The London Authorities (Transfer of Housing Estates etc.) (No. 1) Order 1972

Transfer of staff

17.—(1) Any officer of the Greater London Council described in Part I of Schedule 2 to this order shall, on the relevant date, be transferred to the employment of the transferee authority.

(2) In Part I of Schedule 2, references to employment are references to such employment on the day preceding the relevant date.

18.—(1) The Greater London Council shall notify to each transferee authority the number of officers employed on maintenance operations within each class described in Part II of Schedule 2 to this order who are available for transfer to that authority.

(2) On receipt of a notification under paragraph (1), the transferee authority shall inform the Greater London Council of the number in each such class (not exceeding that notified) acceptable to the authority for such transfer.

(3) In respect of each transferee authority, the Greater London Council shall notify the accepted number of officers of each class described as aforesaid of their intended transfer to that authority.

(4) Any officer notified by the Greater London Council under the last foregoing paragraph shall, on the relevant date, be transferred to the employment of the transferee authority.

(5) Where, before the transfer of any officer under this article, that officer resigns from the service of the Greater London Council, that Council shall notify another officer of the like description, and paragraph (4) shall apply to such officer as it applied to the first-mentioned officer:

Provided that nothing in this paragraph shall apply where there is no such officer of the Greater London Council who would be surplus to the requirements of the Council after the date of transfer.

19.—(1) Where, immediately before the relevant date, any officer has not taken up the duties of his employment he shall be deemed, in the application of article 17 or 18, to be discharging such duties, and to be employed in connection with the area of housing accommodation at which he would be employed if he had taken up such duties.

(2) Where any officer is, immediately before the relevant date, absent from his normal duties for the purpose of undergoing training, article 17 or 18 shall apply—

(i)if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, immediately before the relevant date, occupying such different place, situation or employment;

(ii)otherwise, as if he was, immediately before the relevant date, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training.

(3) Where any officer is, immediately before the relevant date, absent from his normal duties otherwise than for the purpose of undergoing training he shall be deemed, in the application of article 17 or 18, to be discharging such duties, and to be discharging them in connection with the area of housing accommodation at which he normally discharges them.

20.—(1) Any question whether an officer is employed in the manner described in article 17 or 18 shall be determined by a tribunal established under section 12 of the Industrial Training Act 1964. References to such tribunal may be made as soon as may be and in any case not later than the day preceding the relevant date.

(2) Where any question that an officer is not, or is, employed in the manner described as aforesaid is outstanding on the relevant date the officer shall not be transferred until the expiration of the second week following that in which the decision of the tribunal is notified.