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(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 | 5 |
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 | 10 |
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 | |
(ii) whose contract of employment on each occasion when an | 15 |
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 | |
employer; | 20 |
(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— | |
(i) are the same as, or | 25 |
(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 | |
authority for the provision, at times after they are provided under the contract | 30 |
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 | |
section the meaning that it has in the TUPE regulations. | 35 |
(8) In this section— | |
‘“appropriate person”, in relation to Scotland, means the Scottish | |
Ministers;’. | |
“local authority”— | |
(a) in relation to England and Wales, means a local authority for the | 40 |
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), and | |
(b) in relation to Scotland, means a council constituted under | |
section 2 of the Local Government etc. (Scotland) Act 1994 | 45 |
(c. 39); | |
“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. | |
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2004 local government elections | |
103 Power to change date of elections in England | |
(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 | 5 |
(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 | |
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. | 10 |
(2) Where the Secretary of State makes an order under subsection (1), he may by | |
order— | |
(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 | 15 |
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 parish councillor to | |
be filled in accordance with rules under section 36 of the | |
Representation of the People Act 1983 (c. 2)); | 20 |
(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 | |
Parliamentary general election and the ordinary day of election for | |
councillors in England and Wales are the same) in relation to elections | 25 |
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 | |
to be held after the date of the poll at the European Parliamentary | |
general election. | 30 |
(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— | |
(i) a county council in England, | |
(ii) a district council, and | 35 |
(iii) a parish council; | |
(b) an authority established by Part 4 of the Local Government Act 1985 | |
(c. 51) (joint authorities); | |
(c) a police authority established under section 3 of the Police Act 1996 | |
(c. 16); | 40 |
(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 | |
consequential provision, including provision excluding or modifying the | |
application of any enactment, as he thinks fit. | 45 |
(5) Before making an order under this section, the Secretary of State must | |
consult— | |
| |
| |
|
| |
| |
(a) the Electoral Commission, and | |
(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)— | 5 |
“local government area” has the same meaning as in the Representation of | |
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 | 10 |
legislation within the meaning of the Interpretation Act 1978 (c. 30). | |
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 | 15 |
(b) all local government areas in Wales, except communities, or | |
(c) all communities, | |
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— | 20 |
(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) | |
(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 | 25 |
provides for casual vacancies in the office of community | |
councillor to be filled in accordance with rules under section 36 | |
of the Representation of the People Act 1983); | |
(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 | 30 |
election of community councillors where the date of the poll at a | |
European Parliamentary general election and the ordinary day of | |
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 | 35 |
Assembly for Wales may by order make in relation to elections in Wales such | |
consequential provision, including provision excluding or modifying the | |
application of any enactment, as it thinks fit. | |
(4) Before making an order under this section, the National Assembly for Wales | |
must consult— | 40 |
(a) the Electoral Commission, and | |
(b) such other persons or bodies as it considers appropriate. | |
(5) Subsection (4) may be satisfied by consultation before, as well as by | |
consultation after, the commencement of this section. | |
| |
| |
|
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| |
(6) In subsection (1), “local government area” has the same meaning as in the | |
Representation of the People Act 1983 (c. 2). | |
(7) In subsection (3) “enactment” includes an enactment comprised in secondary | |
legislation within the meaning of the Interpretation Act 1978 (c. 30). | |
Valuation Tribunal Service | 5 |
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”). | |
(2) The Service shall have the following functions in relation to valuation tribunals | |
in England— | 10 |
(a) providing, or arranging for the provision of, the services required for | |
the operation of tribunals, in particular— | |
(i) accommodation, | |
(ii) staff (including clerks to tribunals), | |
(iii) information technology, | 15 |
(iv) equipment, and | |
(v) training for members of, and clerks to, tribunals; | |
(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 | 20 |
and assistance as he may require. | |
(4) The Service may do anything which it considers is calculated to facilitate, or is | |
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 | 25 |
independent operation. | |
(6) The Service shall, in relation to its functions with respect to valuation tribunals, | |
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 | 30 |
of securing the effective carrying out of its functions, and | |
(b) issue guidance to the Service about the carrying out of its functions. | |
(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). | 35 |
(9) Schedule 4 (which makes further provision about the Service) has effect. | |
106 Transfer to Service of property, rights and liabilities | |
(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 | 40 |
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| |
|
| |
| |
(b) such of the property, rights and liabilities of a valuation tribunal in | |
England, | |
