Transfer of States Undertakings (Protection of Employment) (Amendment) Ordinance, 2001

To access the legislation in printable format, please click the "view printable version" button.

The Transfer of States Undertakings (Protection of Employment) (Amendment) Ordinance, 2001

THE STATES, in exercise of the power conferred on them by section 5 of the Transfer of States Undertakings (Protection of Employment) (Guernsey) Law, 2001[a], hereby order:-

Amendment of section 5.

1. Section 5 of the Transfer of States Undertakings (Protection of Employment) (Guernsey) Law, 2001 is amended as set out in the Schedule to this Ordinance.

Citation.

2. This Ordinance may be cited as the Transfer of States Undertakings (Protection of Employment) (Amendment) Ordinance, 2001.

Commencement.

3. This Ordinance shall come into force on the 1^st October, 2001.

SCHEDULE

After section 5(8) of the Transfer of States Undertakings (Protection of Employment) (Guernsey) Law, 2001, insert the following subsections -

"(9) Subject to subsection (10), the States may by resolution (referred to in this section as "the original resolution") defer the obligations of a transferee arising under, and the rights of any person exercisable by virtue of, this section upon a transfer of the undertaking or any part thereof, until such date, being a date within the period expiring upon the first anniversary of any such transfer, as is specified under the original resolution (referred to in this section as "the specified date").

(10) A deferment under subsection (9) shall cease to be effective before the specified date -

(a) when, in a case where the undertaking or any part thereof has been transferred to a States trading company, that company ceases to be a States trading company; or

(b) if the States, by resolution, so resolve.

(11) When a deferment under subsection (9) ceases to be effective-

(a) the obligations referred to in that subsection shall apply to a transferee in respect of any person employed in the undertaking or the part transferred who was, immediately before the cessation, a member of the public servants' pension scheme by virtue of subsection (12); and

(b) the rights referred to in subsection (9) may be exercised,

in the same manner as if the transfer of the undertaking or part thereof had occurred upon the cessation; and the provisions of this section shall apply accordingly.

(12) Whilst a deferment under subsection (9) is effective, a person-

(a) of a description referred to in section 5(1); or

(b) who is employed in the undertaking or the part transferred after the transfer,

shall, for so long as he continues to be employed in the undertaking or the part transferred, for the purposes specified in subsection (13), be deemed to have a contract of employment with the States.

(13) The purposes referred to in subsection (12) are those purposes relating solely to membership, continued membership and the acquisition of membership of the public servants' pension scheme and no other purposes.".

[a]	Order in Council No. XVIII of 2001.