The Local Government Reorganisation (Wales) (Staff) (No. 3) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order supplements and, to a certain extent supersedes, the Local Government Reorganisation (Wales) (Staff) Order 1996 (S.I. 1996/501) (“the principal Order”) and the Local Government Reorganisation (Wales) (Staff) (No. 2) Order 1996 (S.I. 1996/905) (“the No. 2 Order”). Those Orders designated, for the purposes of Section 42 of the Local Government (Wales) Act 1994 (transfers of staff) staff of the district and county councils and of the Milford Port Health Authority which, by virtue of the 1994 Act, ceased to exist on 1st April 1996. They also specified a new county or county borough council or a National Park authority as the new employer of such staff from that date.

Article 3 of the Order designates for the purposes of section 42 of the 1994 Act the staff described in the Schedule to the Order and specifies a new county or county borough council or a National Park authority as the new employer for each such staff. This is with effect from 1st April 1996.

Section 42 of the 1994 Act provides that the contract of employment of staff so designated has effect as if originally made between them and the new employer specified in the Order.

The staff of the old county and district councils affected by this Order fall within the following categories:

(a) persons whose names or details of employment with an old council had been misdescribed in either the deposited list referred to in the principal Order or in the No. 2 Order;

(b) persons who had been omitted from the deposited list and who had not been included in the principal Order or the No. 2 Order;

(c) persons who, by agreement or by virtue of the appeals procedure established by the councils and the Staff Commission for Wales, have transferred direct to a new employer different from that specified in the previous Orders.