OpenLegislation

Regulation 133 Transfers under the Local Government etc. (Scotland) Act 1994 etc: early leaversI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where–

(a)

a person leaves an employment in relation to which he is an active member because he is transferred to another employment in the circumstances set out in paragraph (2); and

(b)

apart from this paragraph, he would not be treated for regulation 30 (early leavers) as leaving a local government employment,

he must be so treated for that regulation.

(2)

Those circumstances are–

(a)

that he leaves that employment as a result of a transfer to another employment which is–

(i)

an employment with the same employing authority at lower pay, or

(ii)

an employment with a different employing authority; and

(b)

that transfer is made by virtue of or in consequence of–

(i)

an order made under section 8 of the Local Government etc. (Scotland) Act 1994 or that section as extended by sections 97 and 137 of that Act; or

(ii)

the transfer to the Scottish Environment Protection Agency under section 22(1)(b)(ii) of the Environment Act 1995f1 of the property, rights and liabilities of a local authority in Scotland (as defined in section 56 of that Act).

Annotations

Commencement

I1

Reg. 133 in force at 1.4.1998, see reg. 1

Footnotes

f1

1995 c. 25.