The Local Authorities etc. (Miscellaneous Provision) (No. 3) Order 1975

Staff transfer and protection: Appeals

6.—(1) This article applies to—

(a) the matters set out in (i) to (iv), being matters as to which article 8 of the Water Authorities (Staff Protection and Transfer Schemes) Order 1974(1), articles 11(1), 12 and 13(9) and (10) of the Local Authorities etc. (Staff Transfer and Protection) Order 1974(2) and articles 7(1), 8 and 9(8) and (9) of the Transfer of Police Civilian Staff and Probation Staff Order 1974(3) provided for determination in accordance with the arrangements set out in the Memorandum on Machinery for Staff Appeals enclosed with Circular WSSC 13/74 (Water Services Staff Commission for England and Wales) dated 31st January 1974 and the Memorandum on Staff Appeals enclosed with Circular LGSC 15/73 (Local Government Staff Commission for England) LGSC(W) 12/73 (Local Government Staff Commission for Wales) dated 13th December 1973—

(i) any appeal by an officer to which article 8 of the order first mentioned, article 12 of the order secondly mentioned or article 8 of the order thirdly mentioned would, apart from the provision of this article, apply;

(ii) any question by an officer whether he was or was not employed in any manner specified in article 6 or 8 of the order secondly mentioned or article 4 of the order thirdly mentioned;

(iii) any question by an officer whether duties are reasonably comparable within the meaning of paragraph (6) of article 13 of the order secondly mentioned or paragraph (5) of article 9 of the order thirdly mentioned; and

(iv) any appeal by an officer in respect of new terms and conditions of employment; and

(b) the matters set out in (v) and (vi), being matters as to which the Memorandum secondly mentioned made arrangements for their determination—

(v) any question whether the duties of an officer appointed by a local authority before 1st April 1974 to hold any office or employment before or as from that date who, but for the appointment, would be transferred on 1st April 1974 under section 255 of the Local Government Act 1972 to the employment of any local authority are reasonably comparable to those in which he was engaged immediately before the appointment; and

(vi) any question in relation to the terms and conditions of the employment of such an officer.

(2) Any matter to which this article applies which has not on 17th November 1975 been lodged with a Water Staff Appeals Tribunal or a Staff Appeals Tribunal in accordance with the arrangements set out in the memoranda described in paragraph (1) shall be determined in accordance with the arrangements applicable to the determination of disputes between the officer concerned and the authority by whom he is employed.

(1)

(1974 I, p. 1409).

(2)

(1974 I, p. 1709).

(3)

(1974 I, p. 2173).