The Redundancy Payments (Exemption) (No. 1) Order 1970

• Citation: S.I. 1970/354
• Sections: 8

Section 1 Citation and commencement

This Order may be cited as the Redundancy Payments (Exemption) (No. 1) Order 1970 and shall come into operation on 31st March 1970.

Section 2 Interpretation

(1) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

(2) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

“ the Act ” means the Redundancy Payments Act 1965;

“ employee ” has the same meaning as in section 25(1) of the Act and cognate expressions shall be construed accordingly;

“ Electricity Board ” means the Electricity Council, the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board, the Central Electricity Generating Board, or an Area Electricity Board and shall, as the case may require, include their predecessors.

“ The exempted agreement ” means the agreement set out in the Schedule hereto.

Section 3 Exemption of Electricity Board employees

Section 1 of the Act shall not apply to any person in respect of his employment with an Electricity Board, being an employment to which the exempted agreement applies.

Section 1

The Electricity Boards and the Unions shall apply to the First Secretary of State being the Minister now responsible for the administration of the Redundancy Payments Act for an Order to be made under section 11 of the Redundancy Payments Act 1965 in respect of this Agreement that section 1 of the Act shall not apply to any person in respect of his employment with an Electricity Board, being an employment to which this Agreement applies.

Section 2

The Electricity Boards and the Unions agree that Electricity Board employees shall have a right to payments on the termination of their contract of employment for reasons of redundancy on terms and provisions which subject to this clause are not less favourable than those laid down in the Redundancy Payments Act 1965 or any statutory modification thereof and although the Electricity Boards are not “associated companies” as defined in section 48 of the Redundancy Payments Act 1965 continuity of employment shall not have been or be broken where an employee has been or is during his employment with an Electricity Board transferred to another Electricity Board for any reason and re-engagement made by an Electricity Board or an offer of employment by an Electricity Board shall be treated as if the re-engagement or offer was made by an associated company as defined under section 48 of the Act but subject to the provisions of section 24 of the Redundancy Payments Act 1965 in the case of an employee to whom a previous redundancy payment has been paid and the provisions of this paragraph shall apply to every employee in whatever capacity he may have been or be employed by an Electricity Board immediately before or after the date of his transfer from one Electricity Board to another.

Section 3

The Electricity Boards and the Unions are willing to submit to such a tribunal as is referred to in section 9 of the Redundancy Payments Act 1965 any question arising under this Agreement as to the right of an employee to a payment on the termination of his employment or as to the amount of such a payment as if the payment were a redundancy payment and the question arose under Part I of the Redundancy Payments Act 1965.

Section 4

In order that all employees shall enjoy the advantages of this Agreement this Agreement shall form part of the contract of employment of each individual employee and this Agreement shall be incorporated into each individual contract of employment either specifically or by setting out this Agreement in a handbook which the individual contracts of employment will incorporate by reference.

Section 5

Clauses 2 to 4 of this Agreement shall commence on the date of the coming into operation of the exemption order under section 11 of the Redundancy Payments Act 1965 for which application is to be made to the First Secretary of State in accordance with Clause 1 of this Agreement.

AS WITNESS the hands of Howard Sallis and Walter John Cyril Biggin, the Joint Secretaries of the National Joint Industrial Council, the said Howard Sallis and Harry Job Owen Weaver, the Joint Secretaries of the National Joint (Building and Civil Engineering) Committee, Wilfred James Browning and Thomas George Allcock, the Joint Secretaries of the National Joint Board, William George Frederick John and Philip Henry Rowley, the Joint Secretaries of the National Joint Council and the said William George Frederick John and the said Thomas George Allcock, the Joint Secretaries of the National Joint Managerial and Higher Executive Grades Committee the day and year first before written.