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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Local Government Reorganisation (Wales) (Staff) Order 1996 No. 501 URL: http://www.bailii.org/uk/legis/num_reg/1996/uksi_1996501_en.html |
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Statutory Instruments
LOCAL GOVERNMENT, ENGLAND AND WALES
WALES
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(1) 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(2).
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(3);
(e)for the transfer of whose employment provision is made in a scheme made under section 3 of the Environment Act 1995(4);
(f) who is employed wholly or mainly in connection with the discharge of the functions of the Welsh Joint Education Committee(5).
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.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
29th February 1996
Article 5
(1) | (2) |
---|---|
Categories of employees of old authorities | New Authority |
Category 1 | |
Any person employed by one of the following authorities except- (a) in relation to Arfon Borough Council or Powys County Council, a person who falls within Category 2; (b) a person who falls within Category 4; and (c) a person who falls within Category 6. | |
Aberconwy Borough Council | Aberconwy and Colwyn County Borough Council |
Alyn and Deeside District Council | Flintshire County Council |
Arfon Borough Council | Caernarfonshire and Merionethshire County Council |
Brecknock Borough Council | Powys County Council |
Cardiff City Council | Cardiff County Council |
Carmarthen District Council | Carmarthenshire County Council |
Colwyn Borough Council | Aberconwy and Colwyn County Borough Council |
Cyngor Dosbarth Ceredigion | Cardiganshire County Council |
Cyngor Dosbarth Dwyfor | Caernarfonshire and Merionethshire County Council |
Cynon Valley Borough Council | Rhondda, Cynon, Taff County Borough Council |
Delyn Borough Council | Flintshire County Council |
Dinefwr Borough Council | Carmarthenshire County Council |
Islwyn Borough Council | Caerphilly County Borough Council |
Llanelli Borough Council | Carmarthenshire County Council |
Meirionydd District Council | Caernarfonshire and Merionethshire County Council |
Merthyr Tydfil Borough Council | Merthyr Tydfil County Borough Council |
Monmouth Borough Council | Monmouthshire County Council |
Montgomeryshire District Council | Powys County Council |
Neath Borough Council | Neath and Port Talbot County Borough Council |
Newport Borough Council | Newport County Borough Council |
Port Talbot Borough Council | Neath and Port Talbot County Borough Council |
Powys County Council | Powys County Council |
Preseli Pembrokeshire District Council | Pembrokeshire County Council |
Radnorshire District Council | Powys County Council |
Rhondda Borough Council | Rhondda, Cynon, Taff County Borough Council |
Rhuddlan Borough Council | Denbighshire County Council |
Rhymney Valley District Council | Caerphilly County Borough Council |
South Pembrokeshire District Council | Pembrokeshire County Council |
Swansea City Council | Swansea County Council |
Torfaen Borough Council | Torfaen County Borough Council |
Vale of Glamorgan Borough Council | The Vale of Glamorgan County Borough Council |
Wrexham Maelor Borough Council | Wrexham County Borough Council |
Ynys Môn-Isle of Anglesey Borough Council | Anglesey County Council |
Milford Port Health Authority | Pembrokeshire County Council |
Category 2 | |
Any person specified by name in, or within a class or description set out in, any of the numbered Parts of the deposited list referred to below:- | |
Arfon Borough Council | |
Part 1 Blaenau Gwent Borough Council | Aberconwy and Colwyn County Borough Council |
Part 2 (a) | Blaneau Gwent County Borough Council |
(b) | Monmouthshire County Council |
Clwyd County Council | |
Part 3 (a) | Aberconwy and Colwyn County Borough Council |
(b) | Denbighshire County Council |
(c) | Flintshire County Council |
(d) | Powys County Council |
(e) | Wrexham County Borough Council |
Dyfed County Council | |
Part 4 (a) | Cardiganshire County Council |
(b) | Carmarthenshire County Council |
