The Local Government (Compensation for Redundancy) (Amendment) Regulations 1997

Amendments to the 1994 Regulations

2.  The 1994 Regulations are amended—

(a) in regulation 2—

(i) by inserting before the definition of “continuous employment” the following—

““a combined fire authority” means a fire authority constituted by a combination scheme made under the Fire Services Act 1947(1) for a combined area in England which comprises the areas of two or more authorities in respect of whom a relevant order is made.”;

(ii) in the definition of “prescribed period” by substituting for the words “the order under section 17 of the Local Government Act 1992” the words “the relevant order”;

(iii) by substituting for the definition of “relevant body” the following—

• ““relevant body” means—

  (a)

  in England, an authority in respect of whom a relevant order is made or a combined fire authority; and

  (b)

  in Wales, a body referred to in section 43(1)(a) of the Local Government (Wales) Act 1994(2) and, for the purposes of this definition, a National Park authority in Wales and the fire authorities constituted under the North Wales Fire Services (Combination Scheme) Order 1995(3), the Mid and West Wales Fire Services (Combination Scheme) Order 1995(4) and the South Wales Fire Services (Combination Scheme) Order 1995(5) shall be treated as if they were a body referred to in that section.”;

(iv) by inserting after the definition of “relevant disqualification” the following definition—

• ““relevant order” means—

  (a)

  in relation to a combined fire authority, the order under section 17 of the Local Government Act 1992(6)which affects the councils the combined areas of which comprise the fire authority area for that combined fire authority, and

  (b)

  in relation to any other relevant body in England, the order under section 17 of that Act which affects the structure or area of that body;”;

(b) in regulation 6(4)(b)(7), by inserting after the words “under section 39 of that Act” the words “or a fire authority”; and

(c) in regulation 7(8)—

(i) by inserting at the beginning of paragraph (3) the words “Subject to paragraph (4)”; and

(ii) by adding the following paragraph—

“(4) Paragraph (3) shall not apply where the successor relevant body is a fire authority.”.

(1)

1947 c. 41. (10 and 11 Geo. 6 c. 41); sections 5 and 6 were amended by the Local Government Act 1972 (c. 70), section 197(1) and Schedule 30 respectively and section 6 was further amended by the Local Government Act 1992 (c. 19), Schedule 3, paragraph 1.

(2)

1994 c. 19.

(3)

S.I. 1995/3218.

(4)

S.I. 1995/3229.

(5)

S.I. 1995/3230.

(6)

1992 c. 19.

(7)

Regulation 6 of the 1994 Regulations was substituted by S.I. 1996/456.

(8)

Regulation 7 of the 1994 Regulations was substituted by S.I. 1996/456.