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The North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999

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Article 21

SCHEDULE 5SUPPLEMENTARY AND TRANSITIONAL PROVISIONS IN CONNECTION WITH THE FOYLE, CARLINGFORD AND IRISH LIGHTS COMMISSION

1.  In this Schedule—

“the transfer” means the transfer of functions under Article 21(1); and

“the transferor” means the Foyle Fisheries Commission.

2.  (1)  In the construction and for the purposes of any enactment or document passed, made or issued before the appointed day, any refrence to, or which is to be construed as a reference to, the transferor shall, so far as may be necessary for the purpose of the transfer, be construed as a reference to the Body.

(2) The transfer shall not affect the validity of any enactment or document made or issued or any other act done by, or in relation to, the transferor before the appointed day; and any such instrument, document or act shall, if in force immediately before that day, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Body.

(3) Anything (including any legal proceedings) in the process of being done by or in relation to the transferor immediately before the appointed day may be continued by or in relation to the Body.

(4) All property, rights and liabilities to which the transferor is entitled or subject immediately before the appointed day shall on that day be transferred to, and by virtue of this Order vest in, the Body.

(5) Sub-paragraph (4) does not apply in relation to rights and liabilities in respect of a contract of employment (which are dealt with in paragraph 3).

(6) A certificate signed by the Minister of Agriculture and Rural Development that any property, right or liability has vested in the Body under sub-paragraph (4) or paragraph 3 shall be conclusive evidence of that fact for all purposes.

3.  (1)  This paragraph applies to any person who immediately before the appointed day is employed by the transferor.

(2) The contract of employment between a person to whom this paragraph applies and the transferor shall have effect from the appointed day as if originally made between him and the Body.

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

(a)all the transferor’s rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies shall by virtue of that sub-paragraph be transferred to the Body on the appointed day;

(b)anything done before that day by or in relation to the transferor in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Body.

(4) Sub-paragraphs (2) and (3) are without prejudice to any right of an employee 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 of the change in employer effected by sub-paragraph (2).

(5) Except in accordance with a collective agreement negotiated with any recognised trade union, a person transferred under sub-paragraph (2) shall not, while in the service of the Body, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he was subject immediately before the appointed day.

(6) Superannuation benefits granted to persons who are transferred under sub-paragraph (2) and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before the appointed day.

(7) If any dispute arises as to whether there has been a contravention of sub-paragraph (6), the matter shall be determined by the Department of Finance and Personnel.

4.  (1)  This paragraph applies to a licence which—

(a)is issued under a relevant provision of the Fisheries Act (Northern Ireland) 1966(1)

(b)is in force immediately before the appointed day; and

(c)authorises the doing of any act in the Newry Area;

but nothing in this paragraph affects the operation of such a licence in relation to any area other than the Newry Area.

(2) In sub-paragraph (1) “a relevant provision” of the Fisheries Act (Northern Ireland) 1966 means a provision of that Act which by virtue of the amendment in Schedule 6 of this Order to section 212(1) of that Act ceases to apply to the Newry Area on the appointed day.

(3) A licence to which this paragraph applies shall, in so far as it authorises the doing of any act in the Newry Area, have effect on and after the appointed day as if issued by the Body under the provision of the 1952 Act corresponding to the relevant provision.

(4) In this paragraph “the Newry Area” has the meaning assigned to it by section 2(1) of the 1952 Act.

5.  Regulations in force immediately before the appointed day under the 1952 Act shall, on and after that day, have effect with appropriate modifications in relation to the Carlingford Area as they have effect (by virtue of paragraph 2) in relation to the Foyle Area.

6.  In Part I of Schedule 1 to the Statutory Rules (Northern Ireland) Order 1979 for the entry relating to the Foyle Fisheries Commission there shall be substituted—

The Foyle, Carlingford and Irish Lights Commission.

7.  (1)  The Department may by order make such other supplementary and transitional provisions for the purposes of Article 21 as it thinks fit.

(2) An order under sub-paragraph (1) shall—

(a)be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and

(b)be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

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