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Local Government Bill


Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    59

 

 101   Staff transfer matters: pensions

     (1)    The appropriate person shall exercise his power to give directions under

section 100(1) so as to secure that where a local authority is contracting with a

person (“the contractor”) for the provision of services that are to be provided

under a contract instead of by employees of the authority, it does so on terms—

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           (a)           that require the contractor, in the event of there being any transferring

employees, to secure pension protection for each of them, and

           (b)           that, so far as relating to the securing of pension protection for a

transferring employee, are enforceable by the employee.

     (2)    For the purposes of subsection (1)—

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           (a)           “transferring employee” means an employee of the authority whose

contract of employment becomes, by virtue of the application of the

TUPE regulations in relation to what is done for the purposes of

carrying out the contract between the authority and the contractor, a

contract of employment with someone other than the authority, and

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           (b)           “pension protection” is secured for a transferring employee if after that

change in his employer he has, as an employee of his new employer,

rights to acquire pension benefits and those rights—

                  (i)                 are the same as, or

                  (ii)                under the directions count as being broadly comparable to or

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better than,

                         those that he had as an employee of the authority.

     (3)    The appropriate person shall exercise his power to give directions under

section 100(1) so as to secure that where—

           (a)           a local authority has contracted with a person (“the first contractor”) for

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the provision of services,

           (b)           the application of the TUPE regulations in relation to what was done for

the purposes of carrying out the contract between the authority and the

first contractor resulted in employees of the authority (“the original

employees”) becoming employees of someone other than the authority,

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and

           (c)           the authority is contracting with a person (“the subsequent contractor”)

for the provision of any of the services,

            the authority contracts with the subsequent contractor on terms satisfying the

requirements of subsection (4).

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     (4)    Those requirements are that the terms—

           (a)           require the subsequent contractor, in the event of there being any

transferring original employees, to secure pension protection for each

of them, and

           (b)           so far as relating to the securing of pension protection for an original

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employee, are enforceable by the employee.

     (5)    For the purposes of subsection (4)—

           (a)           “transferring original employee” means an original employee—

                  (i)                 whose contract of employment becomes, by virtue of the

application of the TUPE regulations in relation to what is done

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for the purposes of carrying out the contract between the

authority and the subsequent contractor, a contract of

employment with someone other than his existing employer,

and

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    60

 

                  (ii)                whose contract of employment on each occasion when an

intervening contract was carried out became, by virtue of the

application of the TUPE regulations in relation to what was

done for the purposes of carrying out the intervening contract,

a contract of employment with someone other than his existing

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employer;

           (b)           “pension protection” is secured for a transferring original employee if

after the change in his employer mentioned in paragraph (a)(i) he has,

as an employee of his new employer, rights to acquire pension benefits

and those rights—

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                  (i)                 are the same as, or

                  (ii)                under the directions count as being broadly comparable to or

better than,

                         those that he had before that change.

     (6)    In subsection (5)(a)(ii), “intervening contract” means a contract with the

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authority for the provision, at times after they are provided under the contract

with the first contractor and before they are to be provided under a contract

with the subsequent contractor, of the services to be provided under the

contract with the subsequent contractor.

     (7)    Any expression used in this section, and in the TUPE regulations, has in this

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section the meaning that it has in the TUPE regulations.

     (8)    In this section—

                    “appropriate person”, in relation to Scotland, means the Scottish

Ministers;

                    “local authority”—

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                  (a)                 in relation to England and Wales, means a local authority for the

purposes of section 1(1)(a) of the Local Government Act 1999

(c. 27) (local authorities in England and Wales that are best

value authorities), and

                  (b)                                     in relation to Scotland, means a council constituted under

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section 2 of the Local Government etc. (Scotland) Act 1994

(c. 39);

                    “the TUPE regulations” means the Transfer of Undertakings (Protection

of Employment) Regulations 1981 (S.I. 1981/1794), or any regulations

replacing those regulations, as from time to time amended.

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2004 local government elections

 102   Power to change date of elections in England

     (1)    The Secretary of State may by order provide that in 2004—

           (a)           the ordinary day of election of councillors for—

                  (i)                 all local government areas in England, or

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                  (ii)                all local government areas in England, except parishes, and

           (b)           the day on which the poll is to be held at the second ordinary election

under the Greater London Authority Act 1999 (c. 29),

            shall be changed so as to be the same as the date of the poll at the European

Parliamentary general election.

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Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    61

 

     (2)    Where the Secretary of State makes an order under subsection (1), he may by

order—

           (a)           make provision modifying, in relation to elections in England in 2004—

                  (i)                 section 89(1) or (2) of the Local Government Act 1972 (c. 70)

(holding of elections to fill casual vacancies in the office of

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councillor for a principal area), or

                  (ii)                rules made for the purposes of section 89(6) of that Act (which

provides for casual vacancies in the office of parish councillor to

be filled in accordance with rules under section 36 of the

Representation of the People Act 1983 (c. 2));

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           (b)           make provision disapplying section 16(1) of the Representation of the

People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an

election of parish councillors where the date of the poll at a European

Parliamentary general election and the ordinary day of election for

councillors in England and Wales are the same) in relation to elections

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in England in 2004;

           (c)           make such provision as he thinks fit for the purpose of enabling the

annual meeting in 2004 of an authority to which subsection (3) applies

to be held after the date of the poll at the European Parliamentary

general election.

