3(1)The employees to whom a transfer scheme may apply are those employees who fall within sub-paragraph (2).U.K.
(2)An employee falls within this sub-paragraph if, immediately before the staff transfer scheme takes effect, the employee—
(a)was employed by the HSE under a contract of employment, and
(b)was assigned to work in the interim ONR.
(3)Sub-paragraph (4) applies for the purposes of determining whether an employee was assigned as mentioned in sub-paragraph (2) where, immediately before the transfer scheme takes effect, the employee—
(a)is on secondment,
(b)is temporarily assigned to work in another part of the HSE, or
(c)is otherwise temporarily absent.
(4)That sub-paragraph is to be read as if it operated immediately before the date of the secondment or temporary assignment, or the date when the absence began, instead of immediately before the date on which the scheme takes effect.