The Devon County Council (City of Plymouth and Borough of Torbay) (Staff Transfer) Order 1998

• Citation: S.I. 1998/451
• Sections: 3

Section 1 Citation, commencement and application

(1) This Order may be cited as the Devon County Council (City of Plymouth and Borough of Torbay) (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.

(2) This Order make provisions which are consequential on or supplementary to, the Devon (City of Plymouth and Borough of Torbay) (Structural Change) Order 1996 .

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 Devon County Council (City of Plymouth and Borough of Torbay) (Staff Transfer) Order 1998 Designated List” which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with the Plymouth City Council, one with the Torbay Borough Council, one with the Devon County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;

“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 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 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 1998 (“the reorganisation date”) is employed by the Devon County Council;

(b) whose employment would continue but for the transfer of functions to the Councils of the City of Plymouth and the Borough of Torbay;

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

(d) whose name is not mentioned in the Schedule to this Order.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I or Part II of the designated list, as if originally made between that employee and the city or borough council mentioned at the head of that section.

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