Cork Fever Hospital Act, 1935

Transfer of officers of existing committee.

43.—(1) Every person who on the day before the appointed day is a paid officer of the existing committee shall on the appointed day and, subject to the provisions of this section, be transferred to and be and become an officer of the Board.

(2) Every person transferred by this section shall, subject to the provisions of this section, perform in the employment of the Board duties analogous to those performed by him in the employment of the existing committee before his transfer.

(3) Every person transferred by this section shall not without his consent receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the employment of the existing committee.

(4) The Board may, with the approval of the Minister, redistribute or rearrange the duties to be performed by officers transferred to it by this section, and every such officer shall be bound to perform the duties allotted to him on any such redistribution or rearrangement, and no such redistribution or rearrangement shall be deemed to be a removal from or abolition of office for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act.

(5) The Board may, with the sanction of the Minister, and shall when so directed by the Minister, abolish the office of any officer transferred to it by this section, and every officer whose office is so abolished shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, be deemed to have been removed from office by the Board for a cause other than misconduct or incapacity.

(6) For the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, an officer transferred by this section whose office is abolished under the immediately preceding sub-section shall, notwithstanding that he does not devote his whole time to the service of the Board, be deemed to be a pensionable officer of the Board.

(7) Until the existing fever hospital is closed under this Act any person transferred by this section shall, if so required by the Board, remain at the existing fever hospital and perform such duties there as the Board may require.

(8) If any question arises under sub-section (3) of this section in relation to any person transferred by this section such question shall be referred to the Minister whose decision shall be final.