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102 Staff transfer matters: pensions | |
(1) The appropriate person shall exercise his power to give directions under | |
section 101(1) so as to secure that where a local authority is contracting with a | |
person (“the contractor”) for the provision of services that are to be provided | |
under a contract instead of by employees of the authority, it does so on terms— | 5 |
(a) that require the contractor, in the event of there being any transferring | |
employees, to secure pension protection for each of them, and | |
(b) that, so far as relating to the securing of pension protection for a | |
transferring employee, are enforceable by the employee. | |
(2) For the purposes of subsection (1)— | 10 |
(a) “transferring employee” means an employee of the authority whose | |
contract of employment becomes, by virtue of the application of the | |
TUPE regulations in relation to what is done for the purposes of | |
carrying out the contract between the authority and the contractor, a | |
contract of employment with someone other than the authority, and | 15 |
(b) “pension protection” is secured for a transferring employee if after that | |
change in his employer he has, as an employee of his new employer, | |
rights to acquire pension benefits and those rights— | |
(i) are the same as, or | |
(ii) under the directions count as being broadly comparable to or | 20 |
better than, | |
those that he had as an employee of the authority. | |
(3) The appropriate person shall exercise his power to give directions under | |
section 101(1) so as to secure that where— | |
(a) a local authority has contracted with a person (“the first contractor”) for | 25 |
the provision of services, | |
(b) the application of the TUPE regulations in relation to what was done for | |
the purposes of carrying out the contract between the authority and the | |
first contractor resulted in employees of the authority (“the original | |
employees”) becoming employees of someone other than the authority, | 30 |
and | |
(c) the authority is contracting with a person (“the subsequent contractor”) | |
for the provision of any of the services, | |
the authority contracts with the subsequent contractor on terms satisfying the | |
requirements of subsection (4). | 35 |
(4) Those requirements are that the terms— | |
(a) require the subsequent contractor, in the event of there being any | |
transferring original employees, to secure pension protection for each | |
of them, and | |
(b) so far as relating to the securing of pension protection for an original | 40 |
employee, are enforceable by the employee. | |
(5) For the purposes of subsection (4)— | |
(a) “transferring original employee” means an original employee— | |
(i) whose contract of employment becomes, by virtue of the | |
application of the TUPE regulations in relation to what is done | 45 |
for the purposes of carrying out the contract between the | |
authority and the subsequent contractor, a contract of | |
employment with someone other than his existing employer, | |
and | |
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(ii) whose contract of employment on each occasion when an | |
intervening contract was carried out became, by virtue of the | |
application of the TUPE regulations in relation to what was | |
done for the purposes of carrying out the intervening contract, | |
a contract of employment with someone other than his existing | 5 |
employer; | |
(b) “pension protection” is secured for a transferring original employee if | |
after the change in his employer mentioned in paragraph (a)(i) he has, | |
as an employee of his new employer, rights to acquire pension benefits | |
and those rights— | 10 |
(i) are the same as, or | |
(ii) under the directions count as being broadly comparable to or | |
better than, | |
those that he had before that change. | |
(6) In subsection (5)(a)(ii), “intervening contract” means a contract with the | 15 |
authority for the provision, at times after they are provided under the contract | |
with the first contractor and before they are to be provided under a contract | |
with the subsequent contractor, of the services to be provided under the | |
contract with the subsequent contractor. | |
(7) Any expression used in this section, and in the TUPE regulations, has in this | 20 |
section the meaning that it has in the TUPE regulations. | |
(8) In this section— | |
“local authority” means a local authority for the purposes of section | |
1(1)(a) of the Local Government Act 1999 (c. 27) (local authorities in | |
England and Wales that are best value authorities); | 25 |
