Search Legislation

Local Government Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 101

 Help about opening options

Version Superseded: 01/04/2008

Status:

Point in time view as at 01/04/2006. This version of this provision has been superseded. Help about Status

Changes to legislation:

Local Government Act 2003, Section 101 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

101Staff transfer matters: generalE+W+S
This section has no associated Explanatory Notes

(1)In exercising a power to contract with a person for the provision of services, a best value authority (in Scotland, a relevant authority) must—

(a)deal with matters affecting—

(i)who will be the employer of existing staff if a contract is entered into and carried out, or

(ii)what will be the terms and conditions of employment of existing staff, or the arrangements for their pensions, if their employer changes as a result of a contract being entered into and carried out,

in accordance with directions given to it by the appropriate person;

(b)have regard to guidance issued to it by the appropriate person on matters relating to the employment or pensions of existing staff.

(2)In subsection (1), references to existing staff, in relation to a contract for the provision of services, are to staff who before the contract is carried out are engaged in the provision of any of the services.

(3)Where the provision of any services under a contract with a best value authority (in Scotland, a relevant authority) for their provision is to cease in circumstances where they are to be provided instead by members of the authority’s staff, the authority shall comply with directions given to it by the appropriate person for the purpose of requiring it to offer employment to staff who, before the services cease to be provided under the contract, are engaged in the provision of any of the services.

(4)The duties under Part 1 of the Local Government Act 1999 (c. 27) (best value) of a best value authority have effect subject to subsections (1) and (3).

(5)The duties under sections 1 and 2 of the Local Government in Scotland Act 2003 (asp 1) (best value) of a relevant authority have effect subject to subsections (1) and (3).

(6)Directions given, or guidance issued, for the purposes of subsection (1) or (3)—

(a)may be addressed to—

(i)all best value authorities (or, as the case may be, relevant authorities), or

(ii)authorities of a particular description;

(b)may be different for different cases or authorities.

(7)For the purposes of this section, the Secretary of State is the “appropriate person” in relation to a best value authority in Wales that is—

(a)a police authority established under section 3 of the Police Act 1996 (c. 16), or

(b)[F1a fire authority constituted by a combination scheme.]

(8)In this section—

  • appropriate person”, in relation to Scotland, means the Scottish Ministers; and

  • relevant authority” means—

    (a)

    a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

    (b)

    the Strathclyde Passenger Transport Authority, or

    (c)

    any other body to which Part 1 of the Local Government in Scotland Act 2003 (asp 1) (best value and accountability) applies.

Textual Amendments

F1S. 101(7)(b) repealed (E.W.) (1.10.2004 except in relation to W. otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 103, 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I1S. 101 in force at 18.11.2003 so far as relating to E. and so far as relating to a best value authority in W. mentioned in s. 101(7) by S.I. 2003/2938, art. 2(b) (with art. 8, Sch.)

I2S. 101 in force at 27.11.2003 so far as relating to a best value authority in W., other than one mentioned in s. 101(7) by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?