Criminal Justice and Courts Services Act 2000

22 Effect of transfer of chief probation officers

(1) This section applies where a scheme made by virtue of section 20 provides for a person who is employed as chief probation officer under a contract of employment with a probation committee to be appointed as chief officer of a local probation board.

(2) The officer’s period of employment with the committee counts as a period of employment in his Crown employment and the appointment does not break the continuity of that employment.

(3) So far as it is consistent with appointment under paragraphs 2 and 3 of Schedule 1, the terms and conditions of the officer’s contract of employment have effect on and after his appointment as if they were terms and conditions of his Crown employment.

(4) Section 21(2) applies, with the necessary modifications, in relation to the officer as it applies in relation to an employee of a probation committee whose contract of employment is transferred to the local probation board.

(5) The officer is not to be treated, for the purposes of the [1996 c. 18.] Employment Rights Act 1996, as having been dismissed by the probation committee by reason of his appointment.

(6) But if the officer informs the probation committee or the Secretary of State that he objects to the appointment, subsections (2) to (5) do not apply.

(7) Where the officer is not appointed as chief officer of a local probation board (whether because he objects to the appointment or for any other reason), his contract of employment is terminated immediately before the date on which the committee ceases to exist; and he is to be treated, for the purposes of the [1996 c. 18.] Employment Rights Act 1996, as having been dismissed by the committee.

(8) In this section, “Crown employment” means the employment which the chief officer of a local probation board is to be treated as employed in, for the purposes of the [1996 c. 18.] Employment Rights Act 1996, by virtue of paragraph 3(5) of Schedule 1 to this Act.