The New Forest National Park Authority (Establishment) Order 2005

Article 14

SCHEDULE 2 TRANSFER OF STAFF

Interpretation

1.  In this Schedule—

“contract of employment” means any agreement between an employee and his employer determining the terms and conditions of his employment;

“employee” means any individual who works for another person under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services;

“list of staff” has the meaning given by paragraph 2(1); and

“transfer date” has the meaning given in paragraph 2(1)(b).

List of staff

2.—(1) In this Schedule, “list of staff” means a list marked with the words “The New Forest National Park Authority-List of Staff ” which—

(a) includes a list of persons to be transferred to the Authority;

(b) includes the date on which those persons are to be transferred to the Authority (“the transfer date”) provided that such date shall be within the transitional period; and

(c) is signed by the Secretary of State.

(2) A copy of every list of staff shall be deposited with the Authority and with each New Forest local authority.

Transfer of staff

3.—(1) This paragraph applies to any person—

(a) whose name is included in a list of staff; and

(b) who, immediately before the transfer date included in that list of staff, was employed by a New Forest local authority under a contract of employment.

(2) The contract of employment of a person to whom this paragraph applies shall not be terminated on the transfer date but shall have effect as if originally made between that person and the Authority.

(3) This paragraph is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981(1).

(1)

S.I 1981/1794, amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19) and S.I. 1995/2587; there are other amending instruments but none is directly relevant to this Order.