The Local Government Reorganisation (Wales) (Staff) Order 1996

Made: 29th February 1996

Laid before Parliament: 6th March 1996

Coming into force: 1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 42(1), (3) and (6) 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:—

1

This Order may be cited as the Local Government Reorganisation (Wales) (Staff) Order 1996 and shall come into force on 1st April 1996.

2

In this Order—

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

• “the deposited list” means the list entitled “List referred to in the Local Government Reorganisation (Wales) (Staff) Order 1996” signed by authority of the Secretary of State, bearing the same date as the date of the making of this Order, and deposited as mentioned in article 4;

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

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

3

This order shall not apply to any person who is an employee of an old authority—

• (a) whose contract of employment provides for the termination of that contract on 31st March 1996;

• (b) who is dismissed with effect from 31st March 1996 (unless that person is later reinstated with effect from that date);

• (c) who terminates his contract of employment as at 31st March 1996;

• (d) for the transfer of whose employment provision is made in a combination scheme made under section 6 of the Fire Services Act 1947[^f00003];

• (e) for the transfer of whose employment provision is made in a scheme made under section 3 of the Environment Act 1995[^f00004];

• (f) who is employed wholly or mainly in connection with the discharge of the functions of the Welsh Joint Education Committee[^f00005].

4

• (1) The deposited list shall be deposited at the offices of the Secretary of State at Cathays Park, Cardiff.

• (2) Any person shall be entitled—

• (a) to inspect and make copies of the deposited list at all reasonable times; and

• (b) upon application to the Secretary of State, to be supplied with copies of the deposited list on payment of such reasonable sum as the Secretary of State may determine.

5

• (1) Subject to article 3, any person—

• (a) who, immediately before 1st April 1996, was employed by an old authority,

• (b) whose contract of employment would have continued but for the abolition of that authority, and

• (c) who falls within any of the numbered categories specified in column 1 of the Schedule to this Order,

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 or described in column 2 of the Schedule opposite the relevant entry in column 1 shall be the specified new employer of that person for the purposes of section 42 of the 1994 Act.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, Welsh Office — 29th February 1996

Explanatory note

(This note is not part of the Order)

This Order designates, for the purposes of section 42 of the Local Government (Wales) Act 1994, staff of district and county councils and the Milford Port Health Authority which are subject to abolition on 1st April 1996. It specifies a new county council, county borough council or National Park authority in Wales as their new employer.

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

Footnotes

[^f00001]: 1994 c. 19. By virtue of article 16 of the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803), sections 40 to 45 of the 1994 Act are applied to the transfer of staff to a National Park authority in Wales.

[^f00002]: S.I. 1995/2803.

[^f00003]: 1947 c. 41.

[^f00004]: 1995 c. 25.

[^f00005]: The order for the establishment of the Welsh Joint Education Committee made under paragraph 3 of Part II of Schedule 1 to the Education Act 1944 and the amending orders made under that paragraph are revoked with effect from the 1st April 1996 by virtue of the Welsh Joint Education Committee (Revocation) Order 1995.