Employment in Local Government etc.

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Fife Council August 2010 Page 1 of 15 RS55

Employment in Local

Government etc.

(Modification) (Amendment) Order 2010

The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 modifies certain provisions of the Employment Rights Act 1996, concerning redundancy payments in their application to individuals employed by local authorities or certain other bodies, most of which are local or regional.

The effect of the Order is that an individual’s service with a succession of employers is treated as continuous for the purpose of determining their entitlement to a redundancy payment (or the amount of any such payment).

Although the Order primarily relates to redundancy, it can also be used for establishing continuous service for other Council purposes (annual leave, long service awards, occupational sick pay and occupational maternity pay).

There are two lists of organisations that this Order refers to. Part 1 lists those that currently exist (as at April 2010), and Part 2 lists those that are largely no longer in existence.

Basically, for organisations listed in Part 1, conditions of the Order dictate that both lists must be referred to. Therefore, as Fife Council is included in Part 1, organisations listed in either Part 1 or 2 must be taken into account when calculating continuous service. This Order amends the 1999 Order by adding to the list of organisations. Such amendments are issued from time to time, and this document will be updated and re-issued as necessary.

How do you know whether an organisation is included on the Order?

Many of the organisations are specifically named. However, there are a number of generic categories, e.g. board of governor schools, and it is impossible to list every one of these by individual name as this would cover several thousand organisations.

If an organisation is not specifically named, or included in a generic category, the simplest way to establish its inclusion (or not) is to contact the organisation itself. Each organisation will know if it is included in the Order, as it itself will have to recognise service with other associated employers.

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Other Considerations Health Service

Service with the Health Board, Authorities, etc. will not be counted (unless the employee transfers to Fife Council under TUPE).

The Health Service is not included in the Modification Order, and there are no reciprocal arrangements between local authorities and health for any service related benefits.

(This may change in the future due to future joint agreements.)

NB - but, before October 1985, some service was established by membership of the Superannuation Interchange Regulations, and not the Redundancy Modification Order, and this included the NHS. Therefore, such reference may be made in some older files to these Regulations, in which case service would be included (e.g. for redundancy calculations).

Voluntary Sector

Although local government either wholly or partly funds many organisations within the voluntary sector, they are not classed as local government employees.

Therefore, if the organisation is not specifically named on the Order, service will not be counted.

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PART 1

Section 1 - Local Government

In relation to England:

- a county council, a district council, a London borough council, the Common Council of

the City of London, the Council of the Isles of Scilly, a parish council, a common parish council, a parish meeting

In relation to Wales:

- a county council or a county borough council, a community council, a common community council

A council constituted under the Local Government (Scotland) Act 1994 Any authority established under the Local Government Act

A joint board or joint body undertaking the functions of two or more bodies described above

Any other authority or body undertaking the functions of, or advising, any of the bodies specified above

Any committee (including a joint committee) undertaking the functions of, or advising, any of the bodies specified above

Any association that is a representative of any two or more authorities described above, or any committee established to undertake the functions of, or advise, one or more of such associations

An association whose duties include responsibility for the collation and distribution of information, and advising on, conditions of service in local government service

An organisation whose duties include the negotiation of pay and conditions of service in local government service

A National Park Authority established under sections 6 to 8 of the National Parks (Scotland) Act 2004

A residuary body established under the Local Government Act Employers Organisation for Local Government

Improvement and Development Agency for Local Government Improvement Service Company

Audit Scotland

The Commission for Local Administration in England The Commission for Local Administration in Scotland

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The Commission for Local Administration in Wales The Local Government Management Board

The Residuary Body for Wales (Corff Gweddilliol Cymru)

Section 2 - Planning & Development

A development corporation as per the New Towns Act A Housing Action Trust as per the Housing Act

Advantage West Midlands

Aire-Wharfe Community Housing Trust Ltd

An Urban Development Corporation as per the Local Government Planning and Land Act

Batley Action Ltd

Bethnal Green City Challenge Company Ltd Bolton City Challenge Partnership Ltd Bradford Building Services Ltd

