National Council For Educational Awards Act, 1979

Transferred staff.

13.—(1) Every person who, immediately before the commencement of this Act, is employed whole-time by the body of persons then calling itself the National Council for Educational Awards shall, on such commencement, be transferred to and become an officer or servant, as may be appropriate, of the Council, and all persons so transferred, shall, for so long as they remain in the employment of the Council, be members of the transferred staff of the Council and are in this Act referred to as “the Council's transferred staff”.

(2) (a) Subject to subsection (4) of this section, a member of the Council's transferred staff shall not, while in the service of the Council, 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 from which he was transferred by virtue of this section.

(b) The conditions of service, restrictions, requirements and obligations to which a member of the Council's transferred staff was subject immediately before his transfer to the service of the Council shall, unless they are varied by agreement, continue to apply to him and may be exercised or imposed by the Council or the Director, as may be appropriate, while he is in the service of the Council.

(3) A member of the Council's transferred staff shall not, while in the service of the Council, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump sum, pension or gratuity or of compensation for loss of office) than the conditions which applied to him immediately before his transfer by virtue of this section to the service of the Council.

(4) (a) The Council may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by members of the Council's transferred staff who are employed in a particular grade or class of employment and every such member shall be bound to perform the duties allocated to him in any such redistribution or rearrangement.

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