Local Government (Dublin) Act, 1993
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Transfer of staff of dissolved bodies. |
17.—(1) Every officer of a dissolved body shall, on the establishment day, in accordance with such designation as is made or deemed to be made under article 8 of the Regulations of 1993, transfer to and become an officer of the county council established by section 11 to which the officer is so designated or deemed to be so designated for transfer. Every office held by such an officer shall be deemed to become an office under the county council to which its holder is so designated or deemed to be so designated for transfer. | |
(2) Every office of a dissolved body, which is vacant on the establishment day, and to which it is proposed to make an appointment shall, on the establishment day, in accordance with article 8 (3) of the Regulations of 1993, transfer to and become an office under the county council to which its appointee is so designated for transfer. A person appointed to such an office shall, on appointment, become an officer of the county council to which the office was, on the establishment day, transferred. | ||
(3) Every employee of a dissolved body, not being an officer of such dissolved body shall, on the establishment day, in accordance with such designation as is made or deemed to be made under article 8 of the Regulations of 1993, transfer to and become an employee of the county council established by section 11 to which the employee is so designated or deemed to be so designated for transfer. | ||
(4) Where on or before the establishment day it is proposed to appoint a person as an employee pursuant to article 8 (3) of the Regulations of 1993, such person shall, on appointment, become an employee of the county council specified in the designation made under the aforementioned article. | ||
(5) Every contract of service express or implied which is in force immediately before the establishment day between a dissolved body and any person to whom subsection(3) applies shall continue in force on and after the establishment day, but shall be construed and have effect as if the county council by which the person so becomes employed were substituted therein for such dissolved body, and every such contract shall be enforceable by or against such county council accordingly. | ||
(6) The provisions of the Second Schedule relating to contracts shall not apply to a contract of service to which subsection (5) applies. | ||
(7) For the purposes of any enactment relating to superannuation, the office of an officer who on the establishment day was an officer of a dissolved body shall be deemed not to have been abolished. | ||
(8) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer or employee of a dissolved body who is transferred pursuant to this section to a county council established by section 11 shall not, while in the service of that council receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which the officer or employee was entitled and the conditions of service to which that person was subject immediately before the establishment day. | ||
(9) Notwithstanding section 6 (1) of the Local Authorities (Officers and Employees) Act, 1926 a county council established by section 11 may appoint a person within a period of five years from the establishment day, to an office to which the said Act applies other than an office of county manager, provided that the person concerned was the subject of a designation made or deemed to be made pursuant to article 8 (1) of the Regulations of 1993 and already holds in a permanent and pensionable capacity a similar office with one of the other two county councils established by section 11 . | ||
(10) For the purposes of subsection (9) “similar office” means an office carrying the same title and to which the same qualifications and particulars of office apply. |