[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 - SECT 77

77.(1) The Ministry shall make a scheme or schemes providing for the transfer
on [1st October 1973] to the employment of the Ministry, such Health and
Social Services Board as may be specified in the scheme or schemes, the Agency
or the Staffs Council of officers who immediately before the transfer are
employed by

(a)the Northern Ireland Hospitals Authority;

(b)the Northern Ireland General Health Services Board;

(c)the Staffs Council appointed under section 1 of the Health Services Act
(Northern Ireland) 1971;

(d)a health or welfare authority wholly or mainly for health or welfare
purposes.

(2) A scheme made under paragraph (1) shall include provision with respect to
any person who is transferred under the scheme as to secure that

(a)so long as he continues in the employment of the Ministry, any Health and
Social Services Board, the Agency or the Staffs Council, as the case requires,
by virtue of the transfer and until he is served with a statement in writing
of his new terms and conditions of employment, he enjoys terms and conditions
of employment (including conditions as to superannuation benefits) not less
favourable than those he enjoyed immediately before 17th November 1971; and

(b)the said new terms and conditions are such that

(i)so long as he is engaged in duties reasonably comparable to those in which
he was engaged immediately before the date of the transfer, the scale of his
remuneration; and

(ii)the other terms and conditions of his employment;

(b)are taken as a whole not less favourable than those he enjoyed immediately
before 17th November 1971.

(3) Where, in relation to a person who is transferred by a scheme under
paragraph (1), the terms and conditions of his employment (including
conditions as to superannuation benefits) are on or after 17th November 1971
varied in any respect, the Ministry may direct that the variation shall be
wholly or partially included among the terms and conditions on which he
becomes employed by the Ministry, any Health and Social Services Board, the
Agency or the Staffs Council, as the case requires; and paragraph (2) shall
have effect in relation to him as if so much of the variation as is specified
in the direction had been included in the terms and conditions of his
employment immediately before 17th November 1971.

(4) A written statement given in accordance with section 4 of the Contracts of
Employment and Redundancy Payments Act (Northern Ireland) 1965 shall not be
regarded as a statement of new terms and conditions of employment for the
purpose of paragraph (2) unless the statement so indicates.

(5) Where a person enters the employment of the Northern Ireland Hospitals
Authority, the Northern Ireland General Health Services Board, the Staffs
Council appointed under section 1 of the Health Services Act (Northern
Ireland) 1971 or a health or welfare authority on or after 17th November 1971
but before [1st October 1973], paragraphs (2) and (3) shall have effect as if
for any reference to terms and conditions of employment enjoyed immediately
before 17th November 1971 there were substituted a reference to terms and
conditions of employment enjoyed immediately after entering that employment.

(6) In paragraphs (2) and (3) "terms and conditions of employment" includes
any restriction under a transferred provision on the termination of the
employment of any person.

(7) The Ministry may, by order subject to affirmative resolution, modify the
Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965,
in its application to any person transferred to the employment of the
Ministry, a Health and Social Services Board, the Agency or the Staffs Council
by virtue of a scheme under paragraph (1).

© 1972 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/hapssio1972516/s1972.html