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The Local Government (Magistrates' Courts etc.) Order 1986

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Redundancy and compensation payments

7.—(1) Section 59 of the 1985 Act shall have effect in relation to a person who, immediately before 1st April 1986, is in the service of an existing magistrates' courts committee under a contract of employment which would have continued but for the dissolution of that committee under Article 3 above and who is not designated under section 52 of that Act as it has effect under Article 4 above as it does in relation to a person who immediately before that date is in the service of the Greater London Council under a contract of employment which would have continued but for the abolition of the council and who is not designated under section 52 of the 1985 Act as if the reference in subsection (4) of the said section 59 to 2nd March 1984 were a reference to 1st January 1986.

(2) In paragraph (1) above, the reference to a person in the service of an existing magistrates' courts committee under a contract of employment includes a person appointed by such a committee and, in relation to such a person, in section 59 of the 1985 Act as it has effect under paragraph (1) above—

(a)references to a contract of employment shall be taken to be references to the terms and conditions of his appointment;

(b)the reference to a person's employment in subsection (4) of that section shall be taken to be a reference to his holding the appointment;

(c)references in subsections (4) and (5) of that section to compensation for loss of employment shall be taken to be compensation for the cessation of his appointment,

and such a person who, immediately before 1st April 1986, is not an employee of the committee for purposes of the 1978 Act shall be treated for those purposes as if he were then such an employee under a contract of employment whose terms and conditions were identical to the terms and conditions of his appointment.

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