London Government Act 1963

85 Transfer and compensation of officers. E+W

(1) Any order under section . . . F1 84 of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order, the holder of any place, situation or employment and who is affected by any provision of, or of any instrument made under, this Act, and shall contain provisions for the protection of the interests of such persons.

(2) In the case of any person who on 31st March 1965 is in the employment of one or more local authorities who are or include a council to whom section 3 (1) (b) of this Act applies, being employment which, or which in the aggregate, is wholetime employment, the Minister shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 3 (1) (b), that person would apart from the order cease on 1st April 1965 to be in employment which, or which in the aggregate, would be wholetime employment by one or more local authorities, that person is transferred on 1st April 1965 to the employment of such local authority as may be specified in or determined under the order.

(3) The provision required by subsection (1) or (2) of this section . . . F2 shall include such provision with respect to any person who is transferred under this Act . . . F2 from the employment of one authority to that of another as to secure that—

(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing of new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those he enjoyed immediately before the date of transfer; and

(b) the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment,

are not less favourable than those he enjoyed immediately before the date of transfer.

(4) The appropriate Minister shall by regulations make provision for the payment by such authority as may be prescribed by or determined under the regulations, but subject to such exceptions or conditions as may be so prescribed, of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such place, situation or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act . . . ; and any such regulations—

(a) may include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations; and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F2 Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s.3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6

F3 S. 85(5) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

Modifications etc. (not altering text)

C1 S. 85(4) amended by Pensions (Increase) Act 1971 (c. 56), s. 5(1), Sch. 2 paras. 23, 33, 52, 55