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 | 5 |
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 | |
provisions of the scheme. | |
(3) Schedule 5 (which makes further provision in relation to transfer schemes) has | |
effect. | 10 |
Audit Commission | |
107 Auditors’ public interest reports: time allowed for consideration | |
(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” | 15 |
there is substituted “one month”. | |
(3) In section 11(6) (auditor’s power to extend time limit), for “four months” there | |
is substituted “one month”. | |
(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 | 20 |
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”. | |
108 Auditors’ public interest reports: publicity | |
After section 13 of the Audit Commission Act 1998 there is inserted— | 25 |
“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 | |
where the body is a health service body. | |
(2) The auditor may— | 30 |
(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 | |
(c) supply a copy of the report, or of any part of it, to any person he | |
thinks fit. | 35 |
(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— | |
(i) inspect the report at all reasonable times without | |
payment, and | 40 |
(ii) make a copy of the report or of any part of it; | |
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| |
| |
(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 | |
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 | 5 |
under subsection (3)— | |
(a) cease to be his obligations, but | |
(b) become obligations of the Commission instead.” | |
109 Registered social landlords | |
(1) After section 41 of the Audit Commission Act 1998 (c. 18) there is inserted— | 10 |
“41A Inspections of registered social landlords | |
(1) The Commission may carry out an inspection of— | |
(a) the quality of services provided by a registered social landlord; | |
(b) a registered social landlord’s arrangements for securing | |
continuous improvement in the efficiency, effectiveness and | 15 |
economy with which it provides services. | |
(2) Where the Commission has carried out an inspection under subsection | |
(1) it shall issue a report. | |
(3) A report under subsection (2) shall mention any matter that, as a result | |
of the inspection, the Commission considers should be drawn | 20 |
specifically to the attention of the Relevant Authority. | |
(4) The Commission— | |
(a) shall send a copy of a report under subsection (2) to the | |
registered social landlord concerned and to the Relevant | |
Authority; | 25 |
(b) may publish a report under subsection (2) and any information | |
in respect of a report. | |
(5) Section 11 of the Local Government Act 1999 (best value inspections | |
under section 10: inspectors’ powers and duties, and offences) shall | |
apply for the purposes of an inspection of a registered social landlord | 30 |
under subsection (1) of this section as it applies for the purposes of an | |
inspection of a best value authority under section 10 of that Act. | |
(6) The Commission shall, when drawing up any programme of | |
inspections under subsection (1), consult the Relevant Authority. | |
41B Fees for inspections under section 41A | 35 |
(1) The appropriate person may by order make provision of any of the | |
following kinds in relation to the charging of fees by the Commission | |
in respect of inspections under section 41A(1)— | |
(a) provision authorising the Commission to prescribe a scale or | |
scales of fees in respect of inspections; | 40 |
(b) provision governing the prescribing of scales; | |
(c) provision requiring a registered social landlord inspected | |
under section 41A(1) to pay to the Commission any fee | |
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| |
(c) applicable to the inspection in accordance with a scale | |
prescribed under provision of the kind mentioned in paragraph | |
(a); | |
(d) such incidental, consequential or supplementary provision as | |
the appropriate person thinks necessary or expedient. | 5 |
(2) In subsection (1) “the appropriate person” means— | |
(a) in relation to registered social landlords for which the Housing | |
Corporation is the Relevant Authority, the Secretary of State, | |
and | |
(b) in relation to registered social landlords for which the National | 10 |
Assembly for Wales is the Relevant Authority, the Assembly. | |
(3) The Secretary of State shall, before making an order under subsection | |
(1), consult— | |
(a) the Commission and the Housing Corporation, and | |
(b) persons appearing to the Secretary of State to represent | 15 |
registered social landlords affected by his proposals. | |
(4) The National Assembly for Wales shall, before making an order under | |
subsection (1), consult— | |
(a) the Commission, and | |
(b) persons appearing to the Assembly to represent registered | 20 |
social landlords affected by its proposals. | |
(5) The Commission shall, before prescribing a scale of fees that it is | |
authorised to prescribe by an order under subsection (1) made by the | |
Secretary of State, consult— | |
(a) the Secretary of State and the Housing Corporation, and | 25 |
(b) persons appearing to the Commission to represent registered | |
social landlords affected by its proposals. | |
(6) The Commission shall, before prescribing a scale of fees that it is | |
authorised to prescribe by an order under subsection (1) made by the | |
National Assembly for Wales, consult— | 30 |
(a) the Assembly, and | |
(b) persons appearing to the Commission to represent registered | |
social landlords affected by its proposals.” | |
(2) In section 52(1) of that Act (orders and regulations to be made by statutory | |
instrument), after “the Secretary of State” there is inserted “or the National | 35 |
Assembly for Wales”. | |
(3) In paragraph 8(2) of Schedule 1 to that Act (categories of function in respect of | |
which Commission must over time balance income and expenditure), after | |
paragraph (c) there is inserted— | |
“(ca) its functions under section 41A relating to such landlords;”. | 40 |
(4) After paragraph 8 of that Schedule there is inserted— | |
“8A Each of— | |
(a) the Secretary of State, and | |
(b) the National Assembly for Wales, | |
may make grants to the Commission in respect of expenditure | 45 |
incurred or to be incurred by the Commission in connection with the | |
carrying-out of its functions under section 41A.” | |
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