The Local Government Changes for England (Staff) (Amendment) Regulations 1996

Amendments to the Principal Regulations

3.  Regulation 5 of the principal Regulations shall be amended as follows:

(a) for paragraph (1) there shall be substituted—

“(1) This regulation applies to any person—

(a) who immediately before the reorganisation date is employed by an authority, which in consequence of an order made under section 17 of the 1992 Act, is subject to a structural change, a boundary change or both;

(b) whose employment is not transferred by an order for the transfer of staff made under the 1992 Act, or otherwise by operation of law to a new employment with a successor authority;

(c) whose employment would continue but for the change or changes mentioned in sub-paragraph (a) above; and

(d) who has not been made an offer as set out in section 82(3) of the Employment Protection (Consolidation) Act 1978(1) (as modified by the Redundancy Payments (Local Government) (Modification) Order 1983(2)); or if he has been made such an offer—

(i) in circumstances where the conditions in subsection (5)(a) and (b) of that section apply, has reasonably refused that offer; or

(ii) in circumstances where the conditions of subsection (6) of that section apply and he enters into a trial period as referred to in that subsection, has reasonably terminated the contract or has reasonably given notice to terminate it where the contract is, in consequence, terminated.”;

(c) in paragraph (2) of regulation 5 for the words “the abolished authority” there shall be substituted the words “an authority mentioned in paragraph (1)(a) above” and for the words“wound up and dissolved” there shall be substituted the words “subject to the change or changes mentioned in paragraph (1)(a) above.”.

(1)

1978 c. 44.

(2)

S.I. 1983/1160 as amended by S.I. 1988/907, 1989/532, 1990/826, 1991/881 and 1993/784.