Care Standards Act 2000

Chapter I General

113 Default powers of appropriate Minister

(1) The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that the Commission or the English Council—

(a) has without reasonable excuse failed to discharge any of its functions; or

(b) in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by him under section 6(2) or 54(4) in relation to those functions.

(2) The powers conferred by this section are exercisable by the Assembly if it is satisfied that the Welsh Council—

(a) has without reasonable excuse failed to discharge any of its functions; or

(b) in discharging any of its functions, has without reasonable excuse failed to comply with any directions or guidance given by the Assembly under section 54(4) in relation to those functions.

(3) The appropriate Minister may—

(a) make an order declaring the authority in question to be in default; and

(b) direct the authority to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.

(4) If the authority fails to comply with the appropriate Minister’s direction under subsection (3), the appropriate Minister may—

(a) discharge the functions to which the direction relates himself; or

(b) make arrangements for any other person to discharge those functions on his behalf.

114 Schemes for the transfer of staff

(1) This section and the next apply to a scheme made under section 38, 70 or 79(3) for transferring eligible employees.

(2) Subject to those provisions, such a scheme may apply to all, or any description of, employees or to any individual employee.

(3) Such a scheme may be made by the appropriate Minister, and a recommendation may be made to Her Majesty in Council to make an Order containing such a scheme, only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.

115 Effect of schemes

(1) The contract of employment of an employee transferred under the scheme—

(a) is not terminated by the transfer; and

(b) has effect from the date of transfer as if originally made between the employee and the transferee.

(2) Where an employee is transferred under the scheme—

(a) all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer; and

(b) anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

• This subsection does not prejudice the generality of subsection (1).

(3) Subsections (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.

(4) Where an employee objects as mentioned in subsection (3), his contract of employment with the old employer is terminated immediately before the date of transfer; but he is not to be treated, for any purpose, as having been dismissed by that employer.

(5) This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.

• But no such right arises by reason only that, by virtue of this section, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

(6) In this section—

• “date of transfer” means the date of transfer determined under the scheme in relation to the employee;

• “transferee” means the new employer to whom the employee is or would be transferred under the scheme;

and expressions used in this section and in the provision under which the scheme is made have the same meaning as in that provision.

116 Minor and consequential amendments

Schedule 4 (which makes minor amendments and amendments consequential on the provisions of this Act) shall have effect.

117 Transitional provisions, savings and repeals

(1) Schedule 5 (which makes transitional and saving provision) shall have effect; but nothing in that Schedule shall be taken to prejudice the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in that Schedule.