Citation, commencement and interpretation

1.-(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(2);

(b)"the 1972 Act" means the Local Government Act 1972(3);

(c)"the 1978 Act" means the Employment Protection (Consolidation) Act 1978(4);

(d)"the 1980 Act" means the Education (Scotland) Act 1980(5);

(e)"the 1985 Act" means the Local Government Act 1985(6);

(f)"the 1988 Act" means the Education Reform Act 1988(7);

(g)"the 1992 Act" means the Further and Higher Education Act 1992(8);

(h)"the 1994 Act" means the Local Government etc. (Scotland) Act 1994(9);

(i)"the 1996 Act" means the Employment Rights Act 1996;

(j)"the 1998 Act" means the School Standards and Framework Act 1998(10);

(k)"the Education Act" means the Education Act 1996(11).

(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.

Application of this Order

2.-(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.

Modification of certain redundancy payments provisions

3. 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.

Revocation

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

Transitional, supplementary and incidental provisions

5.-(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.

Article 2

SCHEDULE 1EMPLOYMENT TO WHICH THIS ORDER APPLIES: EMPLOYERS IMMEDIATELY BEFORE THE RELEVANT EVENT

Section 1-Local government

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(12).

2. A council constituted under section 2 of the 1994 Act.

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.

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

5. A joint board or joint body constituted by or under any enactment for the purposes of exercising the functions of two or more bodies described in any of paragraphs 1 to 4 above.

6. Any other authority or body, not specified in any of paragraphs 1 to 4 above, established by or under any enactment for the purpose of exercising the functions of, or advising, one or more of the bodies specified in paragraphs 1 to 4 above.

7. Any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of, or advising, one or more of the bodies specified in any of paragraphs 1 to 6 above.

8. Any two or more bodies described in any of paragraphs 1 to 7 above acting jointly or as a combined authority.

9. Any association which is representative of any two or more authorities described in any of paragraphs 1 to 4 above.

10. Any committee established by one or more of the associations described in paragraph 9 above for the purpose of exercising the functions of, or advising, one or more of such associations.

11. An association which is representative of one or more of the associations described in paragraph 9 above and of another body or other bodies, and included in whose objects is the assembling and dissemination of information and advising with regard to conditions of service in local government service and generally.

12. An organisation which is representative of an association or associations described in paragraph 9 above and employees' organisations and among whose objects is the negotiation of pay and conditions of service in local government service.

13. A National Park authority established under section 63 of the Environment Act 1995(13).

14. A residuary body established by section 57(1)(b) of the 1985 Act.

15. The Residuary Body for Wales (Corff Gweddilliol Cymru).

16. The Accounts Commission for Scotland.

17. The Commission for Local Administration in England.

18. The Commission for Local Administration in Wales.

19. The Commission for Local Administration in Scotland.

20. The Local Government Management Board.

21. Employers Organisation for Local Government.

22. Improvement and Development Agency for Local Government.

Section 2-Planning and development

1. One North East.

2. Yorkshire Forward.

3. North West Development Agency (NWDA).

4. Advantage West Midlands.

5. East Midlands Development Agency (EMDA).

6. East of England Development Agency (EEDA).

7. South East of England Development Agency (SEEDA).

8. South West of England Development Agency (SWERDA).

9. A development corporation within the meaning of the New Towns Act 1981(14).

10. An Urban Development Corporation established under section 135 of the Local Government Planning and Land Act 1980(15).

11. A housing action trust established under Part III of the Housing Act 1988(16).

12. The Broads Authority, established under the Norfolk and Suffolk Broads Act 1988(17).

13. The Commission for the New Towns.

14. The Countryside Commission for Scotland.

15. The Development Board for Rural Wales.

16. The Edinburgh New Town Conservation Committee.

17. The Housing Corporation.

18. Huddersfield Pride Limited.

19. Scottish Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990(18).

20. Scottish Homes, established under the Housing (Scotland) Act 1988(19).

21. Springfield Horseshoe Housing Management Co-operative Limited.

22. Housing for Wales (Tai Cymru).

23. The Welsh Development Agency.

24. Batley Action Limited.

25. Bethnal Green City Challenge Company Limited.

26. The Blackburn City Challenge Partnership Board.

27. Bolton City Challenge Partnership Limited.

28. Bradford City Challenge Limited.

29. Brixton Challenge Company Limited.

30. Community North (Sunderland) Limited.

31. Dalston City Partnership Limited.

32. Deptford City Challenge Limited.

33. Derby Pride Limited.

34. Douglas Valley Partnership Limited.

35. Harlesden City Challenge Limited.

36. Hulme Regeneration Limited.

37. Leicester City Challenge Limited.

38. Newcastle West End Partnership Limited.

39. Newtown South Aston City Challenge Limited.

40. North Kensington City Challenge Company Limited.

41. North Tyneside City Challenge Partnership Limited.

42. Stratford Development Partnership Limited.

43. Wolverhampton City Challenge Limited.

44. The Urban Regeneration Agency established under Part III of the Leasehold Reform, Housing and Urban Development Act 1993(20).

Section 3-Education

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

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

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

4. The managers of a grant-aided school as defined in section 135(1) of the 1980 Act.

5. The governing body of a central institution as defined in section 135(1) of the 1980 Act other than a college of agriculture.

6. The governing body of a College of Education as defined in section 135(1) of the 1980 Act.

7. The managers, other than a local authority, of a school which before any direction made by the Secretary of State under paragraph 2(1) of Schedule 7 to the Social Work (Scotland) Act 1968(21) was a school which immediately before the commencement of Part III of that Act was approved under section 83 of the Children and Young Persons (Scotland) Act 1937(22) if the employee was employed by those managers at the date the direction became effective.

8. A person carrying on a city technology college or a city college for the technology of the arts established under an agreement with the Secretary of State under section 482 of the Education Act.

9. A company formed to manage a college of further education by virtue of section 65(1) of the Self-Governing Schools etc. (Scotland) Act 1989(23).

10. The board of management of a self-governing school as defined in section 80(1) of the Self-Governing Schools etc. (Scotland) Act 1989.

11. A further education corporation established under section 15 or 16 of the 1992 Act or in respect of which an order has been made under section 47 of that Act.

12. The governing body of an institution which is a designated institution for the purposes of Part I of the 1992 Act or, in the case of such an institution conducted by a company, that company.

13. The board of management of a college of further education, established under Part I of the Further and Higher Education (Scotland) Act 1992(24).

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

15. A higher education corporation established under section 121 or 122 of the 1988 Act or in respect of which an order has been made under section 122A of that Act.

16. The governing body of an institution designated under section 129 of the 1988 Act or, in the case of such an institution conducted by a company, that company.

