|
|
Provisions in relation to transferred officers.
|
24.—(1) In this section—
|
|
| |
the expression “transferred officer” means and includes an officer who is transferred by or under this Part of this Act either from the service of an abolished body to the service of the successor of such abolished body or from the service of the County Council or of the Board of Health to the service of the City Corporation;
|
|
| |
in relation to an officer so transferred from the service of an abolished body, the expression “the predecessor” means the abolished body from whose service he was so transferred, and the expression “the successor” means the successor of such abolished body;
|
|
| |
in relation to an officer so transferred from the service of the County Council or of the Board of Health, the expression “the predecessor” means the County Council or the Board of Health as the case may require, the expression “the successor” means the City Corporation, and the expression “the appointed day” means the 1st day of April, 1931.
|
|
| |
(2) Every transferred officer shall, on and after the appointed day until he is continued, appointed, or removed under or by the subsequent provisions of this section, perform in the service of the successor either (as the circumstances may require) the like duties as he performed in the service of the predecessor or such duties as the successor shall direct in relation to the transfer to the successor of the functions of the predecessor and the winding-up of the business of his own office, and until he is so continued, appointed, or removed as aforesaid he shall be entitled to the same salary and emoluments and (so far as circumstances admit) the same conditions of service as were attached to his employment in the service of the predecessor immediately before the appointed day.
|
|
| |
(3) Every transferred officer shall, within two years after the appointed day, either—
|
|
| |
(a) be continued by the successor in the office he held immediately before the appointed day or in an analogous office with analogous duties, or
|
|
| |
(b) be appointed according to law and with his consent to an office in the service of the successor, or
|
|
| |
(c) be removed from office by the successor.
|
|
| |
(4) Every dispute as to whether an office is analogous to another office or as to whether the duties of an office are analogous to the duties of another office shall be determined by the Minister whose decision shall be final.
|
|
| |
(5) Every transferred officer who is not continued, appointed, or removed under the foregoing provisions of this section within two years after the appointed day, shall at the expiration of such two years be removed from office by virtue of this sub-section.
|
|
| |
(6) Every transferred officer who is removed from office under or by virtue of any of the foregoing provisions of this section shall, for the purposes of the enactments relating to superannuation and to compensation for loss of office, be deemed to have been removed from office by the successor for a cause other than misconduct or incapacity and be entitled to reckon his period of service with the predecessor and his period of service under this section with the successor as one continuous period of service with the successor.
|
|
| |
(7) Every transferred officer who is continued or appointed under the foregoing provisions of this section within two years after the appointed day shall be entitled to reckon, for the purposes of the enactments relating to superannuation and to compensation for loss of office, his period of service with the predecessor and his period of service (reckoned as from the appointed day) with the successor as one continuous period of service with the successor.
|
