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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 135

1972 c.22

135.(1) An order under section 134 may make provision for the transfer of any
person who is, on such date before [1st October 1973] as may be specified in
relation to him in the order, the holder of any place, situation or employment
and who is affected by any provision of, or of any instrument made under, this
Part or any other transferred provision such as is mentioned in subsection (1)
of that section, and shall contain provisions for the protection of the
interests of every person with respect to whose transfer such a provision is
made.

(2) In the case of any person who immediately before [1st October 1973] is in
the employment of one or more than one existing local authority and for whose
transfer no provision is made by any other statutory provision, an order under
section 134 shall make such provision as is necessary to ensure that, to the
extent (if any) to which, by reason only of the provisions of this Part, or
any such other transferred provision as aforesaid, that person, apart from the
order, would cease on [1st October 1973] to be employed by one or more than
one such authority, that person is transferred on [1st October 1973] to the
employment of such other authority or authorities as are specified in or
determined under the order.

(3) The provision required to be made under subsection (1) or (2) shall
include such provision with respect to any person who is transferred under
this Part as to secure that

(a)so long as he continues in the employment of the other authority or
authorities by virtue of the transfer and until he is served with a statement
in writing of his new terms and conditions of employment, he enjoys
terms and conditions of employment (including conditions as to superannuation
benefits) not less favourable than those he enjoyed immediately before 17th
November 1971; and

(b)the said new terms and conditions are such that

(i)so long as he is engaged in duties reasonably comparable to those in which
he was engaged immediately before the date of the transfer, the scale of his
remuneration; and

(ii)the other terms and conditions of his employment;

(b)are taken as a whole not less favourable than those he enjoyed immediately
before 17th November 1971.

(4) Where, in relation to a person to whom subsection (1) or (2) applies, the
terms and conditions of his employment (including conditions as to
superannuation benefits) were, before 17th November 1971 but not earlier than
1st October 1971, varied in any respect and the Ministry concerned considers
that, in all the circumstances, the variation was not justified, that Ministry
may direct that the variation shall be wholly or partially omitted from the
terms and conditions on which he becomes employed by the other authority or
authorities; and subsection (3) shall have effect in relation to him as if so
much of the variation as is specified in the direction had not been included
in the terms and conditions of his employment immediately before 17th November
1971.

(5) Where, in relation to a person to whom subsection (1) or (2) applies, the
terms and conditions of his employment (including conditions as to
superannuation benefits) are on or after 17th November 1971 varied in any
respect, the Ministry concerned may direct that the variation shall be wholly
or partially included among the terms and conditions on which he becomes
employed by the other authority or authorities; and subsection (3) shall have
effect in relation to him as if so much of the variation as is specified in
the direction had been included in the terms and conditions of his employment
immediately before 17th November 1971.

(6) A written statement given in accordance with section 4 of the Contracts of
Employment and Redundancy Payments Act (Northern Ireland) 1965 shall not be
regarded as a statement of new terms and conditions of employment for the
purposes of subsection (3) unless the statement so indicates.

(7) Where a person enters the employment of an existing local authority on or
after 17th November 1971 but before [1st October 1973], subsections (3) and
(5) shall have effect as if for any reference to
terms and conditions of employment enjoyed immediately before 17th November
1971 there were substituted a reference to terms and conditions of employment
enjoyed immediately after entering that employment.

(8) In subsections (3) and (5) "terms and conditions of employment" includes
any restriction under a statutory provision on the termination of the
employment of any person.

(9) The foregoing provisions of this section shall have effect with respect to
a person who is employed by a new town commission for the purpose of
development functions as if for any reference in those provisions to [1st
October 1973] there were substituted a reference to the day on which the new
town commission are, by virtue of an order under section 131(3)(b), to be
dissolved.

Subs.(10) rep. by 1973 NI 10 art.2 sch.

(11) For the purposes of this section, where a variation which is made in
terms and conditions of employment on one date is expressed to take effect
from another date, the terms and conditions shall be treated as varied on the
first-mentioned date.

© 1972 Crown Copyright

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