17. An Education Action Forum established under sections 10 and 11 of the 1998 Act.

18. The governing body of a grant-maintained school.

19. The governing body of a grant-maintained special school.

20. The Central Council for Education and Training in Social Work.

21. The Centre for Information on Language Teaching and Research.

22. Cwmni Cynnal.

23. The General Teaching Council for Scotland, established under the Teaching Council (Scotland) Act 1965(25).

24. The National Institute of Adult Continuing Education (England and Wales).

25. Newbattle Abbey College.

26. The Scottish Community Education Council.

27. Scottish Consultative Council on the Curriculum.

28. The Scottish Council for Educational Technology.

29. The Scottish Council for Research in Education.

30. The Scottish Examination Board.

31. The Scottish Vocational Education Council.

Section 4-Careers guidance

1. Argyll & Bute Careers Partnership Limited.

2. Calderdale and Kirklees Careers Service Partnership Limited.

3. Cambridgeshire Careers Guidance Limited.

4. Capital Careers Limited.

5. Career Connections Limited.

6. Career Decisions Limited.

7. Career Development Edinburgh and Lothians.

8. Career Path (Northamptonshire) Limited.

9. Careerpaths (Cardiff and Vale) Limited.

10. Careers and Education Business Partnership.

11. Careers Central Limited.

12. Careers Partnership Limited.

13. Careers Service Lancashire Area West Limited.

14. Central Careers Limited.

15. Cornwall and Devon Careers Limited.

16. Derbyshire Careers Service Limited.

17. East Lancashire Careers Services Limited.

18. Education Business Partnership (Wigan) Limited.

19. Essex Careers and Business Partnership Limited.

20. Future Steps Limited.

21. Futures Careers Limited.

22. Grampian Careers.

23. Guidance Enterprises Group Limited.

24. GuideLine Career Services Limited.

25. Gwent Careers Service Partnership Limited.

26. Hereford and Worcester Careers Service Limited.

27. Hertfordshire Careers Services Limited.

28. Highland Careers Services Limited.

29. The Humberside Partnership.

30. Learning Partnership West.

31. Leeds Careers Guidance.

32. Leicestershire Careers and Guidance Services Limited.

33. Lifetime Careers Barnsley, Doncaster and Rotherham Limited.

34. Lifetime Careers Bolton, Bury and Rochdale Limited.

35. Lifetime Careers Brent and Harrow Limited.

36. Lifetime Careers Stockport and High Peak Limited.

37. Lifetime Careers Wiltshire Limited.

38. Lincolnshire Careers and Guidance Services Limited.

39. Mid Glamorgan Careers Limited.

40. Norfolk Careers Services Limited.

41. North East Wales Careers Service Company Limited.

42. Orkney Opportunities Centre.

43. Prospects Careers Services Limited.

44. Quality Careers Services Limited.

45. St Helens Careers Service Limited.

46. Sheffield Careers Guidance Services.

47. Shropshire Careers Service Limited.

48. Suffolk Careers Limited.

49. Tayside Careers Limited.

50. West Glamorgan Careers and Education Business Company Limited.

Section 5-Public transport

1. A Passenger Transport Executive established under section 9(1) of the Transport Act 1968(26).

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

3. The Forth Road Bridge Joint Board.

4. The Tay Road Bridge Joint Board.

Section 6-Police, fire and civil defence

1. A fire authority constituted by a combination scheme made under the Fire Services Act 1947(27).

2. A police authority, other than the Secretary of State, within the meaning of the Police Act 1996(28).

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

4. The London Fire and Civil Defence Authority.

Section 7-Sports Councils

1. The English Sports Council.

2. The Scottish Sports Council.

3. The Sports Council for Wales.

4. The United Kingdom Sports Council.

Section 8-Social services

1. Coverage Care Limited.

2. The Humberside Independent Care Association.

3. Quantum Care Limited.

4. Sandwell Community Caring Trust Limited.

5. Waltham Forest Specialist Housing Consortium Limited.

6. The Wrekin Housing Trust Limited.

Section 9-Museums

1. The Board of Governors of the Museum of London.

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

3. Coventry Museum of British Road Transport.

4. The Geffrye Museum Trust.

5. The Horniman Public Museum and Public Park Trust.

6. National Coal Mining Museum for England Trust Limited.

7. The Scottish Museums Council.

Section 10-Miscellaneous bodies

1. A valuation tribunal established under the Local Government Finance Act 1988(29).

2. A new water and sewerage authority established under section 62(1) of the 1994 Act.

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

4. A probation committee within the meaning of the Probation Service Act 1993(30).

5. A magistrates' courts committee or the Committee of Magistrates for the Inner London Area, within the meaning of the Justices of the Peace Act 1979(31).

6. The Business Shop-Angus Limited.

7. C.I.P. (Hounslow) Limited.

8. Community Initiative Partnerships.

9. Derwentside Leisure Limited.

10. The Environment Agency.

11. Greenwich Leisure Limited.

12. Hounslow Cultural and Community Services.

13. Hounslow Sports and Recreation Services.

14. The Land Authority for Wales.

15. Leisure Tynedale.

16. The Lee Valley Regional Park Authority.

17. The London Pensions Fund Authority.

18. National Mobility Services Trust Limited.

19. New Park Village TMC Limited.

20. The Scottish Children's Reporter Administration established under section 128 of the 1994 Act.

21. The Scottish Environment Protection Agency.

22. The Scottish Water and Sewerage Customer Council.

23. The South Yorkshire Pensions Authority.

24. Strathclyde European Partnerships Limited.

25. West Lothian Leisure Limited.

Article 3

SCHEDULE 2

PART IMODIFICATIONS TO CERTAIN REDUNDANCY PAYMENTS PROVISIONS OF THE 1996 ACT

1. Section 146 of the 1996 Act shall have effect as if immediately after subsection (1) there were inserted-

2. Section 155 of the 1996 Act shall have effect as if-

for the words "continuously employed" there were substituted the words "employed in relevant service";

