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

• Citation: S.I. 1997/2059
• Sections: 3

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Amendments to the 1994 Regulations

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 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—

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

in Wales, a body referred to in section 43(1)(a) of the Local Government (Wales) Act 1994 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 , the Mid and West Wales Fire Services (Combination Scheme) Order 1995 and the South Wales Fire Services (Combination Scheme) Order 1995 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—

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

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) , by inserting after the words “under section 39 of that Act” the words “or a fire authority”; and

(c) in regulation 7 —

(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.

Section 3 Transitional provisions

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.