The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Transfer of Board officers

43.—(1) In this article, “officer” has the same meaning as in the Dental Practice Board Regulations 1992(1).

(2) This article shall apply in relation to an officer of the Board who on 31st March 2006 is wholly or mainly engaged in the performance of duties prescribed under section 37(1)(a) of the 1977 Act or other functions conferred under section 37(1) and (1C) of that Act(2).

(3) Any officer of the Board to whom paragraph (1) applies shall, on 1st April 2006, be transferred to the employment of the NHS Business Services Authority.

(4) The contract of employment of an officer of the Board transferred under paragraph (2)—

(a) is not terminated by the transfer; and

(b) has effect from the time of the transfer as if originally made between the officer and the NHS Business Services Authority.

(5) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of the Board are transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), to the NHS Business Services Authority; and

(b) anything done before the date of the transfer by or in relation to the Board in respect of an officer or his contract of employment, shall be deemed to have been done by or in relation to the NHS Business Services Authority.

(6) Paragraphs (2) and (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the NHS Business Services Authority and has informed the Board.

(7) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the Board shall be terminated immediately before the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the Board.

(8) This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.

(1)

S.I. 1992/655.

(2)

Section 37(1C) was inserted by the Health and Medicines Act 1988 (c. 49), section 12(3).