National Citizen Service Act 2017

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated members of staff of the NCS Trust C.I.C (a community interest company registered in England with company registration number 08235117) (“the company”) to the National Citizen Service Trust (to be established by Royal Charter) (“the Charter body”).

(2) A staff transfer scheme may provide—

(a) for the terms and conditions of service of a member of staff of the company to have effect (subject to any necessary modifications) as the terms and conditions of service of a member of staff of the Charter body,

(b) for the transfer to the Charter body of the rights, powers, duties and liabilities of the company 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 company in respect of such a contract or the member of staff to be treated as having been done by or in relation to the Charter body.

(3) A staff transfer scheme may provide for a period before a person became a member of staff of the Charter body to count as a period during which he or she was a member of staff of the Charter body (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 company not to become a member of staff of the Charter body if the person gives notice objecting to the operation of the scheme in relation to him or her.