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Statutory Instrument 1995 No. 289

The Isle of Wight (Staff Transfer) Order 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 289

LOCAL GOVERNMENT, ENGLAND AND WALES

The Isle of Wight (Staff Transfer) Order 1995

Made8th February 1995
Laid before Parliament15th February 1995
Coming into force8th March 1995

    The Secretary of State, in exercise of this powers under section 17(1) and 26(5)(b) of the Local Government Act 1992[1], and of all other powers enabling him in that behalf, hereby makes the following Order:—
    Citation, Commencement and Application
        1.—(1)  This Order may be cited as the Isle of Wight (Staff Transfer) Order 1995 and shall come into force on 8th March 1995.

        (2)  This Order makes provisions which are consequential, or supplementary to the provision of the Isle of Wight (Structural Change) Order 1994[2].
    Interpretation
        2.    In this Order "contract of employment" means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services, and any reference to an "employer" or "employee" and to "employment" shall be construed accordingly.
    Transfer of Staff
        3.—(1)  This article shall apply to any person (a "designated employee") who:—
       (a) immediately before 1st April 1995 ("the reorganisation date") was employed by the Medina Borough Council or the South Wight Borough Council;
       (b) whose employment would continue but for the abolition of those two councils; and
       (c) whose name is mentioned in the Schedule to this Order.

        (2)  The contract of employment of any designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between the designated employee and the Isle of Wight Council.

        (3)  This article shall have effect in relation to a designated employee whether or not he is an employee to whom The Transfer of Undertakings (Protection of Employment) Regulations 1981[3] would otherwise apply, but is without prejudice to any provision of those regulations which applies to any such employee.

Notes:

[1] 1992 c. 19.

[2] S.I. 1994/1210.

[3] S.I. 1981/1794 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c. 19.

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