The Armed Forces Museums (Designation of Institutions) No. 2 Order 1984

Statutory Instruments

1984 No. 1850

MUSEUMS AND GALLERIES

The Armed Forces Museums (Designation of Institutions) No. 2 Order 1984

Made

26th November 1984

Laid before Parliament

28th November 1984

Coming into Operation

19th December 1984

Whereas the institutions specified in this Order are of a kind mentioned in section 30(1) of the National Heritage Act 1983 (“the 1983 Act”) and were, immediately before the making of this Order, staffed by persons at least one of whom was employed in the civil service of the State;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 31(1) of the 1983 Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Armed Forces Museums (Designation of Institutions) No. 2 Order 1984 and shall come into operation on the 19th December 1984.

Designation of institutions

2.  For the purposes of section 31 of the 1983 Act there are hereby designated, as institutions to which Schedule 2 of that Act shall have effect, the following institutions:—

• The charity established by deed of trust dated 4th October 1973 as “the Portsmouth Royal Naval Museum”.

• The charity established by deed of trust dated 11th September 1963 as “the Submarine Branch Collection”.

Michael Heseltine

One of Her Majesty's Principal Secretaries of State

Dated 26th November 1984

EXPLANATORY NOTE

By Schedule 2 to the National Heritage Act 1983 the governing body of an institution, which has been duly designated by the Secretary of State under that Act, is required to offer, by such date as the Secretary of State may determine, employment to each person who was immediately before the date of designation employed in the civil service of the State for the purposes of that institution.

The terms of employment offered have to be such, that taken as a whole, they are no less favourable to the employee than those held by him in the civil service, and the offer has to remain open for 3 months. If the person does so change his employment he then enjoys continuity of employment and his employment with the designated institution is included as one to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and the Schedule to that Act is accordingly construed as if it included a reference to the institution. Disputes as to whether terms taken as a whole are less favourable may be referred to the industrial tribunal.

The institution may not be designated unless is satisfies the conditions provided for by section 31 of the Act that it has as a main object the collection, exhibition or retention of articles relating to the history and traditions of some section of the armed forces of the Crown, and that immediately prior to designation at least one of its staff was employed in the civil service.

This Order effects the necessary designation in the case of the Portsmouth Royal Naval Museum and the Royal Navy Submarine Museum.