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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_1988907_en.html

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Statutory Instruments

1988 No. 907

TERMS AND CONDITIONS OF EMPLOYMENT

The Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988

Made

19th May 1988

Coming into force

2nd June 1988

Whereas a draft of the following Order was laid before Parliament in accordance with section 149(4) of the Employment Protection (Consolidation) Act 1978(1) ("the 1978 Act") and approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 149(1)(b) and section 154(3) and (4) of the 1978 Act and of all other powers enabling him in that behalf hereby makes the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988 and shall come into force on the fourteenth day after the day on which it is made.

(2) In this Order the "principal Order" means the Redundancy Payments (Local Government) (Modification) Order 1983(2).

Amendments to the principal Order

2. The principal Order shall be amended as follows-

(a)In article 1(2)(a) after the second reference to "the 1978 Act" add - "or, in relation to any person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988, any event occurring on or after the coming into force of that Order on the happening of which an employee may become entitled to a redundancy payment in accordance with the provisions of the 1978 Act."

(b)In article 4(3) after "paragraph (4)" add - "and (5)."

(c)After article 4(4) add-

"(5) Where a period of employment of a person to whom this Order applies by reason of an amendment contained in the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1988 falls to be computed in accordance with the provisions of the 1978 Act as modified by this Order, the provisions of this Order shall have effect in relation to any period whether falling wholly or partly before or after the coming into force of that Order."

(d)In Schedule 1 after entry 59 there shall be added-

"60. The National Advisory Body for Public Sector Higher Education.

61. The Further Education Staff College.

62. The Centre for Information on Language Teaching and Research.

63. The National Institute of Adult Continuing Education (England and Wales).

64. The Scottish Museums Council.

65. The Scottish Community Education Council.

66. The Scottish Vocational Education Council.

67. The Scottish Examination Board.

68. Newbattle Abbey College.

69. National Mobility Services Trust Limited.

70. The Board of Trustees of The National Museums and Galleries on Merseyside.

71. The South Yorkshire Pensions Authority."

(e)In the Appendix to Schedule 2 there shall be added-

"25. The Scottish Technical Education Council.

26. The Scottish Business Education Council.

27. The Scottish Association for National Certificates and Diplomas.

28. The Scottish Council for Commercial, Administrative and Professional Education.

29. The Secretary of State for Education and Science, in relation only to teachers employed under contract in the European School established under Article 1 of the Statute of the European School(3) and in schools designated as European Schools under Article 1 of the Protocol to that Statute."

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

19th May 1988

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on the fourteenth day after the day on which it is made, amends the Redundancy Payments (Local Government) (Modification) Order 1983 as amended by the Redundancy Payments (Local Government) (Modification) (Amendment) Order 1985. Those Orders modified certain redundancy payments provisions of the Employment Protection (Consolidation) Act 1978 in their application to persons employed in relevant local government service so that their employment in the service is to be treated as if it was continuous for the purposes of those provisions. This Order adds to the list of employers to whose employees the 1983 Order as amended applies.

(2)

S.I. 1983/1160, amended by S.I. 1985/1872.

(3)

Cmnd. 5145.


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_1988907_en.html