The Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) (Amendment) Order 2003

Amendment of the principal Order

2.—(1) The principal Order is amended in accordance with the following paragraphs of this article.

(2) In article 2 (interpretation) insert the following definition at the appropriate place:

• ““transferring employee” (cyflogai sy'n trosglwyddo) means a person

  (a)

  whose contract of employment with a county council or county borough council in Wales or a police authority for a police area in Wales has not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise);

  (b)

  whose work under that contract involved the performance of functions of a Welsh health authority before the transfer date; and

  (c)

  who has been offered and has accepted before the transfer date employment with the National Assembly for Wales.”.

(3) After article 4 (transfer of relevant employees to the National Assembly for Wales), add the following article —

“Continuity of employment of transferring employees

4A.   Where a transferring employee commences employment with the National Assembly for Wales on the transfer date the period of employment with his or her employer immediately before the transfer date shall —

(a) count as a period of employment with the National Assembly for Wales, and

(b) be treated as continuous employment with the National Assembly for Wales for the purposes of section 218(3) of the Employment Rights Act 1996.”.