- Latest available (Revised)
- Original (As enacted)
Public Authorities (Reform) Act (Northern Ireland) 2009
You are here:
- 2009 c. 3
- SCHEDULE 1
- PART 1
- Transferring employees
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Public Authorities (Reform) Act (Northern Ireland) 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders yet to be applied to the Public Authorities (Reform) Act (Northern Ireland) 2009:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.R. 2009/172 art. 2 commences (2009 c. 3 (N.I.))
Commencement Orders bringing legislation that affects this Act into force:
- S.R. 2010/147 art. 2 commences (2010 c. 3 (N.I.))
Prospective
Transferring employeesN.I.
3—(1) This paragraph applies to persons who immediately before the appointed day are employed by the Board.N.I.
(2) The Department shall make a scheme providing for the transfer as from the appointed day of persons to whom this paragraph applies to the employment of the Department.
(3) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer effected by the scheme whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those regulations.
(4) The scheme shall—
(a)identify transferring employees (whether by name or otherwise);
(b)include provision securing pension protection for such employees;
(c)include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and
(d)include provision for the payment of compensation by the Department to any such employee who suffers loss or detriment in consequence of that transfer.
(5) Procedures under sub-paragraph (4)(c) must involve consideration of grievances by a person other than—
(a)a member, or member of staff, of the Board; or
(b)a member of the Northern Ireland civil service.
(6) The scheme may include supplementary, incidental, transitional and consequential provision.
(7) Before making the scheme the Department shall consult—
(a)in the case of a scheme which identifies transferring employees by name, those employees; and
(b)in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the Department to be representative of transferring employees.
(8) For the purposes of this paragraph—
(a)“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as a member of the Northern Ireland civil service, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of the Board;
(b)“the scheme” means the scheme made under this paragraph; and
(c)“transferring employee” means an employee of the Board who is transferred to the employment of the Department by the scheme.
Options/Help
Print Options
Print The Whole Act
Print The Whole Schedule
Print The Whole Part
Print This Cross Heading only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources