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Statutory Instruments

1993 No. 784

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1993

Made

15th March 1993

Coming into force

1st April 1993

Whereas a draft of the following Order was laid before Parliament in accordance with section 149(4) of the Employment Protection (Consolidation) Act 1978(1) ("the 1978 Act") and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State in exercise of the powers conferred on her by section 149(1)(b) and section 154(3) and (4) of the 1978 Act and of all other powers enabling her in that behalf hereby makes the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1993 and shall come into force on 1st April 1993.

(2) In this Order the "principal Order" means the Redundancy Payments (Local Government) (Modification) Order 1983(2).

Amendments to the principal Order

2. The principal Order shall be amended as follows:-

(a)In Article 1(2)(a) after the seventh reference to "the 1978 Act" add- "or, in relation to any person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1993, any event occurring on or after the coming into force of that Order on the happening of which an employee may become entitled to a redundancy payment in accordance with the provisions of the 1978 Act".

(b)In article 4(3) after "paragraph (4) (5) (6)" delete "(7) and (8)" and substitute "(7), (8), (9) and (10)".

(c)In Article 4 delete the second reference to "(8)" and substitute "(9)".

(d)After the second Article 4(8) add-

"(10) Where a period of employment of a person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1993 falls to be computed in accordance with the provisions of the 1978 Act as modified by this Order, the provisions of this Order shall have effect in relation to any period whether falling wholly or partly before or after the coming into force of that Order".

(e)In Schedule 1 delete-

"86. The General Teaching Council for Scotland, established under the Teaching Council (Scotland) Act 1965(3).

87. Scottish Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990(4).

88. The Local Government Management Board."

(f)In Schedule 1 after entry 88 add-

"90. The Humberside Independent Care Association.

91. Quantum Care Limited.

92. A Further Education Funding Council established by section 1 of the Further and Higher Education Act 1992(5).

93. Further Education Corporations established under section 15 or 16 of the Further and Higher Education Act 1992 or in respect of which an order has been made under section 47 of that Act.

94. The governing body of an institution which is a designated institution for the purposes of Part 1 of the Further and Higher Education Act 1992 or in the case of such an institution conducted by a company, that company.

95. The Board of Management of a College of Further Education, which is managed by such a Board in terms of Part 1 of the Further and Higher Education (Scotland) Act 1992(6).

96. The governing body of a designated institution within the meaning of section 44(2) of the Further and Higher Education (Scotland) Act 1992."

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State,

Department of Employment

15th March 1993

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st April 1993, amends the Redundancy Payments (Local Government) (Modification) Order 1983 as amended by the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1985, the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988, the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1989, the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1990, the Education (Reorganisation in Inner London) (Redundancy Payments) (Amendment) Order 1990 and the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1991. Those Orders modified certain redundancy payments provisions of the Employment Protection (Consolidation) Act 1978 in their application to persons employed in relevant local government service so that their employment in the service is to be treated as if it were continuous for the purposes of those provisions. This Order adds to the list of employers to whose employees the 1983 Order as amended applies.


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URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_1993784_en.html