§ 51 — Transferring secondments and employees to Agency

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

stops being an employee of the Agri‑Food and Veterinary Authority; 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) On the transfer date, every transferring NEA employee —(a)

stops being an employee of the National Environment Agency; 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.

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

stops being an employee of the Health Sciences Authority; 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.

(4) The transfer under subsection (1), (2) or (3) of a transferring AVA employee, a transferring NEA employee or a transferring HSA employee (as the case may be) 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 Agri‑Food and Veterinary Authority, the National Environment Agency or the Health Sciences Authority, as the case may be.

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

(6) 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.

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

(8) On the transfer date, every public officer or employee of any other public authority whose services are made available (or is seconded) to the departments of the Agri‑Food and Veterinary Authority or the National Environment Agency mentioned in section 50(1) (as the case may be) under an agreement or arrangement that —(a)

is between the Government or that other public authority and the Agri‑Food and Veterinary Authority or the National Environment Agency, as the case may be; and

(b)

is in force on the eve of the transfer date,

continues on secondment to the Agency.

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

stops being an employee of the Agri‑Food and Veterinary Authority; 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) On the transfer date, every transferring NEA employee —(a)

stops being an employee of the National Environment Agency; 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.

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

stops being an employee of the Health Sciences Authority; 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.

(4) The transfer under subsection (1), (2) or (3) of a transferring AVA employee, a transferring NEA employee or a transferring HSA employee (as the case may be) 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 Agri‑Food and Veterinary Authority, the National Environment Agency or the Health Sciences Authority, as the case may be.

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

(6) 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.

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

(8) On the transfer date, every public officer or employee of any other public authority whose services are made available (or is seconded) to the departments of the Agri‑Food and Veterinary Authority or the National Environment Agency mentioned in section 50(1) (as the case may be) under an agreement or arrangement that —(a)

is between the Government or that other public authority and the Agri‑Food and Veterinary Authority or the National Environment Agency, as the case may be; and

(b)

is in force on the eve of the transfer date,

continues on secondment to the Agency.