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     (3)    This subsection applies to—

           (a)           any of the following for which 2004 is not a year of ordinary elections

of councillors to the council—

                  (i)                 a county council in England,

                  (ii)                a district council, and

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                  (iii)               a parish council;

           (b)           an authority established by Part 4 of the Local Government Act 1985

(c. 51) (joint authorities);

           (c)           a police authority established under section 3 of the Police Act 1996

(c. 16);

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           (d)           the Metropolitan Police Authority.

     (4)    Where the National Assembly for Wales makes an order under section 103, the

Secretary of State may by order make in relation to elections in England such

consequential provision, including provision excluding or modifying the

application of any enactment, as he thinks fit.

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     (5)    Before making an order under this section, the Secretary of State must

consult—

           (a)           the Electoral Commission, and

           (b)           such other persons or bodies as he considers appropriate.

     (6)    Subsection (5) may be satisfied by consultation before, as well as by

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consultation after, the commencement of this section.

     (7)    In subsection (1)—

                    “local government area” has the same meaning as in the Representation of

the People Act 1983;

                    “ordinary election” is to be read in accordance with section 2(7) of the

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Greater London Authority Act 1999 (c. 29).

     (8)    In subsection (4) “enactment” includes an enactment comprised in secondary

legislation within the meaning of the Interpretation Act 1978 (c. 30).

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    62

 

 103   Power to change date of elections in Wales

     (1)    The National Assembly for Wales may by order provide that in 2004 the

ordinary day of election of councillors for—

           (a)           all local government areas in Wales, or

           (b)           all local government areas in Wales, except communities, or

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           (c)           all communities,

            shall be changed so as to be the same as the date of the poll at the European

Parliamentary general election.

     (2)    Where the Assembly makes an order under subsection (1), it may by order—

           (a)           make provision modifying, in relation to elections in Wales in 2004—

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                  (i)                 section 89(1) or (2) of the Local Government Act 1972 (c. 70)

(holding of elections to fill casual vacancies in the office of

councillor for a principal area), or

                  (ii)                rules made for the purposes of section 89(6) of that Act (which

provides for casual vacancies in the office of community

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councillor to be filled in accordance with rules under section 36

of the Representation of the People Act 1983 (c. 2));

           (b)           make provision disapplying section 16(1) of the Representation of the

People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an

election of community councillors where the date of the poll at a

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European Parliamentary general election and the ordinary day of

election for councillors in England and Wales are the same) in relation

to elections in Wales in 2004.

     (3)    Where the Secretary of State makes an order under section 102, the National

Assembly for Wales may by order make in relation to elections in Wales such

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consequential provision, including provision excluding or modifying the

application of any enactment, as it thinks fit.

     (4)    Before making an order under this section, the National Assembly for Wales

must consult—

           (a)           the Electoral Commission, and

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           (b)           such other persons or bodies as it considers appropriate.

     (5)    Subsection (4) may be satisfied by consultation before, as well as by

consultation after, the commencement of this section.

     (6)    In subsection (1), “local government area” has the same meaning as in the

Representation of the People Act 1983.

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     (7)    In subsection (3) “enactment” includes an enactment comprised in secondary

legislation within the meaning of the Interpretation Act 1978 (c. 30).

Valuation Tribunal Service

 104   The Valuation Tribunal Service

     (1)    There shall be a body corporate to be known as the Valuation Tribunal Service

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(referred to in this section, section 105 and Schedules 4 and 5 as “the Service”).

     (2)    The Service shall have the following functions in relation to valuation tribunals

in England—

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    63

 

           (a)           providing, or arranging for the provision of, the services required for

the operation of tribunals, in particular—

                  (i)                 accommodation,

                  (ii)                staff (including clerks to tribunals),

                  (iii)               information technology,

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                  (iv)                equipment, and

                  (v)                 training for members and staff of (including clerks to) tribunals;

           (b)           giving general advice about procedure in relation to proceedings before

tribunals.

     (3)    The Service shall provide the Secretary of State with such information, advice

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and assistance as he may require.

     (4)    The Service may do anything which it considers is calculated to facilitate, or is

conducive or incidental to, the carrying-out of its functions.

     (5)    The Service shall carry out its functions with respect to valuation tribunals in

the manner which it considers best calculated to secure their efficient and

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independent operation.

     (6)    The Service shall, in relation to its functions with respect to valuation tribunals,

consult the tribunals concerned about the carrying-out of its functions.

     (7)    The Secretary of State may—

           (a)           after consultation with the Service, give directions to it for the purpose

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of securing the effective carrying-out of its functions, and

           (b)           issue guidance to the Service about the carrying-out of its functions.

     (8)    The Service shall, in carrying out its functions—

           (a)           comply with any directions under subsection (7)(a), and

           (b)           have regard to any guidance under subsection (7)(b).

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     (9)    Schedule 4 (which makes further provision about the Service) has effect.

 105   Transfer to Service of property, rights and liabilities

     (1)    The Secretary of State may make one or more schemes for the transfer to the

Service of—

           (a)           such of his property, rights and liabilities, or

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           (b)           such of the property, rights and liabilities of a valuation tribunal in

England,

            as appear to him to be appropriate to be transferred for the performance of the

Service’s functions.

     (2)    On the day appointed by a transfer scheme for the coming into force of the

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scheme, the property, rights and liabilities which are the subject of the scheme

shall, by virtue of this subsection, be transferred in accordance with the

provisions of the scheme.

     (3)    Schedule 5 (which makes further provision in relation to transfer schemes) has

effect.

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