(c) | Pembrokeshire County Council |
(d) | Pembrokeshire Coast National Park Authority |
Glyndŵr District Council | |
Part 5 (a) | Denbighshire County Council |
(b) | Powys County Council |
(c) | Wrexham County Borough Council |
Gwent County Council | |
Part 6 (a) | Blaenau Gwent County Borough Council |
(b) | Caerphilly County Borough Council |
(c) | Monmouthshire County Council |
(d) | Newport County Borough Council |
(e) | Torfaen County Borough Council |
(f) | Blaenau Gwent County Borough Council, Caerphilly County Borough Council, Monmouthshire County Council, Newport County Borough Council and Torfaen County Borough Council |
Gwynedd County Council | |
Part 7 (a) | Aberconwy and Colwyn County Borough Council |
(b) | Anglesey County Council |
(c) | Caernarfonshire and Merionethshire County Council |
(d) | Snowdonia National Park Authority |
(e) | Anglesey County Council and Caernarfonshire and Merionethshire County Council |
Lliw Valley Borough Council | |
Part 8 (a) | Neath and Port Talbot County Borough Council |
(b) | Swansea County Council |
Mid Glamorgan County Council | |
Part 9 (a) | Bridgend County Borough Council |
(b) | Caerphilly County Borough Council |
(c) | Cardiff County Council |
(d) | Merthyr Tydfil County Borough Council |
(e) | Rhondda, Cynon, Taff County Borough Council |
(f) | The Vale of Glamorgan County Borough Council |
(g) | Bridgend County Borough Council, Merthyr Tydfil County Borough Council and Rhondda, Cynon, Taff County Borough Council |
(h) | Bridgend County Borough Council, Caerphilly County Borough Council, Cardiff County Council, Merthyr Tydfil County Borough Council, Rhondda, Cynon, Taff County Borough Council and the Vale of Glamorgan County Borough Council |
Ogwr Borough Council | |
Part 10 (a) | Bridgend County Borough Council |
(b) | The Vale of Glamorgan County Borough Council |
Powys County Council | |
Part 11 | Brecon Beacons National Park Authority |
South Glamorgan County Council | |
Part 12 (a) | Cardiff County Council |
(b) | The Vale of Glamorgan County Borough Council |
Taff-Ely Borough Council | |
Part 13 (a) | Cardiff County Council |
(b) | Rhondda, Cynon, Taff County Borough Council |
West Glamorgan County Council | |
Part 14 (a) | Neath and Port Talbot County Borough Council |
(b) | Swansea County Council |
Category 3 | |
Any person employed jointly by two or more old authorities in connection with the functions of a joint committee which continues to exist on and after 1 April 1996 by virtue of section 59(11) and (12) of the 1994 Act. | The new authorities by whom, or in connection with whom, the committee is deemed to have been appointed by virtue of section 59(12) of the 1994 Act. |
Category 4 | |
Any person employed by one of the constituent authorities of a joint committee (being a committee which continues to exist on and after 1st April 1996 by virtue of section 59(11) and (12) of the 1994 Act) wholly or mainly in connection with the functions of that committee except a person who falls within categories 2 or 6. | The new authority whose area includes the whole of the area of the old authority by whom the person was employed or, in cases where the area of that old authority falls within the areas of two or more new authorities, the new authority whose area includes the greater or greatest part of the area of the old authority. |
Category 5 | |
Any person employed jointly by two or more old authorities in connection with the functions of a joint committee which ceases to exist as a result of the 1994 Act. | The new authority within whose area the functions of the former committee will be carried out. |
Category 6 | |
Any person employed by one of the constituent authorities of a joint committee which ceases to exist as a result of the 1994 Act, where that person is employed wholly or mainly in connection with the functions of that committee except a person who falls within category 2. | The new authority within whose area the functions of the former committee will be carried out. |
(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.
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.
S.I. 1995/2803.
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.