Regulation 5 Continuity: limitations and supplementary provisionI1

England and Wales

(1)

Regulation 4—

(a)

shall have effect only to the extent that other regulations under section 14 of the 2007 Act (including any provision of these Regulations) do not make different provision; and

(b)

shall not be construed as continuing in force any contract of employment made by a predecessor council.

(2)

Where anything done or in the process of being done by a predecessor council or successor council was limited to part of its area, paragraphs (2) and (3) of regulation 4 shall have effect only as regards that part; but this does not preclude the related single tier council (if it has the power to do so), from taking steps to secure that the thing has effect in relation to the whole of its area.

(3)

Subject to paragraph (4) of this regulation, where a predecessor council is succeeded by more than one related single tier council, paragraphs (2) and (3) of regulation 4 shall have effect as if references to the related single tier council were references to each of the related single tier councils.

(4)

Paragraph (3) of this regulation does not apply where—

(a)

anything done or in the process of being done by a predecessor council or successor council was limited to part of its area, and

(b)

on the reorganisation date that part falls within the area of only one of the related single tier councils.

Annotations

Commencement

I1: Reg. 5 in force at 28.11.2008, see reg. 1(1)