The East Riding of Yorkshire District Council (Staff Transfer) Order 1996

Statutory Instruments

1996 No. 378

LOCAL GOVERNMENT, ENGLAND AND WALES

The East Riding of Yorkshire District Council (Staff Transfer) Order 1996

Made

21st February 1996

Laid before Parliament

1st March 1996

Coming into force

1st April 1996

The Secretary of State, in exercise of his powers under section 17(1) and 26(5)(b) of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, Commencement and Application

1.—(1) This Order may be cited as the East Riding of Yorkshire District Council (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.

(2) This Order makes provisions which are consequential or supplementary to the Humberside (Structural Change) Order 1995.(2)

Interpretation

2.  In this Order—

“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;

“designated list” means the list marked “The East Riding of Yorkshire District Council (Staff Transfer) Order 1996 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the East Riding of Yorkshire District Council and one in the offices of the Secretary of State for the Environment;

“employee” means a person employed under a contract of employment.

Transfer of Staff

3.—(1) This article shall apply to any employee (a “designated employee”)—

(a) immediately before 1st April 1996 (“the reorganisation date”) was employed by the Beverley Borough Council, the East Yorkshire Borough Council or the Holderness Borough Council;

(b) whose employment would continue but for the abolition of those three councils; and

(c) whose name is mentioned in the designated list.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the East Riding of Yorkshire District Council.

(3) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.(3)

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under Secretary of State,

Department of the Environment

21st February 1996

Explanatory Note

(This note is not part of the Order)

This Order is supplemental to the Humberside (Structural Change) Order 1995 which alters the structure of local government in the county of Humberside. This Order specifies the staff employed by the Beverley Borough Council, the East Yorkshire Borough Council, and the Holderness Borough Council whose employment is to be transferred to the East Riding of Yorkshire District Council.

(1)

1992 c. 19.

(2)

S.I. 1995/600.

(3)

S.I. 1981/1974 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c. 19.