§ 46 — Transferring secondments and employees to Agency

46.—(1) On the transfer date, every transferring employee —(a)

stops being an employee of the transferor; and

(b)

is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.

(2) The transfer of a transferring employee to the Agency —(a)

does not interrupt continuity of service;

(b)

does not constitute a retrenchment or redundancy; and

(c)

does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the transferor.

(3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate has been transferred, with effect from the transfer date, by virtue of this section to the Agency, is admissible in evidence in any proceedings as evidence of the matters stated in it.

(4) Nothing in this section prevents —(a)

any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or

(b)

an individual transferred under this section from resigning from the Agency at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable.

(5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring employee to the Agency.

(6) On the transfer date, every public officer or employee of any other public body seconded to the Science and Technology Group of the Ministry of Home Affairs under either of the following that is in force on the eve of the transfer date, continues on secondment to the Agency:(a)

an arrangement made by the transferor;

(b)

an agreement or arrangement between the transferor and a public body.

—(1) On the transfer date, every transferring employee —(a)

stops being an employee of the transferor; and

(b)

is each transferred to the service, and becomes an employee, of the Agency on terms no less favourable than those enjoyed by the employee on the eve of the transfer date.

(2) The transfer of a transferring employee to the Agency —(a)

does not interrupt continuity of service;

(b)

does not constitute a retrenchment or redundancy; and

(c)

does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the transferor.

(3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate has been transferred, with effect from the transfer date, by virtue of this section to the Agency, is admissible in evidence in any proceedings as evidence of the matters stated in it.

(4) Nothing in this section prevents —(a)

any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or

(b)

an individual transferred under this section from resigning from the Agency at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable.

(5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any transferring employee to the Agency.

(6) On the transfer date, every public officer or employee of any other public body seconded to the Science and Technology Group of the Ministry of Home Affairs under either of the following that is in force on the eve of the transfer date, continues on secondment to the Agency:(a)

an arrangement made by the transferor;

(b)

an agreement or arrangement between the transferor and a public body.