|Amendments proposed to the Health and Social Care Bill - continued||House of Commons|
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Mr John Denham
NS1To move the following Schedule:
'Partnership Arrangements: transfer of staffThe following is the Schedule inserted in the Health Act 1999.
Section 31 arrangements: transfer of staff
Application of Schedule1. This Schedule applies where, under any arrangements under regulations under section 31, any functions of a body ("the transferor") are to be exercised by another body ("the transferee").
Orders transferring staff2.(1) The Secretary of State may by order transfer to the transferee any specified description of employees of the transferor.
(2) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.
(3) In sub-paragraph (2) "prescribed requirements" means requirements prescribed for the purposes of that sub-paragraph by regulations made by the Secretary of State.
Effect of order on contracts of employment3.(1) The contract of employment of an employee transferred by an order under paragraph 2
(2) Without prejudice to sub-paragraph (1)
(3) Sub-paragraphs (1) and (2) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer.
(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.
(5) This paragraph is without prejudice to any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
Effect of order on pension rights4.(1) An order under paragraph 2 may provide that, in the case of an employee of any specified description who is transferred by the order, paragraph 3 shall not apply in relation to
(2) If an order under paragraph 2 provides as mentioned in sub-paragraph (1), the order may in relation to any such employee make such provision (if any) as the Secretary of State considers appropriate with respect to all or any of the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.
(3) The provision which may be made by virtue of sub-paragraph (2) includes provision
(4) In this paragraph "relevant pension provisions" means the provisions of an occupational pension scheme within the meaning of the Pension Schemes Act 1993, with the exception (if the order under paragraph 2 so provides) of any provisions of such a scheme falling within a description specified in the order.
Divided employments5.(1) Where an employee is to be transferred by an order under paragraph 2 but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and between the employee and the transferee.
(2) Where an employee's contract of employment is divided as provided under sub-paragraph (1)
ORDER OF THE HOUSE (10TH JANUARY 2001)That the following provisions shall apply to the Health and Social Care Bill:
Standing Committee1. The Bill shall be committed to a Standing Committee.
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th February 2001.
ORDER OF THE COMMITTEE [18TH JANUARY] (AS AMENDED BY THE ORDER OF THE COMMITTEE (25TH JANUARY))That
(1) during proceedings on the Health and Social Care Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and between half-past Four o'clock and Ten o'clock and on Thursdays at half-past Nine o'clock and between half-past Two o'clock and Five o'clock (save on the afternoon of Thursday 25th January, when the Committee may sit until Seven o'clock);
(2) 13 sittings in all shall be allotted to the consideration of the Bill by the Committee;
(3) the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;
(4) the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;
(5) paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) on any earlier sitting than that provided for under paragraph (3) if all previous proceedings have already been concluded.
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