The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1995

Statutory Instruments

1995 No. 1157

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1995

Made

27th April 1995

Laid before Parliament

4th May 1995

Coming into force

1st June 1995

The Secretary of State in exercise of the powers conferred on him by section 149(1)(b) and section 154(3) and (4) of the Employment Protection (Consolidation) Act 1978(1) (“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 1995 and shall come into force on 1st June 1995.

(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 ninth 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 1995, 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 “(8), (9), (10)” delete “and (11)” and substitute “, (11) and (12).”.

(c) After Article 4(11) add—

“(12) 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 1995 falls to be computed 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 98 add—

“99.   Coverage Care Limited.

100.   Pathfinder Trust Limited.

101.   Kent Careers and Guidance Service Limited.

102.   New Park Village TMC Limited.

103.   Waltham Forest Specialist Housing Consortium Limited.

104.   Buckinghamshire Careers Service Limited.

105.   Central Council for Education and Training in Social Work.

106.   Yorkshire Mining Museum.

107.   The Manchester, Salford, Tameside and Trafford Careers Services Limited.

108.   Newcastle West End Partnership Limited.

109.   Gwent Careers Service Partnership.

110.   A council constituted under section 2 which is required to hold an election under section 5(2) of the Local Government etc. (Scotland) Act 1994(3).

111.   A body established under section 62(1) of the Local Government etc. (Scotland) Act 1994.

112.   The Scottish Children’s Reporter Administration established under section 128 of the Local Government etc. (Scotland) Act 1994.

113.   A county council or county borough council established under the Local Government (Wales) Act 1994(4).

114.   The Residuary Body for Wales (Corff Gweddilliol Cymru).”.

Signed by order of the Secretary of State.

Phillip Oppenheim

Parliamentary Under Secretary of State,

Department of Employment.

27th April 1995

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st June 1995, 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, the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1989, the Redundancy Payments (Local Government) (Modification) (Amend-ment) Order 1990, the Education (Reorganisation in Inner London) (Redundancy Payments) (Amendment) Order 1990, the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1991, the Redundancy Payments (Local Govern-ment) (Modification) (Amendment) Order 1993 and the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1994. 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, 1990/826, 1990/1432, 1991/818, 1993/784, 1994/417.

(3)

1994 c. 39.

(4)

1994 c. 19.