The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 and shall come into force on 1st September 1999.

(2) In this Order—

(a) “the 1983 Order” means the Redundancy Payments (Local Government) (Modification) Order 1983(1);

(b) “the 1972 Act” means the Local Government Act 1972(2);

(c) “the 1978 Act” means the Employment Protection (Consolidation) Act 1978(3);

(d) “the 1980 Act” means the Education (Scotland) Act 1980(4);

(e) “the 1985 Act” means the Local Government Act 1985(5);

(f) “the 1988 Act” means the Education Reform Act 1988(6);

(g) “the 1992 Act” means the Further and Higher Education Act 1992(7);

(h) “the 1994 Act” means the Local Government etc. (Scotland) Act 1994(8);

(i) “the 1996 Act” means the Employment Rights Act 1996;

(j) “the 1998 Act” means the School Standards and Framework Act 1998(9);

(k) “the Education Act” means the Education Act 1996(10).

(3) Subject to paragraph (4) below, in this Order “relevant event” in relation to a person means any event occurring on or after the day on which this Order comes into force on the happening of which that person may become entitled to a redundancy payment in accordance with the 1996 Act.

(4) Where an event has occurred on or after 21st June 1998 but before the day on which this Order comes into force, on the happening of which a person employed immediately before that event by the English Sports Council may have become entitled to a redundancy payment in accordance with the 1996 Act, “relevant event” in this Order includes that event in relation to that person.

Application of this Order

2.—(1) This Order applies to any person who immediately before the occurrence of a relevant event is employed by an employer specified in Schedule 1 to this Order.

(2) Where a person commenced employment with a Further Education Funding Council established by section 1 of the 1992 Act before 1st April 1996 and left that employment either—

(a) before that date, or

(b) by reason of a relevant event after the date on which this Order comes into force,

this Order applies to that person as if that Council were specified in Schedule 1 to this Order.

Modification of certain redundancy payments provisions

3.  In relation to any person to whom this Order applies, the provisions of the 1996 Act mentioned in Part I of Schedule 2 to this Order shall, for the purposes of determining that person’s entitlement to a redundancy payment under the 1996 Act and the amount of such payment, have effect subject to the modifications specified in that Part.

Revocation

4.  The Orders specified in Schedule 3 to this Order are revoked.

Transitional, supplementary and incidental provisions

5.—(1) In relation to a person to whom this Order applies—

(a) any reference to the 1996 Act in any enactment shall have effect as a reference to that Act as modified by this Order; and

(b) any document which refers, whether specifically or by means of a general description, to the 1996 Act shall, except so far as the context otherwise requires, be construed as referring to that Act as modified by this Order.

(2) Where a period of employment of a person to whom this Order applies falls to be calculated in accordance with the provisions of the 1996 Act as modified by this Order, the provisions of this Order shall have effect in relation to that calculation whether the period in question falls wholly or partly before or wholly after this Order comes into force.

(3) Notwithstanding the revocation by article 4 above of the Orders specified in Schedule 3 to this Order, in relation to determining any person’s entitlement to a redundancy payment following an event which occurred before the date on which this Order comes into force (or, in the case of a person such as is referred to in paragraph (4) of article 1, before the date referred to in that paragraph), and which would have been a relevant event if it had occurred on or after that date, the 1983 Order shall continue to have effect as it had effect on the date of that event.

Alan Johnson

Minister for Competitiveness,

Department of Trade and Industry

11th August 1999