The Local Government Area Changes Regulations 1976

Provision as to schemes

69.—(1) Any scheme made under regulation 67 or 68 or under any provision of the order shall allocate the officers covered by it on the basis of the likely needs of the services to be provided on and after the appointed day.

(2) In any scheme made under regulation 67 any arrangements made under section 101 or 110 of the Local Government Act 1972, or any direction given under the said section 110, shall be taken into account.

(3) In preparing any scheme under regulation 67 or 68 or under any provision of the order an authority shall—

(a)consult the authorities and bodies representative of officers appearing to them to be concerned; and—

(b)(i)notify any officer likely to be allocated for transfer otherwise than to the residuary successor of the authority of such likelihood and supply to him a copy of regulations 67 to 79; and

(ii)take into consideration any representations made by such officer.

(4) Upon making any such scheme an authority shall—

(a)transmit copies thereof to the authorities and bodies representative of officers appearing to them to be concerned; and

(b)notify every officer allocated of such allocation and (unless such copy has already been supplied) supply to him a copy of regulations 67 to 79.

(5) Any such scheme may be amended by the authority by whom it was made, but—

no substantive amendment shall be made in a matter in respect of which there has been no consultation under paragraph (3) with any authority or body representative of staff appearing to the first-mentioned authority to be concerned without such consultation; and

no officer shall be allocated for transfer unless the action described in paragraph (3)(b) has been taken in relation to him.

Upon making any amendment an authority shall—

(a)transmit copies of the scheme as amended or of the amendments to the authorities and bodies representative of officers appearing to them to be concerned; and

(b)notify every officer affected by the amendments of his allocation and (unless such copy has already been supplied) supply him with a copy of regulations 67 to 79.

(6) If notice is given by any authority that they are dissatisfied with the provisions of any such scheme as made or amended the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

Upon any determination which involves a variation of the scheme the authority by whom the scheme was made shall vary it in accordance with the determination and—

(a)transmit copies of the scheme as amended or of the amendments to the authorities and bodies representative of staff appearing to them to be concerned; and

(b)notify every officer affected by the variation of his allocation and (unless such copy has already been supplied) supply him with a copy of regulations 67 to 79.

(7) In the application of paragraph (2)(a), (3), (4), (5) or (6) of regulation 67, regulation 68 or any provision of the order to any authority, any allocation of a person not in the whole-time employment of the authority shall be limited to the extent of his employment with the authority.

(8) Any question by an officer of any authority in relation to the application of a scheme to him may be determined in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between the officer and the authority, and on the determination of such question by any body, any necessary amendment of the scheme shall be made by that body.

(9) No scheme made under any provision of the order shall extend to the officers specified in regulation 67(7).