The Transfer of Undertakings (Protection of Employment) (Greater London Authority) Order 2000

Statutory Instruments

2000 No. 686

LONDON GOVERNMENT

The Transfer of Undertakings (Protection of Employment) (Greater London Authority) Order 2000

Made

9th March 2000

Laid before Parliament

10th March 2000

Coming into force

1st April 2000

The Secretary of State for the Environment, Transport and the Regions in exercise of the powers conferred by sections 405(2) and 406(1)(b) of the Greater London Authority Act 1999(1) hereby makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Undertakings (Protection of Employment) (Greater London Authority) Order 2000 and shall come into force on 1st April 2000.

(2) In this Order, any reference to a numbered section is to the section bearing that number in the Greater London Authority Act 1999, and a reference to “the 1981 Regulations” is to the Transfer of Undertakings (Protection of Employment) Regulations 1981(2).

Application of the 1981 regulations

2.  This Article applies where, by means of an order made under section 408 or a scheme made under section 409 (read, in either case, with section 410), rights and liabilities under a contract of employment are transferred from a body or person falling within subsection (3) of section 408 to a body or person falling within subsection (2) of that section.

3.—(1) Where Article 2 applies, the transfer of rights and liabilities shall, if the 1981 Regulations do not otherwise apply in relation to that transfer, be treated as taking place as part of a transfer to which the 1981 Regulations apply.

(2) For the purposes of paragraph (1) above the body or person falling within subsection (2) of section 408 to whom the rights and liabilities are transferred shall be treated as the transferee and the body or person falling within subsection (3) of section 408 from whom those rights and liabilities are transferred shall be treated as the transferor.

Keith Hill

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

9th March 2000

Explanatory Note

(This note is not part of the Order)

This Order applies the Transfer of Undertakings (Protection of Employment) Regulations 1981 to transfers of staff by means of transfer orders under section 408 or transfer schemes under section 409 of the Greater London Authority Act 1999. Those Regulations are applied only if they do not otherwise apply to such transfers.

(1)

1999 c. 29.

(2)

S.I. 1981/1794, amended by section 33 of the Trade Union Reform and Employment Rights Act 1993, S.I. 1987/442, S.I. 1995/2587, S.I. 1999/1925 and S.I. 1999/2402.