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The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010

S.I. 2010/903 · Made 22 March 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Terms And Conditions Of Employment

Made 22nd March 2010

Laid before Parliament 24th March 2010

Coming into force 15th April 2010

The Secretary of State, in exercise of the powers conferred by sections 209(1)(b) and 236 of the Employment Rights Act 1996f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

1996 c.18.

Contents

  1. 1Citation, commencement, and interpretation
  2. 2Amendments to Schedule 1 to the principal Order
  3. 3Amendments to Schedule 1 to the principal Order
  4. 4Amendments to Schedule 1 to the principal Order
  5. 5Amendments to Schedule 1 to the principal Order
  6. 6Amendments to Schedule 1 to the principal Order
  7. 7Amendments to Schedule 1 to the principal Order
  8. 8Amendments to Schedule 1 to the principal Order
  9. 9Amendments to Schedule 1 to the principal Order
  10. 10Amendments to Schedule 2 to the principal Order
  11. 11Amendments to Schedule 2 to the principal Order
  12. 12Amendments to Schedule 2 to the principal Order
  13. 13Amendments to Schedule 2 to the principal Order
  14. Signature
  15. Explanatory note

1Citation, commencement, and interpretation

(1)

This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010 and shall come in force on 15th April 2010.

(2)

In this Order, “the principal Order” means the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999f1.

2Amendments to Schedule 1 to the principal Order

Schedule 1 to the principal Order (employment to which this Order applies: employers immediately before the relevant event) is amended in accordance with articles 3 to 9.

3Amendments to Schedule 1 to the principal Order

In section 1 (local government)f1—

(a)

after paragraph 13 insert—

“13A.

A National Park Authority established under sections 6 to 8 of the National Parks (Scotland) Act 2000f2.”;

(b)

for paragraph 16 substitute—

“16.

Audit Scotlandf3.”;

(c)

after paragraph 22 add—

“23.

Improvement Service Companyf4.”.

4Amendments to Schedule 1 to the principal Order

In section 2 (planning and development)f1—

(a)

after paragraph 41 insert—

“41A.

Olympic Park Legacy Company Limitedf2.”; and

(b)

after paragraph 51 insert—

“51A.

City Building (Glasgow) LLPf3.”.

5Amendments to Schedule 1 to the principal Order

In section 3 (education), for paragraph 32 substitute—

“32.

Shetland Arts Development Agencyf1.”.

6Amendments to Schedule 1 to the principal Order

In section 6 (police, fire and civil defence)f1, after paragraph 3 add—

“4.

A company the members of which comprise fire and rescue authoritiesf2 in England and whose objects include the operation of a regional fire control centre.”.

7Amendments to Schedule 1 to the principal Order

In section 8 (social services)f1, after paragraph 1 insert—

“1ZA.

Essex Cares Limitedf2.

1ZB.

Essex Community Support Limited f3.

1ZC.

Essex Employment and Inclusion Limitedf4.

1ZD.

Essex Equipment Services Limitedf5.”.

8Amendments to Schedule 1 to the principal Order

In section 9 (museums), after paragraph 7 add—

“8.

Woodhorn Charitable Trustf1.”.

9Amendments to Schedule 1 to the principal Order

In section 10 (miscellaneous bodies)f1—

(a)

after paragraph 5A insert—

“5B.

A community justice authority under section 3 of the Management of Offenders (Scotland) Act 2005f2.

5C.

Active Stirling Limitedf3.

5D.

Ardroy Outdoor Learning Trustf4.

5E.

Arts and Theatres Trust Fife Limitedf5.”;

(b)

after paragraph 6C insert—

“6D.

City Markets (Glasgow) LLPf6.

6E.

City Parking (Glasgow) LLPf7.

6F.

City Property (Glasgow) LLPf8.”;

(c)

after paragraph 8 insert—

“8AA.

Cordia (Services) LLPf9.”;

(d)

after paragraph 8B insert—

“8C.

Culture and Sport Glasgowf10.

