Joint Committee on Statutory Instruments Twenty-Ninth Report


APPENDIX III

Memorandum by the Department of the Environment, Transport and the Regions

KENT COUNTY COUNCIL (BOROUGH OF GILLINGHAM AND CITY OF ROCHESTER UPON MEDWAY) (STAFF TRANSFER) ORDER 1998 (S.I. 1998/449)

1. The Committee has asked for a Memorandum on the following point:

    Explain whether article 3(2) is intended to be a complete text. If some part of that provision has been unintentionally omitted, set out that part. If the text is complete, explain the purpose of the words from "in the case of an employee" to "designated list".

2. Article 3(2) is intended to be a complete text. The words from "in the case of an employee" to "designated list" emphasise that the Order affects the contracts of employment of those included in any of the sections of any of the three parts of the designated list. It is accepted that as all the employees in this particular case are transferred to the employment of the same local authority the legal effect of the Order would have been the same without these words.

3. As the Committee will have observed, there is an error as to layout - the inclusion of "(a)" and the sub-paragraphing in Article 3(2). Article 3(2) as originally drafted contained three sub-paragraphs - (a), (b) and (c). Regrettably, when two of these sub-paragraphs were removed the necessary consequential amendments were not made.

4. The Department regrets that the error occurred, accepts that it gives rise to doubts about the Order's completeness, but does not consider that it affects its validity.

31st March 1998


 
previous page contents

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1998
Prepared 27 April 1998