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The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1991

S.I. 1991/818 · Made 13 March 1991

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 13th March 1991

Coming into force 1st April 1991

Whereas a draft of the following Order was laid before Parliament inaccordance with section 149(4) of the Employment Protection(Consolidation) Act 1978f1 (“the 1978 Act”) and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State in exercise of the powersconferred on him by section 149(1)(b) and section 154(3) and (4) of the1978 Act and of all other powers enabling him in that behalf herebymakes the following Order:

Annotations to the whole text

Footnotes

f1

1978 c. 44.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the principal Order
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Redundancy Payments (LocalGovernment) (Modification) (Amendment) Order 1991 and shall come intoforce on 1st April 1991.

(2)

In this Order the“principal Order” means the Redundancy Payments (Local Government) (Modification)Order 1983f1.

2Amendments to the principal Order

The principal Order shall be amended as follows:—

(a)

In article 1(2)(a) after the fifth reference to“the 1978 Act” add—“or, in relation to any person to whom this Order applies by reason ofan amendment contained in the Redundancy Payments (Local Government)(Modification) (Amendment) Order 1991, any event occurring on or afterthe coming into force of that Order on the happening of which anemployee may become entitled to a redundancy payment in accordance withthe provisions of the 1978 Act”.

(b)

In article 4(3) after“paragraph (4)(5)(6)” delete“and (7)” and substitute“(7) and (8)”.

(c)

After article 4(7) add—

“(8)

Where a period of employment of a person to whom this Order appliesby reason of an amendment contained in the Redundancy Payments (LocalGovernment) (Modification) (Amendment) Order 1991 falls to be computedin accordance with the provisions of the 1978 Act as modified by thisOrder, the provisions of this Order shall have effect in relation to anyperiod whether falling wholly or partly before or after the coming intoforce of that Order”.

(d)

In Schedule 1 delete —“11. The Local Government Training Board.”

(e)

In Schedule 1 after entry 85 add—

“86

The General Teaching Council for Scotland, established under theTeaching Council (Scotland) Act 1965f1.

87

Scottish Enterprise, established under the Enterprise and New Towns(Scotland) Act 1990f2.

88

The Local Government Management Board.”

(f)

In the Appendix to Schedule 2 after entry 29 add—

“30

The Local Government Training Board.”

Signature

Signed by order of the Secretary of State.

Eric Forth

Parliamentary Under Secretary of State,

Department of Employment

13th March 1991

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 1st April 1991, amends theRedundancy Payments (Local Government) (Modification) Order 1983 asamended by the Redundancy Payments (Local Government) (Modification)(Amendment) Order 1985, the Redundancy Payments (Local Government)(Modification) (Amendment) Order 1988, the Redundancy Payments (LocalGovernment) (Modification) (Amendment) Order 1989 and the RedundancyPayments (Local Government) (Modification) (Amendment) Order 1990. ThoseOrders modified certain redundancy payments provisions of the EmploymentProtection (Consolidation) Act 1978 in their application to personsemployed in relevant local government service so that their employmentin the service is to be treated as if it were continuous for thepurposes of those provisions. This Order adds to the list of employersto whose employees the 1983 Order as amended applies and transfers theLocal Government Training Board from Schedule 1 to the Appendix toSchedule 2.