Made | 22nd March 2002 | ||
Coming into force | 1st April 2002 |
Transfer of staff
2.
- (1) Subject to paragraph (2), an eligible employee[4] -
shall transfer on the date of transfer from that old employer to the relevant new employer.
(2) Paragraph (1) does not apply to an eligible employee who was employed by the English National Board Immediately before the date of transfer.
Transfer of property, rights and liabilities
3.
- (1) Subject to the other provisions of this article, on the date of transfer, all the property, rights and liabilities of the old employers shall transfer in each case from the old employer in question to the relevant new employer and vest in the relevant new employer.
(2) Paragraph (1) is to have effect notwithstanding any provision which would otherwise prevent, penalise or restrict the transfer of the property.
(3) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of any property by virtue of paragraph (1).
(4) In the case of such a transfer, any such right is to have effect as if the relevant new employer were the same person in law as the old employer in question and as if no transfer of the property had taken place.
(5) Liabilities of any member of an old employer, which were incurred in pursuance of their duties as a member, shall, on the date of transfer, transfer to and vest in the relevant new employer.
Winding up of affairs of old employers
4.
- (1) Subject to paragraph (2), the relevant new employer shall -
(2) Where the old employer was the English National Board, the functions mentioned in paragraph (1)(a) and (b) shall be exercised by the persons who at the time of the dissolution of the English National Board hold the offices of Chief Executive Officer and Principal Finance Officer of the Board[5].
Provision for continuity in the exercise of functions
5.
Anything done by or on behalf of or in relation to an old employer in the exercise of its functions shall be treated as from the date of transfer as having been done by or on behalf of or in relation to the new employer.
A.K. Galloway
Clerk of the Privy Council
Column (1) | Column (2) |
Name of old employer | Name of relevant new employer |
United Kingdom Central Council for Nursing, Midwifery and Health Visiting[6] | Nursing and Midwifery Council |
English National Board for Nursing, Midwifery and Health Visiting[7] | Secretary of State |
National Board for Nursing, Midwifery and Health Visiting for Scotland[8] | The Special Health Board known as NHS Education for Scotland[9] |
Welsh National Board for Nursing, Midwifery and Health Visiting[10] | National Assemby for Wales |
National Board for Nursing, Midwifery and Health Visiting for Northern Ireland[11] | Northern Ireland Central Services Agency for the Health and Social Services[12] |
[3] see section 5 of the Act.back
[4] "eligible employee" is defined in paragraph 20 of Schedule 2 to the Order for the purposes of paragraphs 20 and 21 as a person who is employed under a contract of employment with the old employer.back
[5] The Chief Executive Officer is appointed under section 5(7)(a) of the Act and the Principal Finance Officer is appointed under section 5(7)(b) of the Act and S.I. 1993/629 to which there are amendments which are not relevant to this Order.back
[6] See section 1 of the Act.back
[7] See section 5 of the Act.back
[8] See section 5 of the Act.back
[9] The NHS Education for Scotland Order 2002, S.S.I. 2002/103.back
[10] See section 5 of the Act.back
[11] See section 5 of the Act.back
[12] Health and Personal Social Services (Northern Ireland) Order 1972, article 26(1) (S.I. 1972/1265 (N.I.14)).back