The Administration of the Rent Officer Service (Wales) Order 2003

Transfer of Staff

4.  Without prejudice to article 3:

(a) subject to paragraphs (d) to (g) below, all rights, powers, duties and liabilities of the relevant body under, or in connection with, a contract of employment to which Article 3 of this Order applies, are, by virtue of this Order, transferred from the transfer date to the National Assembly;

(b) subject to paragraphs (d) to (g) below, anything which before the transfer date was being done by, to or in relation to a relevant employee in respect of a contract of employment, may be continued after that date by, to or in relation to that person;

(c) subject to paragraphs (d) to (g) below, anything which before the transfer date was being done by, to or in relation to, a relevant body in respect of such a contract of employment or a relevant employee, is to be deemed from the transfer date to have been done by, to or in relation to, the National Assembly;

(d) subject to paragraph (e), where the appointment of a relevant employee was made subject to rights, liabilities, powers or duties, any of those rights, liabilities, powers and duties which existed immediately before the transfer date continue to exist;

(e) subject to paragraph (f), all of the proper officer’s or relevant body’s rights, liabilities, powers and duties, to which the appointment of a relevant employee was subject, are, by virtue of this Order, transferred to the National Assembly subject to any modifications necessary to enable them to apply in relation to the National Assembly instead of the proper officer or, as the case may be, the relevant body;

(f) paragraph (e) does not transfer or otherwise affect —

(i) the liabilities of any person to be prosecuted for, convicted of and sentenced for any offence; or

(ii) the liabilities of any person to pay compensation to or in respect of a relevant employee arising from anything done or a failure to do anything before the transfer date, and

(g) nothing in this Order affects any right of a relevant employee to terminate his or her appointment but no such right arises by reason only of the transfer to the National Assembly effected by this Order.