Statutory Instruments
CHILDREN AND YOUNG PERSONS
Made
29th March 1973
Coming into Operation
1st April 1973
The Secretary of State for Social Services in exercise of his powers under section 46 of the Children and Young Persons Act 1969 and of all other powers enabling him in that behalf, hereby makes the following order:—
1. This order may be cited as the Cessation of Approved Institutions (Remand Homes) Order 1973, and shall come into operation on 1st April 1973.
2.—(1) In this order unless the context otherwise requires—
“remand home” means
“the specified date” means
“the Schedule” means
“a protected person” means
“the tribunal” means
“approved institution”
(2) Planning areas numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 are those areas designated in the Schedule to the Children and Young Persons (Planning Areas) Order 1970(1).
(3) The Interpretation Act 1889 shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament.
3. It having appeared to the Secretary of State that in consequence of the establishment of community homes in any planning area mentioned in column 1 of the Schedule the remand homes mentioned in column 2 of the Schedule and provided by the local authority or authorities in column 3 of the Schedule are no longer required, he hereby orders that the said remand homes shall cease to be approved institutions as from the specified date.
4.—(1) A protected person shall, until he is served with a statement in writing referring to this order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before the specified date.
(2) Any new terms and conditions of employment contained in such a statement as aforesaid shall be such that—
(a)so long as the person is engaged in duties reasonably comparable to those in which he was engaged immediately before the specified date, the scale of his salary or remuneration, and
(b)the other terms and conditions of his employment, shall not be less favourable than those he enjoyed immediately before the specified date.
(3) Any question whether duties are reasonably comparable or whether terms and conditions of employment are less favourable as mentioned in paragraph (2) of this article shall be determined by the tribunal.
(4) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1972 shall not be regarded as a statement of new terms and conditions of employment for the purposes of this article unless the statement so indicates; and such a statement for the purposes of this article shall draw the attention of the person concerned to his right to have any question as to comparability of duties or terms and conditions of employment determined in accordance with the preceding paragraph and give him the address to which the reference to any such questions for determination should be sent.
(5) For the purposes of this article any reference to terms and conditions of employment includes a reference to any restriction, arising under any Act or any instrument made under any Act, on the termination of the employment of any person.
(6) Any determination made by the tribunal as provided under paragraph (3) of this article shall be made in accordance with the Industrial Tribunals (Industrial Relations, etc.) Regulations 1972(2) and this order, and in respect of any hearing of the tribunal for the purposes of any such determination a person or persons may be appointed to sit with the tribunal as assessor or assessors.
(7) Any determination of the tribunal as mentioned in paragraph (6) of this article shall, subject to any modifications that may be required in consequence of any appeal from that determination on a point of law, be given effect to by the council employing the protected person.
Signed by authority of the Secretary of State for Social Services.
M. G. Russell
Assistant Secretary
Department of Health and Social Security
29th March 1973
Article 3
| 1 | 2 | 3 |
|---|---|---|
| Planning Area | Remand Home | Local authority or authorities |
| No. 1 | Farndale Road | The Council of the County Borough of Teesside |
| Mill House | The County Council of Cumberland | |
| Penshaw House | The County Council of Durham | |
| Seaham | The Council of the County Borough of Sunderland | |
| No. 2 | Ashbank | The Council of the County Borough of York |
| The Moss | The Council of the County Borough of Sheffield | |
| Shirecliffe House | The Council of the County Borough of Sheffield | |
| Spring Cottage | The Council of the County Borough of Kingston-upon-Hull | |
| Tong Park House | The County Council of Yorkshire, West Riding | |
| Westwood Grange | The Council of the County Borough of Leeds | |
| Whinmoor | The Council of the County Borough of Leeds | |
| Woodside | The Council of the County Borough of Kingston-upon-Hull | |
| No. 3 | Burford | The Council of the County Borough of Manchester |
| Derwent House | The Council of the County Borough of Liverpool | |
| High Bank | The County Council of Cheshire | |
| Ravenscroft | The County Council of Lancashire | |
| Red Sands | The County Council of Cheshire | |
| Rose Hill | The Council of the County Borough of Manchester | |
| Slynedales | The County Council of Lancashire | |
| Wood End | The County Council of Lancashire | |
| Woolton Vale | The Council of the County Borough of Liverpool | |
| No. 4 | Field House | The Council of the County Borough of Birmingham |
| Forhill House | The Council of the County Borough of Birmingham | |
| Saltwells | The Council of the County Borough of Dudley | |
| Welland | The County Council of Worcestershire | |
| The Wissage | The County Council of Staffordshire | |
| No. 5 | Ashley House | The County Council of Nottinghamshire |
| Beechwood | The Council of the County Borough of Nottingham | |
| The Cedars | A Joint Committee of the County Council of Derbyshire and the Council of the County Borough of Derby | |
| Enderleigh | The Council of the County Borough of Nottingham | |
| Saxon House | The County Council of Lincolnshire, Parts of Lindsey | |
| Watkin Lodge | The Council of the County Borough of Grimsby | |
| Woodlands | The Council of the County Borough of Leicester | |
| No. 6 | Boyles Court | The County Council of Essex |
| Bramerton Lodge | The County Council of Norfolk | |
| Newport House | The County Council of Essex | |
| No. 7 | Heyford Hill House | The County Council of Oxfordshire |
| Oxenden House | The County Council of Bedfordshire | |
| Thornbury House | The County Council of Oxfordshire | |
| No. 8 | Cumberlow Lodge | The Council of the London Borough of Lambeth |
| Little Health Lodge | The Council of the London Borough of Newham | |
| Middlesex Lodge | The Council of the London Borough of Hillingdon | |
| Milton House | The Council of the London Borough of Croydon | |
| St. Nicholas House | The Council of the London Borough of Enfield | |
| Stamford House | The Council of the London Borough of Hammersmith | |
| No. 9 | Beechfield | The County Council of West Sussex |
| Green Acre | The County Council of Kent | |
| Harrietsham | The County Council of Kent | |
| Pentlands | The County Council of Surrey | |
| Stonepound House | The County Council of East Sussex | |
| No. 10 | Ashbourne Lodge | The County Council of Hampshire |
| Glen House | The Council of the County Borough of Portsmouth | |
| Red Hatch | The County Council of Hampshire | |
| No. 11 | Brooklands | The County Council of Somerset |
| Fullaford House | The County Council of Devon | |
| Horfield Lodge | The Council of the County Borough of Bristol | |
| Parklands | The Council of the County Borough of Plymouth | |
| No. 12 | Crick House | A Joint Committee of the County Council of Glamorgan, the County Council of Monmouthshire and the Council of the County Borough of Newport |
| Rheanfa | The Council of the County Borough of Swansea | |
| The Rise | The Council of the County Borough of Cardiff | |
| Sully | The County Council of Glamorgan |
This Order makes provision for the cessation as approved institutions of certain remand homes and for the protection of the staff of such homes after they have become community homes.
(1970 I, p. 1220).
(1972 I, p. 91).