The Durham County Council (Borough of Darlington) (Staff Transfer) Order 1997

• Citation: S.I. 1997/460
• Sections: 3

Section 1 Citation, commencement and application

(1) This Order may be cited as the the Durham County Council (Borough of Darlington) (Staff Transfer) Order 1997 and shall come into force on 1st April 1997.

(2) This Order makes provisions which are consequential or supplementary to the Durham (Borough of Darlington) (Structural Change) Order 1995 .

Section 2 Interpretation

In this Order

“contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;

“designated list” means the list marked “The Durham County Council (Borough of Darlington) (Staff Transfer) Order 1997 Designated List” which is signed by the Secretary of State for the Environment, one copy of which is deposited with the Darlington Borough Council, one with the Durham County Council and one in the offices of the Secretary of State for the Environment;

“employee” means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996 ) of less than two years.

Section 3 Transfer of staff

(1) This article shall apply to any employee (a “designated employee”)—

(a) who immediately before 1st April 1997 (“the reorganisation date”) was employed by the Durham County Council;

(b) whose employment would continue but for the transfer of functions to the Borough of Darlington; and

(c) whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the Darlington Borough Council.

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