Employment Protection Act 1975

Section 115.

SCHEDULE 14 Amendments of the [1973 c. 50.] Employment and Training Act 1973

1 For section 1(7) substitute the following subsections—

“(7) The functions of the Commission and of the Agencies and of their officers and servants shall be performed on behalf of the Crown.

(8) For the purposes of any civil proceedings arising out of those functions, the Crown Proceedings Act 1947 and the Crown Suits (Scotland) Act 1857 shall apply to the Commission and the Agencies as if they were government departments within the meaning of the said Act of 1947 or, as the case may be, public departments within the meaning of the said Act of 1857.”

2 (1) In section 5(1), for the words from " providing " onwards substitute—

“(a) providing temporary employment for persons in Great Britain who are without employment;

(b) securing a temporary continuation of employment for persons in Great Britain who in his opinion would otherwise be likely to be dismissed by reason of redundancy ; and

(c) obtaining employment for any description of persons in Great Britain who in his opinion would, because of their special circumstances and a high or increasing level of unemployment in Great Britain, otherwise have or be likely to have difficulty in obtaining employment;

and any such arrangements may include arrangements for the making by the Secretary of State of payments by way of grant or loan to employers or other persons in order to facilitate the carrying out of the arrangements.”.

(2) Paragraphs (b) and (c) of the said section 5(1) shall cease to have effect on the expiration of the period of eighteen months beginning with the commencement of this paragraph unless continued in force by an order under this paragraph.

(3) The Secretary of State may by order—

(a) provide that the said paragraph (b) or the said paragraph (c) or both paragraphs, shall continue in force for a period not exceeding twelve months from the expiration of the period mentioned in sub-paragraph (2) above; and

(b) from time to time extend or further extend the period for which either or both of those paragraphs is or are to continue in force by a further period not exceeding twelve months.

(4) Any arrangements made before the expiration of the said paragraph (b) or (c) shall continue in force after its expiration and may be enforced and otherwise implemented accordingly.

(5) No order shall be made under this paragraph unless a draft of the order is laid before and approved by a resolution of each House of Parliament.

3 After section 13(1) insert the following subsection:—

“(1A) Any reference in this Act to redundancy shall be construed as a reference to the existence of one or other of the facts specified in section 1(2)(a) and (b) of the Redundancy Payments Act 1965.”.

4 In Schedule 1, after paragraph 10 insert the following paragraph:—

“10A The Commission shall pay to the Minister for the Civil Service, at such times in each accounting year as may be determined by that Minister subject to any directions of the Treasury, sums of such amounts as he may so determine for the purposes of this paragraph as being equivalent to the increase during that year of such liabilities of his as are attributable to the provision of pensions, allowances or gratuities to or in respect of persons who are or have been in the service of the Commission in so far as that increase results from the service of those persons during that accounting year and to the expense to be incurred in administering those pensions, allowances or gratuities.”.

5 In paragraph 13 of Schedule 1 for the words " or employee " substitute the words " , officer or servant ".

6 The following provisions and passages are hereby repealed:—

• Section 7.

• In section 13(1), in the definition of " employee" the words " , except in Schedule 1, ", and in the definition of " employ-ployment " the words " , except in section 7 and Schedule 1, ".

• Section 13(5).

• In section 15(3), the references to paragraphs 5 and 13 of Schedule 3.

• In Schedule 1, in paragraph 10(1) the words from " and any " to the end, paragraphs 10(2), 11, 12 and 16.

• In Schedule 3, paragraphs 5 and 13.