Bradford City Challenge Ltd

Bradford Community Housing Trust Ltd

Bradford West City Community Housing Trust Ltd Brixton Challenge Company Ltd

Coast and County Housing Ltd City Building (Glasgow) LLP

Community North (Sunderland) Ltd Dalston City Partnership Ltd

Deptford City Challenge Ltd Derby Pride Ltd

Dewsbury Partnership Ltd Douglas Valley Partnership Ltd

Dumfries and Galloway Housing Partnership Ltd East Bradford Community Housing Trust Ltd East Midlands Development Agency (EMDA) East of England Development Agency (EEDA) Harlesden City Challenge Ltd

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Huddersfield Pride Ltd Hulme Regeneration Ltd Knowsley Housing Trust Leicester City Challenge Ltd

Manchester Investment and Development Agency Service Ltd (MIDAS) Newcastle West End Partnership Ltd

Newtown South Aston City Challenge Ltd North Bradford Community Housing Trust Ltd North Kensington City Challenge Company Ltd North Tyneside City Challenge Partnership Ltd North West Development Agency (NWDA) Northern Housing Consortium Ltd

Olympic Park Legacy Company Ltd One North East

Pennine Housing 2000 Ltd Scottish Enterprise

Scottish Homes

Shipley Community Housing Trust Ltd

South East of England Development Agency (SEEDA) SEERA Ltd

South Bradford Community Housing Trust Ltd

South West of England Development Agency (SWERDA) Springfield Horseshoe Housing Management Co-operative Ltd Stratford Development Partnership Ltd

Sunderland Housing Group

The Blackburn City Challenge Partnership Board

The Broads Authority as per the Norfolk and Suffolk Broads Act The Commission for the New Towns

The Countryside Commission for Scotland The Development Board for Rural Wales

The Edinburgh New Town Conservation Committee The Housing Corporation

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The Urban Regeneration Agency The Welsh Development Agency Twin Valley Homes Ltd

Urban Futures London Ltd

Wolverhampton City Challenge Ltd Yorkshire Forward

Section 3 - Education

The governing body of:

-

a further education establishment, a foundation school, a voluntary aided school, a foundation special school, an aided school, a grant-maintained school, a special school, a designated institution, a central institution (other than a college of agriculture), a College of Education

The board of management of:

- a self-governing school, a College of Further Education

The governing body of an institution as per the Further & Higher Education Act or the Education Reform Act, or, in the case of such an institution conducted by a company, that company

The managers of a grant-aided school

The managers, other than a local authority, of a school approved under the Children and Young Persons (Scotland) Act

A person carrying on a City Technology College, a City College for the Technology of the Arts, or an Academy

A company formed to manage a College of Further Education A further or higher education corporation

An Education Action Forum Connexions Lancashire Ltd Cwmni Cynnal

Newbattle Abbey College

Scottish Consultative Council on the Curriculum Shetlands Arts Development Agency

The Central Council for Education and Training in Social Work The Centre for Information on Language Teaching and Research The Centre for Literacy in Primary Education

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The General Teaching Council for Scotland

The National Institute of Adult Continuing Education (England and Wales) The Scottish Community Education Council

The Scottish Council for Educational Technology The Scottish Council for Research in Education The Scottish Examination Board

The Scottish Vocational Education Council VT Four S Ltd

Section 4 - Careers Guidance

Argyll and Bute Careers Partnership Ltd

Calderdale and Kirklees Careers Service Partnership Ltd Cambridgeshire Careers Guidance Ltd

Capital Careers Ltd Career Connections Ltd Career Decisions Ltd

Career Development Edinburgh and Lothians Career Path (Northamptonshire) Ltd

Careerpaths (Cardiff and Vale) Ltd

Careers and Education Business Partnership Careers Central Ltd

Careers Enterprise (Futures) Ltd Careers Partnership Ltd

Careers Service Lancashire Area West Ltd Central Careers Ltd

Cornwall and Devon Careers Ltd

Coventry, Solihull and Warwickshire Partnership Ltd Derbyshire Careers Service Ltd

East Lancashire Careers Services Ltd Education Business Partnership (Wigan) Ltd Essex Careers and Business Partnership Ltd Future Steps Ltd

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Grampian Careers

Guidance Enterprises Group Ltd GuideLine Career Services Ltd

Gwent Careers Service Partnership Ltd Hereford and Worcester Careers Service Ltd Hertfordshire Careers Services Ltd

Highland Careers Services Ltd Learning Partnership West Leeds Careers Guidance

Leicestershire Careers and Guidance Services Ltd

Lifetime Careers Barnsley, Doncaster and Rotherham Ltd Lifetime Careers Bolton, Bury and Rochdale Ltd

Lifetime Careers Brent and Harrow Ltd Lifetime Careers Stockport and High Peak Ltd Lifetime Careers Wiltshire Ltd

Lincolnshire Careers and Guidance Services Ltd London South Bank Careers

Mid Glamorgan Careers Ltd Norfolk Careers Services Ltd

North East Wales Careers Service Company Ltd Oldham Education Business and Guidance Services Orkney Opportunities Centre

Prospects Careers Services Ltd Quality Careers Services Ltd Sheffield Careers Guidance Services Shropshire Careers Service Ltd St Helens Careers Service Ltd Suffolk Careers Ltd

Tayside Careers Ltd

The Humberside Partnership

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Section 5 - Public Transport

A metropolitan county passenger transport authority A passenger transport executive

The Forth Road Bridge Joint Board The Tay Road Bridge Joint Board

Section 6 - Police, Fire & Civil Defence

A fire authority established by a combination scheme as per Fire Services Act A metropolitan county fire and civil defence authority

A police authority, other than the Secretary of State, as per the Police Act The London Fire and Civil Defence Authority

A company the members of which comprise fire and rescue authorities in England and whose objects include the operation of a regional fire control centre

Section 7 - Sports Councils

The English Sports Council The Scottish Sports Council The Sports Council for Wales The United Kingdom Sports Council

Section 8 - Social Services

Coverage Care Ltd Essex Cares Ltd

Essex Community Support Ltd Essex Employment and Inclusion Ltd Essex Equipment Services Ltd Forfarshire Society for the Blind Harlow Welfare Rights and Advice New Charter Building Company Ltd New Charter Housing Trust Ltd Quantum Care Ltd

Sandwell Community Caring Trust Ltd Shetland Council of Social Services

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Shetland Welfare Trust

The Humberside Independent Care Association The Scottish Commission for the Regulation of Care The Scottish Social Services Council

The Wrekin Housing Trust Ltd Tynedale Housing Company Ltd

Waltham Forest Specialist Housing Consortium Ltd

Section 9 - Museums

Coventry Museum of British Road Transport

National Coal Mining Museum for England Trust Ltd The board of governors of the Museum of London

The board of trustees of The National Museums and Galleries on Merseyside The Geffrye Museum Trust

The Horniman Public Museum and Public Park Trust The Scottish Museums Council

Woodhorn Charitable Trust

Section 10 - Miscellaneous Bodies

A community justice authority under section 3 of the Management of Offenders (Scotland) Act 2005

A body designated as a Care Trust under the Health and Social Care Act

A local probation board within the meaning of the Criminal Justice & Court Services Act A magistrates' courts committee or the Committee of Magistrates for the Inner London Area, as per the Justices of the Peace Act

A probation committee as per the Probation Service Act

A valuation tribunal in Wales as per the Local Government Finance Act An area tourist board

Active Stirling Ltd

Ardroy Outdoor Learning Trust Arts and Theatres Trust Fife Blythe Valley Arts and Leisure Ltd C.I.P. (Hounslow) Ltd

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City Parking (Glasgow) LLP City Property (Glasgow) LLP Clackmannanshire Leisure

Community Initiative Partnerships Cordia (Services) LLP

Coventry Sports Trust Ltd Culture and Sport Glasgow

Culture and Sport Glasgow (Trading) C.I.C CV One Ltd

Derwentside Leisure Ltd East End Partnership Ltd Edinburgh Leisure

Enfield Leisure Centres Ltd Enjoy East Lothian

Fife Coast and Countryside Trust Fife Sports and Leisure Trust Ltd Forth Valley GIS Ltd

Glasgow Community and Safety Services Ltd Greenwich Leisure Ltd

Herefordshire Community Leisure Trust Hounslow Cultural and Community Services Hounslow Sports and Recreation Services Kirklees Active Leisure Trust

Leisure Tynedale

National Mobility Services Trust Ltd New Park Village TMC Ltd

North Lanarkshire Leisure Ltd

Nuneaton and Bedworth Leisure Trust Oldham Community Leisure Ltd Pendle Leisure Ltd

Renfrewshire Leisure Ltd Salford Community Leisure Ltd

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Sandwell Arts Trust

Sandwell Sport and Leisure Trust Scottish Water

Shetland Recreational Trust Somerset Leisure Ltd Sport Aberdeen

Strathclyde European Partnerships Ltd Tameside Sports Trust

Tees Active Ltd

The Business Shop - Angus Ltd

The Care Standards Inspectorate for Wales

The Children and Family Court Advisory and Support Service The Environment Agency

The Islesburgh Trust

The Land Authority for Wales

The Lee Valley Regional Park Authority The London Pensions Fund Authority The National Care Standards Commission The Scottish Children's Reporter Administration The Scottish Environment Protection Agency (SEPA) The South Yorkshire Pensions Authority

The Valuation Tribunal Service

The Water Industry Commissioner for Scotland West Lothian Leisure Ltd

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PART 2 Section 1

Any employer as specified in Part 1 of this Order, whether or not in existence at the time of calculating continuous service.

Section 2 - Local Government

The council of an administrative county, county borough, metropolitan borough or county district

A regional council, islands council or district council established by or under the Local Government (Scotland) Act 1973

The council of a county, or a county of a city, large burgh, small burgh or district ceasing to exist after 15th May 1975

Any joint board or body undertaking the functions of two or more of the above bodies, and any special planning board

Any other body, including a committee, not specified above, undertaking or advising one or more of the above bodies

Any two or more of the above bodies acting jointly or as a combined authority

An association which was a representative of any of the above bodies, or any committee established to undertake the functions of, or advise, one or more such associations An organisation whose duties include the negotiation of pay and conditions of service in local government service

The Accounts Commission for Scotland The Greater London Council

The London Residuary Body

The council of a county or district in Wales The Local Government Training Board

Section 3 - Planning & Development

A development corporation as per the New Towns (Scotland) Act A development corporation as per the New Towns Act

The English Industrial Estates Corporation The Scottish Development Agency

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The Scottish Special Housing Association

Section 4 - Education

The governing body of:

-an aided school, a grant-maintained school, a special school

The managers, other than a local authority, of a school which, during the period of employment, was:

- approved under the Children and Young Persons (Scotland) Act, a grant-aided school The proprietor of a school which was recognised as a grammar school

An institution within the PCFC funding sector Shetland Arts Trust

The Further Education Staff College

The Inner London Education Authority, known as the Inner London Interim Education Authority

The National Advisory Body for Public Sector Higher Education The Polytechnics and College Funding Council

The Scottish Association for National Certificates and Diplomas The Scottish Business Education Council

The Scottish Council for Commercial, Administrative and Professional Education The Scottish Technical Education Council

The Secretary of State for Defence in relation only to employees in schools administered by the Service Children's Education Authority

The Secretary of State for Education and Employment, in relation only to teachers employed under contract in a designated European School

A person who, during the period of employment, performed a function of a local education authority pursuant to a direction given by the Secretary of State under the Education Act 1996.

Section 5 - Careers Guidance

Black Country Careers Services Ltd Buckinghamshire Careers Service Ltd Kent Careers and Guidance Service Ltd

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Section 6 – Police

A previous police authority

Section 7 - Sports Councils

The Sports Council

Section 8 - Social Services

A person or body of persons responsible for the management of an assisted community home, or of an approved institution, as per the Children and Young Persons Act

Section 9 - Miscellaneous

A local valuation panel

A regional water board, as per the Water (Scotland) Act 1967 A river purification board

A valuation tribunal in England as per the Local Government Finance Act The Central Scotland Water Development Board

The Scottish Industrial Estates Corporation (formerly the Industrial Estates Management Corporation for Scotland)

The Small Industries Council for Rural Areas of Scotland The Traffic Director for London

The Welsh Industrial Estates Corporation (formerly the Industrial Estates Management Corporation for Wales)

Produced by Fife Council Human Resources Section 8th July 2014: Issue Number 3.1

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