The Greater London Council Housing (Staff Transfer and Protection) Order 1979

Interpretation

2.—(1) In this Order—

“the Act” means the London Government Act 1963;

“the appointed day” means—

(a)

in relation to an officer transferred by or under Article 6 to the employment of a transferee authority—

(i)

the day upon which land or housing accommodation is transferred to that authority by a transfer of property order, or

(ii)

where land or housing accommodation is transferred to that authority by a transfer of property order on two or more days, the first such day, subject as provided in article 5(1); and

(b)

in relation to an officer transferred under article 8 to the employment of a relevant authority, the day upon which he is so transferred;

“officer”, in relation to any authority, includes the holder of any office or employment under that authority;

“relevant officer” means an officer of the Greater London Council or, in the case of an officer transferred under article 8 from the employment of a transferee authority, that authority who—

(a)

immediately before the appointed day—

(i)

is employed wholly or mainly in connection with the discharge of the Greater London Council's functions as a local authority under the Housing Act 1957 or, in the case of an officer transferred under article 8 from the employment of a transferee authority, the functions of that authority;

(ii)

has not taken up the duties of his employment, but had he done so would be employed as mentioned in (i) above; or

(iii)

is absent from his normal duties, whether for the purpose of training or otherwise, and, were he not so absent, would be employed as mentioned in (i) above;

(b)

will not, on the appointed day, enter into the employment of a transferee authority by virtue of any agreement entered into between him and that authority (other than an agreement under article 8); and

(c)

is not an officer whose employment is to be terminated on or before the appointed day, otherwise than by virtue of a transfer of land or housing accommodation as mentioned in article 3 or his transfer under article 8;

“scheme” means a scheme made under article 4;

“terms and conditions of employment” include any restriction which arises under any Act or instrument made under any Act on the termination of the employment of any officer; and shall, for the purposes of articles 7 and 15, include such a restriction, notwithstanding repeal or revocation of the Act or instrument under which it arose;

“transfer of property order” means an order under section 23(3) of the London Government Act 1963, made after 31st March 1979, which transfers land or housing accommodation to a transferee authority; and

“transferee authority” means a London borough council or district council.

(2) In this order, unless the context otherwise requires, any reference to an article shall be construed as a reference to an article in this order, any reference to a paragraph shall be construed as a reference to a paragraph in the same article and any reference to a sub-paragraph shall be construed as a reference to a sub-paragraph in the same paragraph.