“the TUPE regulations” means the Transfer of Undertakings (Protection | |
of Employment) Regulations 1981 (S.I. 1981/1794), or any regulations | |
replacing those regulations, as from time to time amended. | |
2004 local government elections | |
103 Power to change date of elections in England | 30 |
(1) The Secretary of State may by order provide that in 2004— | |
(a) the ordinary day of election of councillors for— | |
(i) all local government areas in England, or | |
(ii) all local government areas in England, except parishes, and | |
(b) the day on which the poll is to be held at the second ordinary election | 35 |
under the Greater London Authority Act 1999 (c. 29), | |
shall be changed so as to be the same as the date of the poll at the European | |
Parliamentary general election. | |
(2) Where the Secretary of State makes an order under subsection (1), he may by | |
order— | 40 |
(a) make provision modifying, in relation to elections in England in 2004— | |
(i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) | |
(holding of elections to fill casual vacancies in the office of | |
councillor for a principal area), or | |
(ii) rules made for the purposes of section 89(6) of that Act (which | 45 |
provides for casual vacancies in the office of parish councillor to | |
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(ii) be filled in accordance with rules under section 36 of the | |
Representation of the People Act 1983 (c. 2)); | |
(b) make provision disapplying section 16(1) of the Representation of the | |
People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an | |
election of parish councillors where the date of the poll at a European | 5 |
Parliamentary general election and the ordinary day of election for | |
councillors in England and Wales are the same) in relation to elections | |
in England in 2004; | |
(c) make such provision as he thinks fit for the purpose of enabling the | |
annual meeting in 2004 of an authority to which subsection (3) applies | 10 |
to be held after the date of the poll at the European Parliamentary | |
general election. | |
(3) This subsection applies to— | |
(a) any of the following for which 2004 is not a year of ordinary elections | |
of councillors to the council— | 15 |
(i) a county council in England, | |
(ii) a district council, and | |
(iii) a parish council; | |
(b) an authority established by Part 4 of the Local Government Act 1985 | |
(c. 51) (joint authorities); | 20 |
(c) a police authority established under section 3 of the Police Act 1996 | |
(c. 16); | |
(d) the Metropolitan Police Authority. | |
(4) Where the National Assembly for Wales makes an order under section 104, the | |
Secretary of State may by order make in relation to elections in England such | 25 |
consequential provision, including provision excluding or modifying the | |
application of any enactment, as he thinks fit. | |
(5) Before making an order under this section, the Secretary of State must | |
consult— | |
(a) the Electoral Commission, and | 30 |
(b) such other persons or bodies as he considers appropriate. | |
(6) Subsection (5) may be satisfied by consultation before, as well as by | |
consultation after, the commencement of this section. | |
(7) In subsection (1)— | |
“local government area” has the same meaning as in the Representation of | 35 |
the People Act 1983 (c. 2); | |
“ordinary election” is to be read in accordance with section 2(7) of the | |
Greater London Authority Act 1999 (c. 29). | |
(8) In subsection (4) “enactment” includes an enactment comprised in secondary | |
legislation within the meaning of the Interpretation Act 1978 (c. 30). | 40 |
104 Power to change date of elections in Wales | |
(1) The National Assembly for Wales may by order provide that in 2004 the | |
ordinary day of election of councillors for— | |
(a) all local government areas in Wales, or | |
(b) all local government areas in Wales, except communities, or | 45 |
(c) all communities, | |
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shall be changed so as to be the same as the date of the poll at the European | |
Parliamentary general election. | |
(2) Where the Assembly makes an order under subsection (1), it may by order— | |
(a) make provision modifying, in relation to elections in Wales in 2004— | |
(i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) | 5 |
(holding of elections to fill casual vacancies in the office of | |
councillor for a principal area), or | |
(ii) rules made for the purposes of section 89(6) of that Act (which | |
provides for casual vacancies in the office of community | |
councillor to be filled in accordance with rules under section 36 | 10 |