8D.

Culture and Sport Glasgow (Trading) C.I.C.f11.”;

(e)

after paragraph 9AA insert—

“9B.

Enjoy East Lothian Limitedf12.”;

(f)

after paragraph 10 insert—

“10A.

Fife Coast and Countryside Trustf13.

10B.

Fife Sports and Leisure Trust Limitedf14.

10C.

Forth Valley GIS Limitedf15.

10D.

Glasgow Community and Safety Services Limitedf16.”;

(g)

after paragraph 19 insert—

“19ZA.

North Lanarkshire Leisure Limitedf17.

19ZB.

Nuneaton and Bedworth Leisure Trustf18.”;

(h)

after paragraph 19A insert—

“19AA.

Pendle Leisure Limited f19.”;

(i)

after paragraph 19C insert—

“19CA.

Sandwell Arts Trust f20.”;

(j)

after paragraph 22A insert—

“22B.

Somerset Leisure Limited f21.”; and

(k)

after paragraph 23 insert—

“23A.

Sport Aberdeenf22.”.

10Amendments to Schedule 2 to the principal Order

Part 2 of Schedule 2 to the principal Order (employers with whom employment may constitute relevant service) is amended in accordance with articles 10 and 11.

11Amendments to Schedule 2 to the principal Order

In section 2 (local government), after paragraph 14 add—

“15.

The Accounts Commission for Scotlandf1.”.

12Amendments to Schedule 2 to the principal Order

In section 4 (education), after paragraph 19 insert—

“19A.

Shetland Arts Trustf1.”.

13Amendments to Schedule 2 to the principal Order

In section 9 (miscellaneous)f1, after paragraph 7 insert—

“7A.

The Traffic Director for Londonf2.”.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Barbara Follett

Parliamentary Under Secretary of State

Department for Communities and Local Government

22nd March 2010

Explanatory note

(This note is not part of the Order)

This Order amends the Redundancy Payments (Continuity of Employment in Local Government, etc.)(Modification) Order 1999 (“the principal Order”).

Part 1 of Schedule 2 to the principal Order modifies sections 146, 155 and 162 of the Employment Rights Act 1996 (“the 1996 Act”). These sections concern entitlement to redundancy payments under the 1996 Act. Section 146 of the 1996 Act is modified so that, when the principal Order applies, the references in sections 138 and 141 of the 1996 Act to re-engagement by an employer or an offer from an employer include re-engagement or an offer from any employer specified in Part 2 of Schedule 2 to the principal Order. Sections 155 and 162 of the 1996 Act are amended so that, when the principal Order applies, the phrase “continuously employed” in those sections is substituted by “employed in relevant service”. “Relevant service” is defined in those sections as continuous employment with one, or successive employment with two or more, employers specified in Part 2 of Schedule 2 to the principal Order. The principal Order applies to any person who immediately before the occurrence of a relevant event is employed by an employer in Schedule 1 to the principal Order. A “relevant event” is defined as any event by which a person may become entitled to a redundancy payment under the 1996 Act. Any employer specified in Schedule 1 to the principal Order is also specified in Part 2 of Schedule 2 to the principal Order.

Articles 3 to 9 amend Schedule 1 to the principal Order. Three new employers are added to section 1 (local government); the Accounts Commission for Scotland is substituted by Audit Scotland; two new employers are added to section 2 (planning and development); in section 3 (education) Shetland Arts Trust is substituted by the Shetland Arts and Development Agency; one new employer is added to section 6 (police, fire and civil defence); Four new employers are added to section 8 (social services); one new employer is added to section 9 (museums) and twenty-one new employers are added to section 10 (miscellaneous bodies);

Articles 11 to 13 amend Part 2 of Schedule 2 to the principal Order. The Accounts Commission for Scotland is added to section 2 (local government). Shetland Arts Trust is added to section 4 (education), and the Office of the Traffic Director for London is added to section 9 (miscellaneous).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Department for Communities and Local Government website (http://www.communities.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.