British-Irish Agreement Act, 1999

Transfer of staff to Bodies.

40.—(1) (a) Where the appropriate Minister in relation to a particular Body designates an officer of his or hers for the purposes of this section, the officer shall, on such day as may be specified by the appropriate Minister, be transferred to, and become and be a member of, the staff of the Body.

(b) A designation may be made under paragraph (a) in relation to an officer of the appropriate Minister whose duties relate wholly or mainly to a function transferred to the Body to which the designation relates or who consents to the designation.

(c) A designation under this subsection may be made at any time before but not more than 2 years after the day on which the functions of the appropriate Minister are transferred under this Act.

(d) Before making a designation under this section the appropriate Minister shall consult the person concerned and any recognised trade union of which he or she is a member.

(2) Where the Minister for Arts, Heritage, Gaeltacht and the Islands designates a person who immediately before the dissolution of Bord na Gaeilge was a member of its staff for the purposes of this section, the member shall, on such day as may be specified by that Minister of the Government, be transferred to, and become and be a member of, the staff of An Foras Teanga.

(3) Where the Minister for the Marine and Natural Resources designates a person who immediately before the dissolution of the Foyle Fisheries Commission or the Commissioners of Irish Lights was a member of the staff of either of those bodies for the purposes of this section, the member shall, on such day as may be specified by that Minister of the Government, be transferred to, and become and be a member of, the staff of The Foyle, Carlingford and Irish Lights Commission.

(4) (a) Where the Minister for Enterprise, Trade and Employment designates a member of the staff of Enterprise Ireland or Forfás for the purposes of this section, the member shall, on such day as may be specified by that Minister of the Government, be transferred to and become a member of the staff of The Trade and Business Development Body.

(b) Paragraphs (b), (c) and (d) of subsection (1) shall apply to a designation under this subsection as it applies to a designation under that subsection with any necessary modifications.

(5) (a) In this subsection “the transferor” means Bord na Gaeilge, the Foyle Fisheries Commission, the Commissioners of Irish Lights, Enterprise Ireland or Forfás, as may be appropriate.

(b) The contract of employment between a person designated under subsection (2), (3) or (4) and the transferor shall have effect on and from the day specified by the appropriate Minister in relation to the designation as if originally made between the person and the Body of whose staff he or she becomes a member by virtue of the designation.

(c) Without prejudice to paragraph (b)

(i) all the transferor's rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of that paragraph be transferred to the Body aforesaid on the day referred to in that paragraph;

(ii) anything done before that day by or in relation to the transferor in respect of that contract or the person shall be deemed from that day to have been done by or in relation to the said Body.

(d) Paragraphs (b) and (c) are without prejudice to any right of a person designated as aforesaid to terminate his or her contract of employment if a substantial change is made to his or her detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by paragraph (b).

(6) In relation to staff transferred by this section, previous service in the civil service, Bord na Gaeilge, the Foyle Fisheries Commission, the Commissioners of Irish Lights, Enterprise Ireland or Forfás shall be reckonable for the purposes of the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993.