Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Effect of appointment as adjudicator on terms of employment or contract with Commission | ||
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82. (1) Nothing in this Part shall preclude the Commission from relying on any aspect of a contract of service or contract for services in relation to the performance or non-performance of tasks other than— | ||
(a) the functions of an adjudicator under this Act, and | ||
(b) the functions of a person required to assist adjudicators under section 81 (1)(a) when assisting an adjudicator. | ||
(2) The appointment of a person as an adjudicator shall not in itself— | ||
(a) constitute employment by or within the Commission, | ||
(b) constitute the holding of a position in the civil service, or | ||
(c) otherwise create a contract between an adjudicator on the one part and the Minister or the Commission on the other part. | ||
(3) Save in relation to the application of independence requirements to an adjudicator, nothing in this Part shall alter the terms and conditions of employment of an adjudicator who is an employee of the Commission on the date on which this section comes into operation. | ||
(4) Save for such limited exceptions consistent with the independence of adjudicators in the performance of their functions that the Minister may prescribe, nothing in this Part shall prevent the application by the Commission of disciplinary procedures under a contract of employment save in respect of— | ||
(a) the tasks of an adjudicator under this Act, and | ||
(b) the tasks of a person required to assist adjudicators under section 81 (1)(a) when assisting an adjudicator. | ||
(5) The Minister may make regulations to give further effect to this section. |