the provisions of that section modified as provided in sub-paragraph (a) were subsection (1) of that section; and

after that subsection there were inserted the following subsections-

3. Section 162 of the 1996 Act shall have effect as if-

for the words "continuously employed" in subsection (1)(a) there were substituted the words "employed in relevant service"; and

after subsection (1) there were inserted the following subsections-

PART IIEMPLOYERS WITH WHOM EMPLOYMENT MAY CONSTITUTE RELEVANT SERVICE

Section 1

Any employer specified in Schedule 1 to this Order whether or not in existence at the time of the relevant event.

Section 2-Local government

1. The Greater London Council.

2. The London Residuary Body established by section 57(1)(a) of the 1985 Act.

3. The council of an administrative county, county borough (other than one established under section 20 of the 1972 Act), metropolitan borough or county district.

4. A regional council, islands council or district council established by or under the Local Government (Scotland) Act 1973(32).

5. The council of a county, county of a city, large burgh, small burgh or district ceasing to exist after 15th May 1975.

6. Any joint board or joint body constituted by or under any enactment for the purpose of exercising the functions of two or more of the bodies described in any of paragraphs 1 to 5 above, and any special planning board within the meaning of paragraph 3 of Schedule 17 to the 1972 Act.

7. Any other body, not specified in any of paragraphs 1 to 6 above, established by or under any enactment for the purpose of exercising the functions of, or advising, one or more of the bodies specified in any of paragraphs 1 to 6 above.

8. Any committee (including a joint committee) established by or under any enactment for the purpose of exercising the functions of, or advising, one or more of the bodies described in any of paragraphs 1 to 6 above.

9. Any two or more bodies described in any of paragraphs 1 to 8 above acting jointly or as a combined authority.

10. Any association which was representative of any two or more bodies described in any of paragraphs 1 to 5 above.

11. Any committee established by one or more of the associations described in paragraph 10 above for the purpose of exercising the functions of, or advising, one or more of such associations.

12. An organisation which was representative of an association or associations described in paragraph 10 above and employees' organisations and among whose objects was to negotiate pay and conditions of service in local government service.

13. The council of a county or district in Wales ceasing to exist after 31st March 1996.

14. The Local Government Training Board.

Section 3-Planning and development

1. A development corporation within the meaning of the New Towns Act 1946(33) or the New Towns Act 1965(34).

2. A development corporation established under section 2 of the New Towns (Scotland) Act 1968(35).

3. The Scottish Development Agency.

4. The Scottish Special Housing Association.

5. The English Industrial Estates Corporation established by the Local Employment Act 1960(36).

Section 4-Education

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

2. The governing body of a grant-maintained school.

3. The governing body of a grant-maintained special school.

4. The proprietor (within the meaning of section 579(1) of the Education Act) of a school for the time being recognised as a grammar school for the purposes of regulation 4(1) of the Direct Grant Schools Regulations 1959(37), being a school in relation to which, before 1st January 1976, the Secretary of State was satisfied as mentioned in regulation 3(1) of the Direct Grant Grammar Schools (Cessation of Grant) Regulations 1975(38).

5. The proprietor (within the meaning of section 114(1) of the Education Act 1944(39)) of a school not falling within paragraph 1 of this section which throughout the period of employment was recognised as a grammar school or, as the case may be, as a direct grant grammar school for the purposes of regulation 4(1) of the Direct Grant Schools Regulations 1959, of Part IV of the Schools Grant Regulations 1951(40) or of Part IV of the Primary and Secondary Schools (Grant Conditions) Regulations 1945(41).

