Fisheries Act, 1980

Transfer of staff to Central Board, etc.

29.—(1) Every person who, immediately before the appointed day, is in the whole-time employment of the Trust shall, on such day, be transferred to and become an officer or servant, as may be appropriate, of the Central Board, and all persons so transferred shall, for so long as they remain in the employment of the Central Board, be members of the transferred staff of the Central Board and are in this Act referred to as the “Central Board's transferred staff”.

(2) (a) Subject to subsection (3) of this section, a member of the Central Board's transferred staff shall not, while in the service of the Central Board, 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, immediately before his transfer by virtue of this section, he was subject in the service from which he was so transferred.

(b) A member of a regional board's staff who transfers from the service of that board to the service of the Central Board and who immediately before such transfer was a member of the regional board's transferred staff shall not, while in the service of the Central Board, 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 service of the regional board immediately before his transfer.

(c) Until such time as a staff scheme applicable to a particular member of the Central Board's transferred staff and approved of by the Minister under section 32 of this Act comes into operation, the conditions of service, restrictions, requirements and obligations to which the member was subject immediately before his transfer to the service of the Central Board shall continue to apply to him and may be exercised or imposed by the Central Board or its chief officer, as may be appropriate, while he is in the service of the Central Board.

(3) (a) The Central Board may, subject to subsection (2) of this section and section 31 (1) of this Act and following consultation with any recognised staff associations or trade unions concerned—

(i) redistribute or rearrange the duties to be performed by members of the Central Board's transferred staff or persons to whom subsection (2) (b) of this section applies who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allotted to him in any such redistribution or rearrangement,

(ii) require any such member or person to transfer, in such manner as is specified by the Central Board, to the service of a regional board so specified, and every such member or person shall be bound to transfer in accordance with the requirement.

(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be a removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.