Greater London Authority Act 1999

265 Transfer of employees upon a highway becoming or ceasing to be a GLA road. E+W+S

After section 266A of the M1 Highways Act 1980 there shall be inserted—

“266B Transfer of employees upon a highway becoming or ceasing to be a GLA road.

(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

(2) The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment.

(3) The rights and liabilities which may be transferred by such a scheme include rights and liabilities which would not otherwise be capable of being transferred or assigned.

(4) Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

(5) Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority.

(6) For the purposes of Part XI of the M2 Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(7) For the purposes of that Act, the employee’s period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment.

(8) An order under this section shall be of no effect unless—

(a) it is made with the consent of the relevant highway authority; or

(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.

(9) For the purposes of subsection (8) above, the relevant highway authority is—

(a) in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and

(b) in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority.

(10) Section 266A(9) above also applies for the purposes of this section.”

Marginal Citations

M1 1980 c. 66.

M2 1996 c. 18.