The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1990

Statutory Instruments

1990 No. 826

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1990

Made

30th March 1990

Coming into force

1st April 1990

Whereas a draft of the following Order was laid before Parliament in accordance with section 149(4) of the Employment Protection (Consolidation) Act 1978(1) (“the 1978 Act”) and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 149(1)(b) and 154(3) and (4) of the 1978 Act and of all other powers enabling him in that behalf hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1990 and shall come into force on 1st April 1990.

(2) In this Order the “principal Order” means the Redundancy Payments (Local Government) (Modification) Order 1983(2).

Amendments to the principal Order

2.  The principal Order shall be amended as follows:–

(a) In article 1(2)(a) after the fourth reference to “the 1978 Act” add– “or, in relation to any person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1990, any event occurring on or after the coming into force of that Order on the happening of which an employee may become entitled to a redundancy payment in accordance with the provisions of the 1978 Act”.

(b) In article 4(3) after “paragraph (4) (5)” delete “and (6)” and substitute “(6) and (7)”.

(c) After article 4(6) add–

“(7) Where a period of employment of a person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1990 falls to be com puted in accordance with the provisions of the 1978 Act as modified by this Order, the provisions of this Order shall have effect in relation to any period whether falling wholly or partly before or after the coming into force of that Order”

(d) In Schedule 1 after entry 78 there shall be added–

“79.   Scottish Homes, established under the Housing (Scotland) Act 1988(3).

80.   The Edinburgh New Town Conservation Committee.

81.   Corporate Colleges established under the Self-Governing Schools etc. (Scotland) Act 1989(4).

82.   The London Pensions Fund Authority.

83.   The Board of Management of a Self-Governing School as defined in section 80(1) of the Self-Governing Schools etc. (Scotland) Act 1989

84.   The Horniman Public Museum and Public Park Trust.

85.   The Geffrye Museum Trust.”

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

30th March 1990

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st April 1990, amends the Redundancy Payments (Local Government) (Modification) Order 1983 as amended by the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1985, the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988 and the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1989. Those Orders modified certain redundancy payments provisions of the Employment Protection (Consolidation) Act 1978 in their application to persons employed in relevant local government service so that their employment in the service is to be treated as if it were continuous for the purposes of those provisions. This Order adds to the list of employers to whose employees the 1983 Order as amended applies.

(1)

1978 c. 44.

(2)

S.I. 1983/1160, amended by S.I. 1985/1872, 1988/907, 1989/532.

(3)

1988 c. 43.

(4)

1989 c. 39.