The Local Government Reorganisation (Wales) (Limitation of Compensation) Regulations 1995

Statutory Instruments

1995 No. 1039

LOCAL GOVERNMENT, ENGLAND AND WALES

WALES

The Local Government Reorganisation (Wales) (Limitation of Compensation) Regulations 1995

Made

5th April 1995

Laid before Parliament

12th April 1995

Coming into force

4th May 1995

The Secretary of State for Wales, in exercise of the power conferred on him by section 45(7) of the Local Government (Wales) Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Local Government Reorganisation (Wales) (Limitation of Compensation) Regulations 1995 and shall come into force on 4th May 1995.

2.  In these Regulations—

“the 1994 Act” means the Local Government (Wales) Act 1994;

“old authority” means a county or district council which ceases to exist as a result of the 1994 Act;

“new authority” means a county or county borough council which is established under the 1994 Act and the Residuary Body for Wales(2).

3.  Section 45 of the 1994 Act shall not apply where an employee of an old authority is engaged under a contract of employment with a new authority in pursuance of an offer made by a new authority before 1st April 1996, and the engagement takes effect on or before 30th April 1996.

John Redwood

Secretary of State for Wales

5th April 1995

Explanatory Note

(This note is not part of the Regulations)

Section 45 of the Local Government (Wales) Act 1994 provides for entitlement to compensation for certain employees of existing county or district councils with contracts made before 1st December 1993 which would have continued but for the abolition of their employers and which are not transferred to a new employer.

These Regulations exclude the application of section 45 in certain cases where such employees have been able to obtain a new contract by agreement.

(1)

1994 c. 19.

(2)

The Residuary Body for Wales or Corff Gweddilliol Cymru was established on 1st February 1995 by virtue of the Residuary Body for Wales (Appointed Day) Order 1995 (S.I. 1995/103 (C.5)).