The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999

• Citation: S.I. 1999/2277
• Sections: 371

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 and shall come into force on 1st September 1999.

(2) In this Order—

(a) “the 1983 Order” means the Redundancy Payments (Local Government) (Modification) Order 1983 ;

(b) “the 1972 Act” means the Local Government Act 1972 ;

(c) “the 1978 Act” means the Employment Protection (Consolidation) Act 1978 ;

(d) “the 1980 Act” means the Education (Scotland) Act 1980 ;

(e) “the 1985 Act” means the Local Government Act 1985 ;

(f) “the 1988 Act” means the Education Reform Act 1988 ;

(g) “the 1992 Act” means the Further and Higher Education Act 1992 ;

(h) “the 1994 Act” means the Local Government etc. (Scotland) Act 1994 ;

(i) “the 1996 Act” means the Employment Rights Act 1996;

(j) “the 1998 Act” means the School Standards and Framework Act 1998 ;

(k) “the Education Act” means the Education Act 1996 .

(3) Subject to paragraph (4) below, in this Order “relevant event” in relation to a person means any event occurring on or after the day on which this Order comes into force on the happening of which that person may become entitled to a redundancy payment in accordance with the 1996 Act.

(4) Where an event has occurred on or after 21st June 1998 but before the day on which this Order comes into force, on the happening of which a person employed immediately before that event by the English Sports Council may have become entitled to a redundancy payment in accordance with the 1996 Act, “relevant event” in this Order includes that event in relation to that person.

Section 2 Application of this Order

(1) This Order applies to any person who immediately before the occurrence of a relevant event is employed by an employer specified in Schedule 1 to this Order.

(2) Where a person commenced employment with a Further Education Funding Council established by section 1 of the 1992 Act before 1st April 1996 and left that employment either—

(a) before that date, or

(b) by reason of a relevant event after the date on which this Order comes into force,

this Order applies to that person as if that Council were specified in Schedule 1 to this Order.

Section 3 Modification of certain redundancy payments provisions

In relation to any person to whom this Order applies, the provisions of the 1996 Act mentioned in Part I of Schedule 2 to this Order shall, for the purposes of determining that person’s entitlement to a redundancy payment under the 1996 Act and the amount of such payment, have effect subject to the modifications specified in that Part.

Section 4 Revocation

The Orders specified in Schedule 3 to this Order are revoked.

Section 5 Transitional, supplementary and incidental provisions

(1) In relation to a person to whom this Order applies—

(a) any reference to the 1996 Act in any enactment shall have effect as a reference to that Act as modified by this Order; and

(b) any document which refers, whether specifically or by means of a general description, to the 1996 Act shall, except so far as the context otherwise requires, be construed as referring to that Act as modified by this Order.

(2) Where a period of employment of a person to whom this Order applies falls to be calculated in accordance with the provisions of the 1996 Act as modified by this Order, the provisions of this Order shall have effect in relation to that calculation whether the period in question falls wholly or partly before or wholly after this Order comes into force.

(3) Notwithstanding the revocation by article 4 above of the Orders specified in Schedule 3 to this Order, in relation to determining any person’s entitlement to a redundancy payment following an event which occurred before the date on which this Order comes into force (or, in the case of a person such as is referred to in paragraph (4) of article 1, before the date referred to in that paragraph), and which would have been a relevant event if it had occurred on or after that date, the 1983 Order shall continue to have effect as it had effect on the date of that event.

Section 1

In relation to England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council, established under section 20 of the 1972 Act .

Section 1

One North East.

Section 1

The governing body of a further education establishment for the time being mainly dependent for its maintenance on assistance from local authorities (within the meaning of the Education Act) , or grants under section 485 of the Education Act or on such assistance and grants taken together.

Section 1

Argyll & Bute Careers Partnership Limited.

Section 1

A Passenger Transport Executive established under section 9(1) of the Transport Act 1968 .

Section 1

A fire authority constituted by a combination scheme made under the Fire Services Act 1947 .

Section 1

The English Sports Council.

Section 1

Coverage Care Limited.

Section 1

The Board of Governors of the Museum of London.

Section 1

A valuation tribunal in Wales established under the Local Government Finance Act 1988.

Section 1A

A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

Section 1A

Forfarshire Society for the Blind.

Section 1B

A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 which is a fire and rescue authority for the purposes of the Fire and Rescue Services Act 2004 in relation to persons deployed wholly or partly in relation to the combined authority’s fire and rescue functions.

Section 1B

Harlow Welfare Rights & Advice.

Section 1C

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

Section 1ZA

Essex Cares Limited.

Section 1ZB

Essex Community Support Limited.

Section 1ZC

Essex Employment and Inclusion Limited.

Section 1ZD

Essex Equipment Services Limited.

Section 2

A council constituted under section 2 of the 1994 Act.

Section 2

Yorkshire Forward.

Section 2

The governing body of an aided school within the meaning of the Education Act.

Section 2

Calderdale and Kirklees Careers Service Partnership Limited.

Section 2

A metropolitan county passenger transport authority established by section 28 of the 1985 Act.

Section 2

A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.

Section 2

The Scottish Sports Council.

Section 2

The Humberside Independent Care Association.

Section 2

The Board of Trustees of The National Museums and Galleries on Merseyside.

Section 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2A

A chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011.

Section 2A

New Charter Building Company Limited.

Section 2B

The Commissioner of Police of the Metropolis established under section 4 of the Police Reform and Social Responsibility Act 2011.

Section 2B

New Charter Housing Trust Limited

Section 3

In relation to England, a parish council, a common parish council, a parish meeting; in relation to Wales, a community council, a common community council.

Section 3

North West Development Agency (NWDA).

Section 3

The governing body of a foundation school, voluntary aided school or foundation special school within the meaning of the 1998 Act.

Section 3

Cambridgeshire Careers Guidance Limited.

Section 3

The Forth Road Bridge Joint Board.

Section 3

A metropolitan county fire and civil defence authority established by section 26 of the 1985 Act.

Section 3

The Sports Council for Wales.

Section 3

Quantum Care Limited.

Section 3

Coventry Museum of British Road Transport.

Section 3

An area tourist board established by virtue of an order made under section 172, 173 or 174 of the 1994 Act.

Section 4

Any authority established by an order under section 10 of the 1985 Act.

Section 4

Advantage West Midlands.