The Local Government (Compensation for Redundancy) (Amendment) Regulations 1997

Statutory Instruments

1997 No. 2059

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Compensation for Redundancy) (Amendment) Regulations 1997

Made

26th August 1997

Laid before Parliament

2nd September 1997

Coming into force

23rd September 1997

The Secretary of State for the Environment, in exercise of the powers conferred on him by section 24 of the Superannuation Act 1972(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Local Government (Compensation for Redundancy) (Amendment) Regulations 1997 and shall come into force on 23rd September 1997.

(2) In these Regulations “the 1994 Regulations” means the Local Government (Compensation for Redundancy) Regulations 1994(2).

Amendments to the 1994 Regulations

2.  The 1994 Regulations are amended—

(a) in regulation 2—

(i) by inserting before the definition of “continuous employment” the following—

““a combined fire authority” means a fire authority constituted by a combination scheme made under the Fire Services Act 1947(3) for a combined area in England which comprises the areas of two or more authorities in respect of whom a relevant order is made.”;

(ii) in the definition of “prescribed period” by substituting for the words “the order under section 17 of the Local Government Act 1992” the words “the relevant order”;

(iii) by substituting for the definition of “relevant body” the following—

• ““relevant body” means—

  (a)

  in England, an authority in respect of whom a relevant order is made or a combined fire authority; and

  (b)

  in Wales, a body referred to in section 43(1)(a) of the Local Government (Wales) Act 1994(4) and, for the purposes of this definition, a National Park authority in Wales and the fire authorities constituted under the North Wales Fire Services (Combination Scheme) Order 1995(5), the Mid and West Wales Fire Services (Combination Scheme) Order 1995(6) and the South Wales Fire Services (Combination Scheme) Order 1995(7) shall be treated as if they were a body referred to in that section.”;

(iv) by inserting after the definition of “relevant disqualification” the following definition—

• ““relevant order” means—

  (a)

  in relation to a combined fire authority, the order under section 17 of the Local Government Act 1992(8)which affects the councils the combined areas of which comprise the fire authority area for that combined fire authority, and

  (b)

  in relation to any other relevant body in England, the order under section 17 of that Act which affects the structure or area of that body;”;

(b) in regulation 6(4)(b)(9), by inserting after the words “under section 39 of that Act” the words “or a fire authority”; and

(c) in regulation 7(10)—

(i) by inserting at the beginning of paragraph (3) the words “Subject to paragraph (4)”; and

(ii) by adding the following paragraph—

“(4) Paragraph (3) shall not apply where the successor relevant body is a fire authority.”.

Transitional provisions

3.  Where—

(a) if these Regulations had come into force on 1st April 1996 a fire authority would have been able to make a determination in respect of a person under regulation 7 of the 1994 Regulations,

(b) and they give notice of a determination in respect of such a person within six months after the date that these Regulations come into force,

the determination shall have effect as if these Regulations had come into operation on 1st April 1996 and the determination had been made within six months after the material date (as defined in the 1994 Regulations) in respect of that person.

Signed by authority of the Secretary of State

Michael Meacher

Minister of State,

Department of the Environment, Transport and the Regions

26th August 1997

Explanatory Note

(This note is not part of these Regulations)

These Regulations amend the Local Government (Compensation for Redundancy) Regulations 1994 to include fire authorities in England and Wales constituted as a result of local government reorganisation as relevant bodies for the purposes of Part III of those Regulations.

(1)

1972 c. 11.

(2)

S.I. 1994/3025; amended by S.I. 1996/456, 1680.

(3)

1947 c. 41. (10 and 11 Geo. 6 c. 41); sections 5 and 6 were amended by the Local Government Act 1972 (c. 70), section 197(1) and Schedule 30 respectively and section 6 was further amended by the Local Government Act 1992 (c. 19), Schedule 3, paragraph 1.

(4)

1994 c. 19.

(5)

S.I. 1995/3218.

(6)

S.I. 1995/3229.

(7)

S.I. 1995/3230.

(8)

1992 c. 19.

(9)

Regulation 6 of the 1994 Regulations was substituted by S.I. 1996/456.

(10)

Regulation 7 of the 1994 Regulations was substituted by S.I. 1996/456.