NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 35 Provisions with respect to the transfer and compensation of staff.

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NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 35

Provisions with respect to the transfer and compensation of staff.

35.(1) Where a municipal functions order or an order under section 33 is made
relating to any function of a [district council] or of a new town commission,
being a function to which section 34 applies, then, subject to subsection (2),
every person who, not having attained the age of sixty-five years on the
date of transfer, was immediately before that date employed by the transferor
for the purposes of that function shall, subject to the order, on that date
(unless he otherwise elects) be employed by the transferee upon terms and
conditions (including conditions as to superannuation benefits) not less
favourable than those which immediately before the date of transfer applied to
his employment by the transferor, with such increases of salary and other
benefits as may before the date of transfer have by virtue of those terms
accrued to him by efflux of time and such further increases of salary and
other benefits as may have been conferred on him by the transferor before the
date of transfer.

(2) Where a person such as is described in subsection (1) was, immediately
before the date of transfer, in the part-time employment of [a district
council], that subsection shall not have effect in relation to him unless, if
the transferee so requires, he agrees to accept employment as a whole-time
officer of the transferee upon terms and conditions on the whole not less
favourable than the terms and conditions (including the benefit of any
increases or further increases such as are described in subsection (1)) that
might reasonably be expected to have applied to his employment by
the transferor immediately before the date of transfer if he had then been in
the whole-time employment of the transferor.

(3) Every person who was employed as a whole-time officer of the transferor
immediately before the date of transfer and who by reason or in consequence of
the transfer of functions to which section 34 applies suffers any direct
pecuniary loss by the termination of his appointment and for whose
compensation for that loss provision is not made by any other
transferred provision for the time being in force, shall be entitled to
compensation under this section for that loss, and such compensation shall be
payable by the Ministry.

(4) Where a person who immediately, before the date of transfer

(a)held a part time office under the transferor, and also

(b)held one or more than one office under any other local or public body,

(i)any direct pecuniary loss by the termination of his appointment under
the transferor, or

(ii)any diminution of his emoluments by reason of his accepting employment as
a whole-time officer of the transferee,

(5) The Ministry shall by regulations make provision for the payment of
compensation under this section and such regulations may include provision as
to the manner in which and the person to whom any claim for such compensation
is to be made, and for the determination of all questions arising under the
regulations.

(6) If a person receiving compensation under this section

(a)where the compensation is payable under subsection (3), obtains any office
under any local or public body; or

(b)where the compensation is payable under subsection (4)

(i)obtains any whole-time office under any local or public body, or

(ii)obtains any office under any local or public body in addition to or
substitution for any office held by him under such a body at the date at which
compensation was assessed, or

<(iii)receives any increase in the remuneration of any such office held by him at the date at which the compensation was assessed,


(7) In this section

(a)the expressions "date of transfer", "transfer", "transferor" and
"transferee" have the same meanings as in Schedule 6;

(b)"officer" includes a servant.

S.36 rep. by 1977 NI 8 art.14(2) sch.

Ss.37, 38 rep. by 1973 NI 21 art.72(2) sch.3. S.39 rep. by SRO (NI) 1973/285;
1978 NI 20 art.77(3) sch.10. S.40 rep. by 1978 NI 11 art.14 sch.3 Pt.II

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Northern Irish Legislation

NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 35