The Redundancy Payments (National Health Service) (Modification) Order 1993

Article 2

SCHEDULE 1 EMPLOYMENT TO WHICH THIS ORDER APPLIES: EMPLOYERS IMMEDIATELY BEFORE THE RELEVANT EVENT

1.  a health authority within the meaning of section 128(1) of the National Health Service Act 1977(1) (hereinafter in this Schedule referred to as “the 1977 Act”), that is:

(i) a Regional Health Authority or a District Health Authority, established by an order made under section 8(1) of the 1977 Act; or

(ii) a special health authority established by an order made under section 11(1) of the 1977 Act;

2.  a National Health Service trust established by an order made under section 5(1) of the National Health Service and Community Care Act 1990(2);

3.  a Family Health Services Authority (formerly called a Family Practitioner Committee) established by an order made under section 10(1) of the 1977 Act;

4.  the Dental Practice Board (formerly called the Dental Estimates Board) constituted by regulations made under section 37(1) of the 1977 Act;

5.  the Public Health Laboratory Service Board continued in being by section 5(4) and (5) of and Schedule 3 to the 1977 Act;

6.  a Health Board or a special Health Board constituted under section 2(1)(a) or section 2(1)(b) respectively of the National Health Service (Scotland) Act 1978(3) (hereinafter in this Schedule referred to as “the 1978 Act”);

7.  a State Hospital Management Committee constituted under section 91(2) of the Mental Health (Scotland) Act 1984(4);

8.  the Common Services Agency for the Scottish Health Service established under section 10 of the 1978 Act;

9.  a National Health Service trust established under section 12A(1) of the 1978 Act;

10.  the Scottish Dental Practice Board (formerly called the Scottish Dental Estimates Board) constituted by regulations made under section 4 of the 1978 Act.

Article 3

SCHEDULE 2 MODIFICATIONS TO CERTAIN REDUNDANCY PAYMENTS PROVISIONS OF THE 1978 ACT

1.  Section 81 of the 1978 Act shall have effect as if:—

(a) in subsection (1) for the words “as been continuously employed for the requisite period” there were substituted the words “as been employed in relevant health service for the requisite period” and for the words “Schedules 4, 13 and 14” there were substituted the words “Schedule 4, as modified by the Redundancy Payments (National Health Service) (Modification) Order 1993, and Schedules 13 and 14”;

(b) after subsection (4) there were inserted the following subsection:—

“(5) In this section and Schedule 4—

(a) “relevant health service” means—

(i) continuous employment by an employer referred to in the Appendix to Schedule 2 to the Redundancy Payments (National Health Service) (Modification) Order 1993, or

(ii) where immediately before the relevant event a person has been successively employed by two or more employers referred to in the Appendix to Schedule 2 to the said Order,such aggregate period of service with such employers as would be continuous employment if they were a single employer;

(b) “relevant event” means any event occurring on or after the coming into force of the Redundancy Payments (National Health Service) (Modification) Order 1993 on the happening of which an employee may become entitled to a redundancy payment in accordance with this Act.”.

2.  Section 82 of the 1978 Act shall have effect as if immediately after subsection (7) there were inserted:—

“(7A) Any reference in this section to re-engagement by the employer shall be construed as including a reference to re-engagement by any employer referred to in the Appendix to Schedule 2 to the Redundancy Payments (National Health Service) (Modification) Order 1993 and any reference in this section to an offer by the employer shall be construed as including a reference to an offer made by any such employer.”

3.  Section 84 of the 1978 Act shall have effect as if immediately after subsection (7) thereof there were inserted the following subsection:—

“(7A) Any reference in this section to re-engagement by the employer shall be construed as including a reference to re-engagement by any employer referred to in the Appendix to Schedule 2 to the Redundancy Payments (National Health Service) (Modification) Order 1993 and any reference in this section to an offer made by the employer shall be construed as including a reference to an offer made by any such employer.”

4.  Schedule 4 to the 1978 Act shall have effect as if for paragraph 1 there were substituted the following paragraph:—

“1.   The amount of a redundancy payment to which an employee is entitled in any case to which the Redundancy Payments (National Health Service) (Modification) Order 1993 applies shall, subject to the following provisions of this Schedule, be calculated by reference to the period ending with the relevant date during which he has been employed in relevant health service.”

5.  Schedule 6 to the 1978 Act shall have effect as if in paragraph 1 for the words “Schedule 4” there were substituted the words “Schedule 4 as modified by the Redundancy Payments (Natonal Health Service) (Modification) Order 1993”.

APPENDIX EMPLOYERS WITH WHICH EMPLOYMENT MAY CONSTITUTE RELEVANT HEALTH SERVICE

Any employer described in Schedule 1 whether or not in existence at the time of the relevant event.

(1)

1977 c. 49; section 5(4) was amended by the Public Health Laboratory Service Act 1979 (c. 23), section 1; section 8(1) was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 1, paragraph 28 and by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 1; section 10(1) was substituted by the Health and Social Security Act 1984 (c. 48), section 5(1) and amended by the 1990 Act, section 2(3); section 11(1) was amended by the 1980 Act, Schedule 1, paragraph 31 and by the 1990 Act, Schedule 10; section 37 was amended by the 1980 Act, Schedule 1, paragraph 50, renumbered as section 37(1) by the Health and Medicines Act 1988 (c. 49), section 12(2) and further amended by section 25 of, and Schedule 3 to, that Act; section 128(1) was amended by the 1990 Act, section 26(2).

(2)

1990 c. 19.

(3)

1978 c. 29; part of section 2(1) was renumbered as section 2(1)(a) and section 2(1)(b) was inserted by section 28(a) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”); section 12A was inserted by section 31 of the 1990 Act; section 4 was amended by section 12 of the Health and Medicines Act 1988 (c. 49).

(4)

1984 c. 36.