Article 3 Schemes for the transfer of officers
Schemes for the transfer of officers to new authorities established under the Act or the Water Act 1973 shall be made by the councils of administrative counties, county boroughs and county districts in accordance with the provisions of this article and article 4.
A scheme for the transfer of all or any class of their officers shall be made by any such council if they consider that the transfer of such officers in accordance with the principles set out in paragraph 25 of the Memorandum (which is set out in the Schedule to this order) would result in a substantially unbalanced allocation of such officers between authorities in relation to functions for which they are respectively responsible, or where any such authority notify the council that they so consider.
A scheme for the transfer of all their officers shall be made by any such council whose area is comprised in the areas of two or more relevant authorities unless the relevant authorities other than one notify the council that no officers need be transferred to them.
A scheme for the transfer of officers employed for the purposes of any function shall be made by any such council as is described in paragraph (1) where the function is on and after 1st April 1974 exercisable (otherwise than by virtue of section 187(2) or (3) of the Act) by two or more authorities and the council consider that there will be difficulty in determining the authorities to which officers would be transferred on the application of the principles described in paragraph (2) above, or where any such authority notify the council that they so consider.
A scheme for the transfer of all or any of their officers may be made by any such council in any other circumstances in which they consider it appropriate to make a scheme.
Where, with effect from 1st April 1974, functions are conferred upon the council of a district in Wales by order under section 198(3), 200(1), (2) or (3), 201(3) or 207(2) or (3) of the Act, any scheme made under paragraphs (2) to (5) above, so far as it provides for the transfer of officers on the basis that such functions will be discharged within the relevant district by a new county council, shall cease to have effect, and subject to the provisions of any such order the council who made the scheme shall make a further scheme for the transfer of such officers.
Where any arrangements made under section 101 or 110, or any direction given under section 110, of the Act, are to have effect as from 1st April 1974 but have not been taken into account under article 4(2), any scheme made under paragraphs (2) to (5) above, so far as it provides for the transfer of officers on the basis that the functions to which the arrangements or direction relate will be discharged within the relevant area by the authority whose functions they are, shall cease to have effect, and the council who made the scheme shall make a further scheme for the transfer of such officers.
The references in paragraphs (2), (3) and (5) above to all the officers of a council do not include—
any person who will by virtue of any agreement entered into between him and any authority (other than an authority abolished by the Act) before 1st April 1974 enter into the employment of that authority before or on that date;
any person as regards any employment which, otherwise than by virtue of the abolition of authorities effected by the Act, is to be terminated before or on 31st March 1974;
any person for whose transfer provision has been made (whether before or after this order) under section 254 of the Act; or
any person for whose transfer provision is made in section 18 of the National Health Service Reorganisation Act 1973 .
In paragraph (3) above, “the relevant authorities” means, in relation to any authority described in column (1) of the following table, the authorities specified in respect thereof in column (2) together with any authority included in the expression by virtue of article 4(2).
TABLE
| (1) | (2) |
|---|---|
| The council of any administrative county | The councils of the counties in which the area of the administrative county is comprised |
| The council of any county borough or county district | The councils of the districts in which the area of the county borough or county district is comprised |