OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

Part II of the Local Government Act 1992 makes provision for changes to local government in England. Where recommendations for change are made by the Local Government Commission for England, the Secretary of State may make an order giving effect to them with or without modifications. These Regulations make incidental, consequential, transitional and supplementary provisions of general application in relation to staff matters for the purposes of an in consequence of such orders.

Regulation 3 provides that employees whose employment is transferred from an abolished authority or a transferor authority to a new employer are entitled to count the former employment and the new employment as a period of continuous employment.

Regulation 4 provides that any rights, powers, duties and liabilities of an abolished authority or a transferor authority in respect of a contract of employment of a transferred employee become rights, powers, duties etc of the new employer.

Regulation 5 provides that staff who are not transferred either by a staff transfer order made under the 1992 Act, or in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981, and whose employment would have continued but for the winding up and abolition of the employing authority are entitled to treat themselves for the purposes of Part VI of the Employment Protection (Consolidation) Act 1978 and any regulations made under section 24 of the Superannuation Act 1972, as having been dismissed on grounds of redundancy.

Regulation 6 ensures that elected members of a continuing or shadow authority who on reorganisation are employed by the successor authority are not disqualified from continuing in employment with the successor authority by virtue of section 116 of the Local Government Act 1972.

Regulation 7 requires that all new Chief Officer posts are filled by open competition by disapplying certain parts of the Local Authorities (Standing Orders) Regulations 1993.

Separate regulations will deal with compensation for staff.