Citation, commencement, and interpretation

1.—(1) This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010 and shall come in force on 15th April 2010.

(2) In this Order, “the principal Order” means the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999(2).

Amendments to Schedule 1 to the principal Order

2.  Schedule 1 to the principal Order (employment to which this Order applies: employers immediately before the relevant event) is amended in accordance with articles 3 to 9.

3.  In section 1 (local government)(3)—

(a)after paragraph 13 insert—

“13A.  A National Park Authority established under sections 6 to 8 of the National Parks (Scotland) Act 2000(4).”;

(b)for paragraph 16 substitute—

“16.  Audit Scotland(5).”;

(c)after paragraph 22 add—

“23.  Improvement Service Company(6).”.

4.  In section 2 (planning and development)(7)—

(a)after paragraph 41 insert—

“41A.  Olympic Park Legacy Company Limited(8).”; and

(b)after paragraph 51 insert—

“51A.  City Building (Glasgow) LLP(9).”.

5.  In section 3 (education), for paragraph 32 substitute—

“32.  Shetland Arts Development Agency(10).”.

6.  In section 6 (police, fire and civil defence)(11), after paragraph 3 add—

“4.  A company the members of which comprise fire and rescue authorities(12) in England and whose objects include the operation of a regional fire control centre.”.

7.  In section 8 (social services)(13), after paragraph 1 insert—

“1ZA.  Essex Cares Limited(14).

1ZB.  Essex Community Support Limited (15).

1ZC.  Essex Employment and Inclusion Limited(16).

1ZD.  Essex Equipment Services Limited(17).”.

8.  In section 9 (museums), after paragraph 7 add—

“8.  Woodhorn Charitable Trust(18).”.

9.  In section 10 (miscellaneous bodies)(19)—

(a)after paragraph 5A insert—

“5B.  A community justice authority under section 3 of the Management of Offenders (Scotland) Act 2005(20).

5C.  Active Stirling Limited(21).

5D.  Ardroy Outdoor Learning Trust(22).

5E.  Arts and Theatres Trust Fife Limited(23).”;

(b)after paragraph 6C insert—

“6D.  City Markets (Glasgow) LLP(24).

6E.  City Parking (Glasgow) LLP(25).

6F.  City Property (Glasgow) LLP(26).”;

(c)after paragraph 8 insert—

“8AA.  Cordia (Services) LLP(27).”;

(d)after paragraph 8B insert—

“8C.  Culture and Sport Glasgow(28).

8D.  Culture and Sport Glasgow (Trading) C.I.C.(29).”;

(e)after paragraph 9AA insert—

“9B.  Enjoy East Lothian Limited(30).”;

(f)after paragraph 10 insert—

“10A.  Fife Coast and Countryside Trust(31).

10B.  Fife Sports and Leisure Trust Limited(32).

10C.  Forth Valley GIS Limited(33).

10D.  Glasgow Community and Safety Services Limited(34).”;

(g)after paragraph 19 insert—

“19ZA.  North Lanarkshire Leisure Limited(35).

19ZB.  Nuneaton and Bedworth Leisure Trust(36).”;

(h)after paragraph 19A insert—

“19AA.  Pendle Leisure Limited (37).”;

(i)after paragraph 19C insert—

“19CA.  Sandwell Arts Trust (38).”;

(j)after paragraph 22A insert—

“22B.  Somerset Leisure Limited (39).”; and

(k)after paragraph 23 insert—

“23A.  Sport Aberdeen(40).”.

Amendments to Schedule 2 to the principal Order

10.  Part 2 of Schedule 2 to the principal Order (employers with whom employment may constitute relevant service) is amended in accordance with articles 10 and 11.

11.  In section 2 (local government), after paragraph 14 add—

“15.  The Accounts Commission for Scotland(41).”.

12.  In section 4 (education), after paragraph 19 insert—

“19A.  Shetland Arts Trust(42).”.

13.  In section 9 (miscellaneous)(43), after paragraph 7 insert—

“7A.  The Traffic Director for London(44).”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Redundancy Payments (Continuity of Employment in Local Government, etc.)(Modification) Order 1999 (“the principal Order”).

Part 1 of Schedule 2 to the principal Order modifies sections 146, 155 and 162 of the Employment Rights Act 1996 (“the 1996 Act”). These sections concern entitlement to redundancy payments under the 1996 Act. Section 146 of the 1996 Act is modified so that, when the principal Order applies, the references in sections 138 and 141 of the 1996 Act to re-engagement by an employer or an offer from an employer include re-engagement or an offer from any employer specified in Part 2 of Schedule 2 to the principal Order. Sections 155 and 162 of the 1996 Act are amended so that, when the principal Order applies, the phrase “continuously employed” in those sections is substituted by “employed in relevant service”. “Relevant service” is defined in those sections as continuous employment with one, or successive employment with two or more, employers specified in Part 2 of Schedule 2 to the principal Order. The principal Order applies to any person who immediately before the occurrence of a relevant event is employed by an employer in Schedule 1 to the principal Order. A “relevant event” is defined as any event by which a person may become entitled to a redundancy payment under the 1996 Act. Any employer specified in Schedule 1 to the principal Order is also specified in Part 2 of Schedule 2 to the principal Order.

Articles 3 to 9 amend Schedule 1 to the principal Order. Three new employers are added to section 1 (local government); the Accounts Commission for Scotland is substituted by Audit Scotland; two new employers are added to section 2 (planning and development); in section 3 (education) Shetland Arts Trust is substituted by the Shetland Arts and Development Agency; one new employer is added to section 6 (police, fire and civil defence); Four new employers are added to section 8 (social services); one new employer is added to section 9 (museums) and twenty-one new employers are added to section 10 (miscellaneous bodies);

Articles 11 to 13 amend Part 2 of Schedule 2 to the principal Order. The Accounts Commission for Scotland is added to section 2 (local government). Shetland Arts Trust is added to section 4 (education), and the Office of the Traffic Director for London is added to section 9 (miscellaneous).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Department for Communities and Local Government website (http://www.communities.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.