The North East Lincolnshire District Council (Staff Transfer) Order 1996 No. 386

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Statutory Instruments

1996 No. 386

LOCAL GOVERNMENT, ENGLAND AND WALES

The North East Lincolnshire District Council (Staff Transfer) Order 1996

Made

21st February 1996

Laid before Parliament

1st March 1996

Coming into Force

1st April 1996

The Secretary of State, in exercise of his powers under section 17(1) and 26(5)(b) of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:-

Citation, Commencement and Application

1.-(1) This Order may be cited as the North East Lincolnshire District Council (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.

(2) This Order makes provisions which are consequential or supplementary to the Humberside (Structural Change) Order 1995(2).

Interpretation

2. 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 North East Lincolnshire District Council (Staff Transfer) Order 1996 Designated List" which is signed by the Secretary of State for the Environment, one copy of which is deposited with the North East Lincolnshire District Council and one in the offices of the Secretary of State for the Environment;

"employee" means a person employed under a contract of employment.

Transfer of Staff

3.-(1) This article shall apply to any employee (a "designated employee")-

(a)who immediately before 1st April 1996 ("the reorganisation date") was employed by the Cleethorpes Borough Council or the Great Grimsby Borough Council;

(b)whose employment would continue but for the abolition of those two councils; and

(c)whose name 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of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the North East Lincolnshire District Council.

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

Signed by authority of the Secretary of State

Paul Beresford,

Parliamentary Under Secretary of State

Department of the Environment

21st February 1996

Explanatory Note

(This note is not part of the Order)

This Order is supplemental to the Humberside (Structural Change) Order 1995 which alters the structure of local government in the county of Humberside. This Order specifies the staff employed by the Cleethorpes or Great Grimsby Borough Councils whose employment is to be transferred to the North East Lincolnshire District Council.

(2)

S.I. 1995/600.

(3)

S.I. 1981/1974 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c. 19.


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URL: http://www.bailii.org/uk/legis/num_reg/1996/uksi_1996386_en.html