Road Safety Authority Act 2006

Staff.

18.— (1) Any person who immediately before the establishment day was a member of the staff of the Department of Transport and who is designated by the Minister for employment in the Authority shall on the appointed day be transferred to and become a member of the staff of the Authority.

(2) The Minister may by order appoint a day to be the appointed day for the purposes of subsection (1).

(3) The Authority may appoint such number of persons to be members of the staff of the Authority as it may determine from time to time with the consent of the Minister with the agreement of the Minister for Finance.

(4) A member of the staff of the Authority—

(a) (other than the chief executive) shall be paid out of the moneys at the disposal of the Authority such remuneration and allowances for expenses incurred by him or her as the Board may, with the consent of the Minister with the agreement of the Minister for Finance, determine,

(b) referred to in paragraph (a) shall hold office or employment on such other terms and conditions as the Board may, with the consent of the Minister with the agreement of the Minister for Finance, determine.

(5) The grades of the staff of the Authority and the numbers of staff in each grade shall be determined by the Board with the consent of the Minister with the agreement of the Minister for Finance.

(6) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, the terms and conditions relating to tenure of office which are granted by the Board in relation to a member of the staff of the Authority who immediately before the establishment day was a member of the staff of the Department of Transport shall not, while he or she is in the service of the Authority, be less favourable to him or her than those prevailing immediately before the establishment day.

(7) Save in accordance with a collective agreement negotiated with any recognised staff associations or trade unions concerned, the scales of pay to which a member of staff referred to in subsection (1) was entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Board or the chief executive, as the case may be, while they are in the service of the Authority.

(8) In relation to staff transferred to the Authority under subsection (1), previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in—

(a) the Redundancy Payments Acts 1967 to 2003,

(b) the Protection of Employees (Part-Time Work) Act 2001 ,

(c) the Protection of Employees (Fixed-Term Work) Act 2003 ,

(d) the Organisation of Working Time Act 1997 ,

(e) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

(f) the Unfair Dismissals Acts 1977 to 2005,

(g) the Terms of Employment (Information) Act 1994 ,

(h) the Parental Leave Act 1998 , and

(i) the Carer's Leave Act 2001 .

(9) The Authority may perform any of its functions through or by the chief executive or any other member of the staff of the Authority duly authorised by the Board in that behalf.