{
  "url": "https://openlegislation.uk/local-government-structural-and-boundary-changes-staffing-regulations-2008/note",
  "json_url": "https://openlegislation.uk/local-government-structural-and-boundary-changes-staffing-regulations-2008/note.json",
  "legislation": "uksi/2008/1419",
  "legislation_title": "The Local Government (Structural and Boundary Changes) (Staffing) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/local-government-structural-and-boundary-changes-staffing-regulations-2008",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nPart I of the Local Government and Public Involvement in Health Act 2007 (the “2007 Act”) deals with structural and boundary changes in England. Where the Secretary of State has received a proposal or a recommendation he may make an order to implement the proposal or recommendation with or without modification. These Regulations make incidental, consequential, transitional and supplementary provision of general application in relation to the transfer of staff and other staffing matters for the purposes of, and in consequence of, orders made by the Secretary of State under section 7 or 10 of the 2007 Act with respect to local government structural changes or boundary changes (or both such changes) in England. Section 14(3) of the 2007 Act provides for these Regulations to have effect subject to any provision included in such an order.\nRegulation 2 contains definitions.\nRegulation 3 provides for the transfer of functions from an existing local authority to a county or district council that on the reorganisation date becomes the sole principal authority for an area (a “single tier council”) to be treated as a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “TUPE Regulations”) (SI 2006/246). The TUPE Regulations make provision for the treatment of contracts of employment, employees and related matters, in the event of a relevant transfer (as defined in regulation 3 of TUPE).\nRegulation 4 makes special provision in connection with the recruitment, appointment and dismissal of heads of paid service and other chief officers. The Local Authorities (Standing Orders) Regulations 1993 (SI 1993/202) and the Local Authorities (Standing Orders) (England) Regulations 2001 (SI 2001/3384) are modified accordingly. Regulation 4(2) specifies the bodies that are to be responsible for discharging those functions at particular stages of the reorganisation process. Regulation 4(3) relieves a single tier council of the duty of appointing a head of paid service where its predecessor preparing council or shadow council made an appointment to that post by virtue of regulation 4(1).\nThe effect of regulation 4(4) is that certain functions of a preparing council, a shadow council or a single tier council that, as regards matters relating to chief officers, would otherwise not be the responsibility of the council’s executive, become functions that the council may, but need not, delegate to its executive.\nRegulation 5 provides that a head of paid service whose employment would have continued but for the appointment of another person to the post of head of paid service of the single tier council, in accordance with the 1993 Regulations (as modified by regulation 4(1)), is to be treated as dismissed by reason of redundancy for the purposes of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 (SI 2006/2914) and the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166).\nRegulation 6, by requiring a shadow council to be treated as falling within Schedule 2 of the Local Government Pension Scheme (Administration) Regulations 2008 (SI 2008/239), provides for staff employed by a shadow council to be eligible for membership of the Local Government Pension Scheme.\nA full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/1419/note",
    "retrieved_at": "2026-10-29T03:30:30.541106+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}