- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Ordnance Factories and Military Services Act 1984, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 4.
1U.K.Subject to paragraph 2, no scheme may provide for the transfer of rights or liabilities relating to a person’s employment.
2(1)This paragraph applies where a scheme contains provision under section 1(1)(a) [F1for a transfer that is a relevant transfer for the purposes of the 2006 regulations.].U.K.
(2)In their application to the transfer, the [F22006 regulations]shall not have effect so as to transfer any right to restrain the political activities of an employee or to dismiss an employee at pleasure, but (subject to that) the regulations shall have effect as nearly as the circumstances permit, having regard to the fact that the transfer is from Her Majesty or a Minister.
(3)The scheme may include provision that persons falling within sub-paragraph (4) shall be treated for the purposes of [F3the 2006 regulations as if, immediately before the appointed day, they were employed in the entity subject to the transfer] as if they were employed immediately before the appointed day in the undertaking or part.
(4)A person falls within this sub-paragraph if—
(a)he is employed in the civil service of the State immediately before the appointed day,
(b)in the Secretary of State’s opinion his connection [F4with the entity subject to the transfer] is such as to make it expedient to treat him for the purposes of [F5the 2006 regulations as if he were employed in the entity subject to the transfer], and
(c)he is prescribed for the purposes of this sub-paragraph.
(5)On the appointed day, any provision made by virtue of sub-paragraph (3) shall have effect in accordance with the scheme.
(6)Sub-paragraph (2) shall not affect any question as to the application or effect of the [F62006 regulations] in the case of—
(a)a transfer from Her Majesty or a Minister apart from this Act, or
(b)a transfer under a provision made by virtue of section 1(1)(b) or (c).
(7)In this paragraph—
“appointed day” means the day on which the scheme comes into force;
“prescribed” means specified or described in or determined in accordance with the scheme;
[F7“the 2006 regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.]
Textual Amendments
F1Words in Sch. 2 para. 2(1) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(2)
F2Words in Sch. 2 para. 2(2) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(3)
F3Words in Sch. 2 para. 2(3) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(4)
F4Words in Sch. 2 para. 2(4)(b) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(5)(a)
F5Words in Sch. 2 para. 2(4)(b) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(5)(b)
F6Words in Sch. 2 para. 2(6) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(3)
F7Words in Sch. 2 para. 2(7) substituted (6.4.2006 with application in accordance with reg. 21(1)) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 3(6)
3(1)Where a person employed in the civil service of the State is to become employed by a company, and would not do so if it were not for a scheme made under section 1(1), none of the agreed redundancy procedures applicable to persons employed in that service shall apply to him.U.K.
(2)Where—
(a)a person ceases to be employed in that service on becoming employed by a company, and
(b)he would not have so ceased if it were not for a scheme made under section 1(1),
he shall not, on so ceasing, be treated for the purposes of any scheme under section 1 of the M1Superannuation Act 1972 as having been retired on redundancy.
Marginal Citations
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys