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The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013

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1.—(1) On the coming into force of this Order, each person who was, immediately before then, a member of the staff of the Commission for Ethical Standards in Public Life in Scotland (“the Commission”) transfers to and becomes a member of the staff of the Commissioner for Ethical Standards in Public Life in Scotland (“the Commissioner”).

(2) The contract of employment of a person who becomes a member of staff of the Commissioner by virtue of sub-paragraph (1)—

(a)is not terminated by the transfer; and

(b)has effect from the coming into force of this Order as if originally made between the person and the Commissioner.

(3) Without prejudice to sub-paragraph (2)—

(a)all the previous employer’s rights, powers, duties and liabilities under or in connection with the person’s contract of employment are, on the coming into force of this Order, transferred to the Commissioner; and

(b)anything done by the Commission before then in respect of that contract or that person is to be treated from then as having been done by the Commissioner.

(4) This paragraph does not prejudice any right of any person to terminate that person’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of that person, but a change is not to be taken to have occurred by reason only that the identity of the person’s employer changes by virtue of this paragraph.

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