of the Representation of the People Act 1983 (c. 2)); | |
(b) make provision disapplying section 16(1) of the Representation of the | |
People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an | |
election of community councillors where the date of the poll at a | |
European Parliamentary general election and the ordinary day of | 15 |
election for councillors in England and Wales are the same) in relation | |
to elections in Wales in 2004. | |
(3) Where the Secretary of State makes an order under section 103, the National | |
Assembly for Wales may by order make in relation to elections in Wales such | |
consequential provision, including provision excluding or modifying the | 20 |
application of any enactment, as it thinks fit. | |
(4) Before making an order under this section, the National Assembly for Wales | |
must consult— | |
(a) the Electoral Commission, and | |
(b) such other persons or bodies as it considers appropriate. | 25 |
(5) Subsection (4) may be satisfied by consultation before, as well as by | |
consultation after, the commencement of this section. | |
(6) In subsection (1), “local government area” has the same meaning as in the | |
Representation of the People Act 1983. | |
(7) In subsection (3) “enactment” includes an enactment comprised in secondary | 30 |
legislation within the meaning of the Interpretation Act 1978 (c. 30). | |
Valuation Tribunal Service | |
105 The Valuation Tribunal Service | |
(1) There shall be a body corporate to be known as the Valuation Tribunal Service | |
(referred to in this section, section 106 and Schedules 4 and 5 as “the Service”). | 35 |
(2) The Service shall have the following functions in relation to valuation tribunals | |
in England— | |
(a) providing, or arranging for the provision of, the services required for | |
the operation of tribunals, in particular— | |
(i) accommodation, | 40 |
(ii) staff (including clerks to tribunals), | |
(iii) information technology, | |
(iv) equipment, and | |
(v) training for members of, and clerks to, tribunals; | |
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(b) giving general advice about procedure in relation to proceedings before | |
tribunals. | |
(3) The Service shall provide the Secretary of State with such information, advice | |
and assistance as he may require. | |
(4) The Service may do anything which it considers is calculated to facilitate, or is | 5 |
conducive or incidental to, the carrying out of its functions. | |
(5) The Service shall carry out its functions with respect to valuation tribunals in | |
the manner which it considers best calculated to secure their efficient and | |
independent operation. | |
(6) The Service shall, in relation to its functions with respect to valuation tribunals, | 10 |
consult the tribunals concerned about the carrying out of its functions. | |
(7) The Secretary of State may— | |
(a) after consultation with the Service, give directions to it for the purpose | |
of securing the effective carrying out of its functions, and | |
(b) issue guidance to the Service about the carrying out of its functions. | 15 |
(8) The Service shall, in carrying out its functions— | |
(a) comply with any directions under subsection (7)(a), and | |
(b) have regard to any guidance under subsection (7)(b). | |
(9) Schedule 4 (which makes further provision about the Service) has effect. | |
106 Transfer to Service of property, rights and liabilities | 20 |
(1) The Secretary of State may make one or more schemes for the transfer to the | |
Service of— | |
(a) such of his property, rights and liabilities, or | |
(b) such of the property, rights and liabilities of a valuation tribunal in | |
England, | 25 |
as appear to him to be appropriate to be transferred for the performance of the | |
Service’s functions. | |
(2) On the day appointed by a transfer scheme for the coming into force of the | |
scheme, the property, rights and liabilities which are the subject of the scheme | |
shall, by virtue of this subsection, be transferred in accordance with the | 30 |
provisions of the scheme. | |
(3) Schedule 5 (which makes further provision in relation to transfer schemes) has | |
effect. | |
Audit Commission | |
107 Auditors’ public interest reports: time allowed for consideration | 35 |
(1) The Audit Commission Act 1998 (c. 18) is amended as follows. | |
(2) In section 11(4) (body subject to audit must consider section 8 report or section | |
11(3) recommendation within four months of its being sent), for “four months” | |
there is substituted “one month”. | |
(3) In section 11(6) (auditor’s power to extend time limit), for “four months” there | 40 |
is substituted “one month”. | |
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(4) In section 11A(8) (Mayor and Assembly must consider section 8 report or | |
section 11(3) recommendation within four months of its being sent to the | |
Greater London Authority), for “four months” substitute “one month”. | |
(5) In section 11A(9) (auditor’s power to extend time limit), for “four months” | |
there is substituted “one month”. | 5 |
108 Auditors’ public interest reports: publicity | |
After section 13 of the Audit Commission Act 1998 (c. 18) there is inserted— | |
“13A Additional publicity for non-immediate reports | |
(1) This section applies where under section 10(1) an auditor has sent a | |
report that is not an immediate report to a body or its chairman, except | 10 |
where the body is a health service body. | |
(2) The auditor may— | |
(a) notify any person he thinks fit of the fact that he has made the | |
report, | |
(b) publish the report in any way he thinks fit, and | 15 |
(c) supply a copy of the report, or of any part of it, to any person he | |
thinks fit. | |
(3) From the time when the report is sent under section 10(1), but subject | |
to subsection (4)— | |
(a) the auditor shall ensure that any member of the public may— | 20 |
(i) inspect the report at all reasonable times without | |
payment, and | |
(ii) make a copy of the report or of any part of it; | |
(b) any member of the public may require the auditor to supply | |
him with a copy of the report, or of any part of it, on payment of | 25 |
a reasonable sum. | |
(4) From the end of the period of one year beginning with the day when | |
the report is sent under section 10(1), the obligations of the auditor | |
under subsection (3)— | |
(a) cease to be his obligations, but | 30 |
(b) become obligations of the Commission instead.” | |
109 Financial year | |
(1) In Schedule 1 to the Audit Commission Act 1998 (which makes provision about | |
the Commission’s financial affairs), in paragraph 11(5) (which defines | |
“financial year” for the purposes of the Schedule as the 12 months ending with | 35 |
31st October in any year) for “31st October” there is substituted “31st March”. | |
(2) Subsection (1) shall apply in relation to financial years of the Commission | |
beginning after the one in which this section comes into force. | |
(3) In relation to the financial year of the Commission in which this section comes | |
into force, Schedule 1 to the Audit Commission Act 1998 shall have effect as if | 40 |
the period referred to in paragraph 11(5) were a period beginning with the 1st | |
November on which the year began and ending with the 31st March 17 months | |
later. | |
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(4) In this section, “the Commission” means the Audit Commission for Local | |
Authorities and the National Health Service in England and Wales. | |
110 Delegation | |
After paragraph 11 of Schedule 1 to the Audit Commission Act 1998 (c. 18), | |
there is inserted— | 5 |
“Delegation | |
11A The Commission may delegate any of its functions to— | |
(a) a committee or sub-committee established by the | |
Commission (including a committee or sub-committee | |
including persons who are not members of the Commission), | 10 |
or | |
(b) an officer or servant of the Commission.” | |
Other | |
111 Standards Board for England: delegation | |
In Schedule 4 to the Local Government Act 2000 (c. 22) (Standards Board for | 15 |
England), after paragraph 9 there is inserted— | |
“Delegation | |
9A The Standards Board may delegate any of its functions to— | |
(a) a committee or sub-committee established by the Board, | |
(b) an individual member of the Board, or | 20 |
(c) an officer or servant of the Board.” | |
112 Paid time off for councillors not to be political donation | |
(1) In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and | |
Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph | |
(a) there is inserted— | 25 |
“(aa) remuneration allowed to an employee by his employer if the | |
employee is a member of a local authority and the | |
remuneration is in respect of time the employer permits the | |
employee to take off during the employee’s working hours | |
for qualifying business— | 30 |
(i) of the authority, | |
(ii) of any body to which the employee is appointed by, | |
or is appointed following nomination by, the | |
authority or a group of bodies that includes the | |
authority, or | 35 |
(iii) of any other body if it is a public body;”. | |
(2) In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted— | |
“(4) In sub-paragraph (1)(aa)— | |
“employee” and “employer”— | |
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