Children and Families Act 2014

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing for designated members of staff of the Office for Standards in Education, Children’s Services and Skills (“the Office”) to become members of the Children’s Commissioner’s staff.

(2) A staff transfer scheme may provide—

(a) for the terms and conditions of service of a member of staff of the Office to have effect (subject to any necessary modifications) as the terms and conditions of service as a member of the Children’s Commissioner’s staff;

(b) for the transfer to the Children’s Commissioner of the rights, powers, duties and liabilities of the Office under or in connection with the contract of employment of the member of staff;

(c) for anything done (or having effect as if done) before that transfer by or in relation to the Office in respect of such a contract or the member of staff to be treated as having been done by or in relation to the Children’s Commissioner.

(3) A staff transfer scheme may provide for a period before a person became a member of the Children’s Commissioner’s staff to count as a period during which he or she was a member of the Commissioner’s staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(4) A staff transfer scheme may provide for a person who would be treated (by an Act or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for a person who is a member of staff of the Office not to become a member of the Children’s Commissioner’s staff if the person gives notice objecting to the operation of the scheme in relation to him or her.