The National Health Service (Transfer of Officers) (No. 2) Regulations 1986

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the National Health Service (Transfer of Officers) (No. 2) Regulations 1986 and shall come into operation on 24th March 1986 immediately after the coming into operation of the National Health Service (Transfer of Officers) Regulation 1986.

(2) In these regulations unless the context otherwise requires—

“Authority” means a health authority or a Family Practitioner Committee.

Transfer of officers

2.  Where, in pursuance of a direction by the Secretary of State or otherwise, including any arrangement between Authorities, the exercise of any function is to be transferred from an Authority (“the employing authority”) to another Authority and the employing authority considers that as a consequence any officer in its employment who is engaged in the performance of such function would be similarly engaged if he were transferred to the employment of that other Authority the employing authority shall given notice in writing to the officer that he will be transferred to the employment of that other authority and such transfer shall take effect on the date specified in the notice, being a date not less than one month from and including the date of service of the notice upon the officer or such shorter period as the employing authority and the officer may agree.

Notices

3.  Any notice required to be served under these regulations upon an officer shall state that it is served for the purposes of these regulations and shall contain particulars of any rights of appeal or representations which may be available in relation to that notice to the officer to whom the notice is addressed under any agreement for the time being applicable and approved by the Secretary of State under the National Health Service (Remuneration and Conditions of Service) Regulations 1974(1).

Consequential provisions

4.—(1) Where an officer is transferred to the employment of an Authority under regulation 2 of these regulations the contract of employment between such officer and the Authority by which he was employed immediately before the transfer took effect shall be modified so as to substitute as the employer the Authority to which he is transferred.

(2) Any right or liability which was enforceable by or against an Authority in respect of the employment by such Authority of any officer who is transferred to another Authority by virtue of regulation 2 of these regulations shall be enforceable by or against the Authority to which the officer is transferred.

Preservation of training arrangements

5.  Where arrangements have been made by an Authority from which an officer is transferred under regulation 2 of these regulations and under those arrangements the officer so transferred is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and those arrangements have not been discharged before the officers is transferred under that regulation, those arrangements shall continue to apply with the substitutions for the Authority for which the officer is transferred of the Authority to whose employment he is transferred by virtue of that regulation.

Revocation of the National Health Service (Transfer of Officers) Regulations 1986

6.  The National Health Service (Transfer of Officers) Regulations 1986 are hereby revoked.

Signed by authority of the Secretary of State for Social Services.

Barney Hayhoe

Minister of State

Department of Health and Social Security

17th March 1986