The Local Government Reorganisation (Wales) (Staff) (No. 3) Order 1996

Made: 1st May 1996

Laid before Parliament: 7th May 1996

Coming into force: 28th May 1996

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 42(1) and (3) and 63(5) of the Local Government (Wales) Act 1994[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1

This Order may be cited as the Local Government Reorganisation (Wales) (Staff) (No. 3) Order 1996 and shall come into force on 28th May 1996.

Interpretation

2

• (1) In this Order—

• “the 1994 Act” means the Local Government (Wales) Act 1994;

• “new authority” means a county or county borough council which is established under the 1994 Act or a National Park authority established by article 3 of the National Park Authorities (Wales) Order 1995[^f00002];

• “old authority” means a county or district council which ceased to exist as a result of the 1994 Act;

• “the No. 2 Order” means the Local Government Reorganisation (Wales) (Staff) (No. 2) Order 1996[^f00003];

• “the principal Order” means the Local Government Reorganisation (Wales) (Staff) Order 1996[^f00004].

• (2) Persons described in this Order are described by reference to their name and one or more of the following—

• (a) their employee number with the old authority which number is given in brackets,

• (b) the title or description of the post,

• (c) the establishment at which, or the geographic area within which, the person worked immediately before 1st April 1996.

Designation of staff

3

• (1) Any person who, immediately before 1st April 1996, was employed by an old authority named in column (1) of the Schedule to this Order and who is described in column (2) thereof is hereby designated for the purposes of section 42 of the 1994 Act.

• (2) In relation to any person designated under paragraph (1), the new authority named in column (3) of the Schedule to this Order in relation to the person so designated shall be the specified new employer of that person for the purposes of section 42 of the 1994 Act.

• (3) Article 5 of the principal Order and article 5 of the No. 2 Order shall not apply to any of the persons described in this Order.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, Welsh Office — 1st May 1996

Explanatory note

(This note is not part of the Order)

This Order supplements and, to a certain extent supersedes, the Local Government Reorganisation (Wales) (Staff) Order 1996 (S.I. 1996/501) (“the principal Order”) and the Local Government Reorganisation (Wales) (Staff) (No. 2) Order 1996 (S.I. 1996/905) (“the No. 2 Order”). Those Orders designated, for the purposes of Section 42 of the Local Government (Wales) Act 1994 (transfers of staff) staff of the district and county councils and of the Milford Port Health Authority which, by virtue of the 1994 Act, ceased to exist on 1st April 1996. They also specified a new county or county borough council or a National Park authority as the new employer of such staff from that date.

Article 3 of the Order designates for the purposes of section 42 of the 1994 Act the staff described in the Schedule to the Order and specifies a new county or county borough council or a National Park authority as the new employer for each such staff. This is with effect from 1st April 1996.

Section 42 of the 1994 Act provides that the contract of employment of staff so designated has effect as if originally made between them and the new employer specified in the Order.

The staff of the old county and district councils affected by this Order fall within the following categories:

• (a) persons whose names or details of employment with an old council had been misdescribed in either the deposited list referred to in the principal Order or in the No. 2 Order;

• (b) persons who had been omitted from the deposited list and who had not been included in the principal Order or the No. 2 Order;

• (c) persons who, by agreement or by virtue of the appeals procedure established by the councils and the Staff Commission for Wales, have transferred direct to a new employer different from that specified in the previous Orders.

Footnotes

[^f00001]: 1994 c. 19.

[^f00002]: S.I. 1995/2803. Article 16 of that Order has the effect that references to a new principal council which may be specified as a new employer for the purposes of section 42(2) and (3) of the 1994 Act include reference to a National Park authority in Wales. There are amendments to S.I. 1995/2803 which are not relevant to this Order.

[^f00003]: S.I. 1996/905.

[^f00004]: S.I. 1996/501.

[^f00005]: On 2nd April 1996 the name of the county borough of Aberconwy and Colwyn was changed to Conwy.