6. The managers of a school which during the period of employment was approved under section 83 of the Children and Young Persons (Scotland) Act 1937.

7. The managers of a school which during the period of employment was a grant-aided school within the meaning of section 143(1) of the Education (Scotland) Act 1946(42), section 145(22) of the Education (Scotland) Act 1962(43) or section 135(1) of the 1980 Act.

8. The managers of a school which during the period of employment was a school which, immediately before the commencement of Part III of the Social Work (Scotland) Act 1968, was approved under section 83 of the Children and Young Persons (Scotland) Act 1937(44).

9. An institution within the PCFC funding sector, within the meaning of section 132(6) of the 1988 Act.

10. The Further Education Staff College.

11. The Inner London Education Authority, known as the Inner London Interim Education Authority for a period prior to the abolition date as defined in section 1(2) of the 1985 Act.

12. The National Advisory Body for Public Sector Higher Education.

13. The Polytechnics and College Funding Council as established by section 132 of the 1988 Act.

14. The Scottish Association for National Certificates and Diplomas.

15. The Scottish Business Education Council.

16. The Scottish Council for Commercial, Administrative and Professional Education.

17. The Scottish Technical Education Council.

18. The Secretary of State for Defence in relation only to employees in schools administered by the Service Children's Education Authority.

19. The Secretary of State for Education and Employment, in relation only to teachers employed under contract in the European School established under Article 1 of the Statute of the European School(45) and in schools designated as European Schools under Article 1 of the Protocol to that Statute.

Section 5-Careers guidance

1. Black Country Careers Services Limited.

2. Buckinghamshire Careers Service Limited.

3. Kent Careers and Guidance Service Limited.

Section 6-Police

A previous police authority in relation to which Schedule 11 to the Police Act 1964(46) had effect or which was the police authority for an area or district which was before 1st April 1947 or after 31st March 1946 a separate police area or, in Scotland, a previous police authority for an area which was before 16th May 1975 a separate or combined police area.

Section 7-Sports Councils

The Sports Council.

Section 8-Social services

A person or body of persons responsible for the management of an assisted community home within the meaning of section 36 of the Children and Young Persons Act 1969(47) or of an approved institution within the meaning of section 46 of that Act.

Section 9-Miscellaneous

1. A regional water board established under section 5 of the Water (Scotland) Act 1967(48).

2. A river purification board established under section 2 of the Rivers (Prevention of Pollution) (Scotland) Act 1951(49).

3. A river purification board established under section 135 of the Local Government (Scotland) Act 1973(50).

4. A local valuation panel constituted under the Local Government Act 1948(51) or established under the General Rate Act 1967(52).

5. The Central Scotland Water Development Board.

6. The Scottish Industrial Estates Corporation (formerly the Industrial Estates Management Corporation for Scotland) established by section 8 of the Local Employment Act 1960(53).

7. The Small Industries Council for Rural Areas of Scotland, being a company which was dissolved by section 15(5) of the Scottish Development Agency Act 1975(54) and was until then registered under the Companies Acts from time to time in force.

8. The Welsh Industrial Estates Corporation (formerly the Industrial Estates Management Corporation for Wales) established by section 8 of the Local Employment Act 1960.

Article 4

SCHEDULE 3REVOCATIONS

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st September 1999, revokes the Redundancy Payments (Local Government) (Modification) Order 1983 and the subsequent orders which amended it, and consolidates their provisions, with further amendments, into a single order.

The Order modifies certain provisions of the Employment Rights Act 1996 concerning redundancy payments, in their application to persons employed by certain local government employers or other employers in related sectors. The modifications have the effect that the employment of such a person by more than one such employer may be treated as if it were continuous for the purposes of those provisions; and re-engagement of such a person, or an offer of re-engagement made to such a person, by any such employer is treated as if it were re-engagement, or as if the offer had been made, by that person's employer.

In addition to consolidating the provisions of the revoked orders with drafting amendments, the Order incorporates additions to and removals from the lists of employers concerned, arising from changes in the way local government services and services in the related sectors are provided and in the identities of the employers involved.