Memorandum by the
Department of the Environment, Transport and the Regions
1998 (S.I. 1998/449)
1. The Committee has asked for
a Memorandum on the following point:
Explain whether article
3(2) is intended to be a complete text. If some part of that provision
has been unintentionally omitted, set out that part. If the text
is complete, explain the purpose of the words from "in the
case of an employee" to "designated list".
2. Article 3(2) is intended to
be a complete text. The words from "in the case of an employee"
to "designated list" emphasise that the Order affects
the contracts of employment of those included in any of the sections
of any of the three parts of the designated list. It is accepted
that as all the employees in this particular case are transferred
to the employment of the same local authority the legal effect
of the Order would have been the same without these words.
3. As the Committee will have
observed, there is an error as to layout - the inclusion of "(a)"
and the sub-paragraphing in Article 3(2). Article 3(2) as originally
drafted contained three sub-paragraphs - (a), (b) and (c). Regrettably,
when two of these sub-paragraphs were removed the necessary consequential
amendments were not made.
4. The Department regrets that
the error occurred, accepts that it gives rise to doubts about
the Order's completeness, but does not consider that it affects
31st March 1998