall be transferred on 1st April 1974 to the employment of such new authorities.
(4) Where by reason of any provision made in or under the Act such a committee ceases to exist, any officer employed through the agency of the committee shall be transferred on 1st April 1974 to the employment of the new authority exercising on and after that date the functions for the purposes of which the joint committee was constituted.
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.
Appeals
12. Appeals may be made by officers and shall be determined in accordance with the arrangements set out in the Appeals Memorandum or the Water Staffs Appeals Memorandum.
Appeals made under article 3(5) of the Local Government (Staff Transfer Schemes and Community Councils) Order 1974(9) shall be determined in accordance with the arrangements set out in the Appeals Memorandum.
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 employment”
(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.
Secondary transfers
14. Any officer (other than a member of a fire brigade) transferred as mentioned in article 13(1) to the employment of any authority may, before 1st January 1975 or the expiration of 2 months from the service upon him of the statement of new terms and conditions of employment under article 13, whichever is the later, be transferred by the said authority, with the agreement of any other authority, and of the officer, to the employment of that authority, and article 13 shall thereupon apply to such officer as it applies to officers transferred by the article, scheme or determination mentioned in article 13.
Apprenticeships
15. Any contract of apprenticeship entered into between any person (other than a member of a fire brigade) and the council of an administrative county, county borough or county district shall have effect as a contract entered into between such person and the authority to whose employment he is transferred or would have been transferred if he had been in the employment of such council.
Saving for training arrangements
16. Where any officer transferred as mentioned in article 13(1) or under article 14 is undergoing training under arrangements which have not been discharged before 1st April 1974, those arrangements shall continue to apply with the substitution, for the authority in whose employment the officer was prior to the commencement of the training, of the authority to whose employment he has been transferred as aforesaid.
Saving for dispensations
17. Any dispensation from the requirements of any regulation granted to the authority from whom any officer is transferred as mentioned in article 13(1) or under article 14 shall have effect, in relation to such officer, as if it has been granted to the authority to whose employment he has been transferred as aforesaid.
Saving for extensions of service
18. Any extension of service under section 7(1) of the Local Government Superannuation Act 1937 effective on 1st April 1974 in relation to an officer transferred as mentioned in article 13(1) or under article 14 shall continue to have effect as if it had been made by the authority to whose employment he is transferred as aforesaid.
Travelling and removal expenses
19. Any additional travelling expenses, and any removal or incidental expenses, reasonably incurred by any officer in consequence of the abolition by the Act or the Water Act 1973 of the authority by whom he was employed shall be reimbursed by the authority to whose employment he is transferred as mentioned in article 13(1) or under article 14.
Commencing points on scales
20. Where, in relation to any officer—
(a)on the scale of salary or remuneration applicable to him immediately before 1st April 1974 he would have become entitled to an increment on that date; and
(b)by reason of any appointment effective as from 1st April 1974 made by the authority to whom he is transferred, any other scale of salary or remuneration becomes applicable to him as from that date,
any term of his employment as to his commencing point on such other scale shall be applicable as if his employment before, and on and after, the said date were continuous employment under one authority.
Notices to terminate contracts of employment
21.—(1) This article applies to contracts of employment resulting from the operation of article 6, 8, 9 or 10, any scheme made under the Schemes Order or the Water Schemes Order, a determination under article 5(1) of the Schemes Order or article 7(1) of the Water Schemes Order or a determination given on an appeal against a particular transfer.
(2) Notice to terminate any contract of employment to which this article applies may, with his consent, be given to any officer before 1st April 1974 by the authority to whose employment he would be transferred on that date.
(3) A notice to terminate any contract of employment to which this article applies shall, unless the officer to whom it is given otherwise agrees, not come into operation earlier than the expiration of 3 months from the service thereof.
Anthony Crosland
Secretary of State for the Environment
19th March 1974
John Morris
Secretary of State for Wales
19th March 1974