The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005

Transfer of officers from the Prescription Pricing Authority

This section has no associated Explanatory Memorandum

6.—(1) This paragraph applies in relation to an officer of the Prescription Pricing Authority who was notified in writing on or before 2nd June 2005 that he was to be transferred to the Institute.

(2) Any officer to whom paragraph (1) applies shall on 1st July 2005 be transferred to the employment of the Institute.

(3) The contract of employment of an officer transferred under paragraph (2)—

(a)is not terminated by the transfer, and

(b)has effect from the time of the transfer as if originally made between the officer and the Institute.

(4) Without prejudice to paragraph (3)—

(a)all the rights, powers, duties and liabilities of the Prescription Pricing Authority, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Institute; and

(b)anything done before the date of the transfer by or in relation to the Prescription Pricing Authority, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Institute.

(5) Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the Institute and has informed the Prescription Pricing Authority of that objection by 30th June 2005.

(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with the Prescription Pricing Authority shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the Prescription Pricing Authority.

(7) This article is without prejudice to any right of an officer 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 that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.