Citation, Commencement and Application

1.-(1) This Order may be cited as the Bath and North East Somerset District Council (Staff Transfer) Order 1996 and shall come into force on 1st April 1996.

(2) This Order makes provisions which are consequential or supplementary to the Avon (Structural Change) Order 1995.(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 a contract for services;

"employee" means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1996, but does not include a person whose employment is on a temporary basis and who on 31st March 1996 has had a continuous period of employment (when calculated in accordance with section 151 of, and Schedule 13 to, the Employment Protection (Consolidation) Act 1978(3)) of less than two years.

Transfer of Staff

3.-(1) This article shall apply to any employee (a "designated employee")-

(a)who immediately before 1st April 1996 ("the reorganisation date") was employed by the Bath City Council or the Wansdyke District Council;

(b)whose employment would continue but for the abolition of those two councils; and

(c)who-

(i)in the case of an employee of the Bath City Council, is employed in one of the departments or sections mentioned in Part I of Schedule 1 to this Order or is named in Part II of that Schedule, or

(ii)in the case of an employee of the Wansdyke District Council, is not mentioned in Schedule 2 to this Order.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between that employee and the Bath and North East Somerset District Council.

(3) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981.(4)

SCHEDULE 1(Employees of the Bath City Council transferring to the Bath and North East Somerset District Council)

PART I

1. Any employee who is employed by any of the following departments or sections of the Bath City Council-

(a)the Environmental Services Department,

(b)The Housing Department,

(c)The Leisure, Tourism and Economic Development Department,

(d)Property and Engineering Services Department,

(e)The Archives, Electoral Services, Land Charges and Mayor's Office Sections of the City Solicitor's and Secretary's Department,

(f)The Council Tax, Customer Services and National Non Domestic Rates and Recovery Sections of the City Treasurer's Department.

PART II

SCHEDULE 2(Employees of the Wansdyke District Council not transferring to the Bath and North East Somerset District Council)

Explanatory Note

(This note is not part of the Order)

This Order is supplemental to the Avon (Structural Change) Order 1995 which alters the structure of local government in the county of Avon. This Order specifies the staff employed by the Bath City Council or the Wansdyke District Council whose employment is to be transferred to the Bath and North East Somerset Council.