Export and Investment Guarantees Act 1991

9 Transferred staff

(1) No scheme under section 8 of this Act shall provide for the transfer of any rights or liabilities relating to a person’s employment, but the [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply to the transfer of property, rights or liabilities by virtue of such a scheme whether or not the transfer would, apart from this subsection, be a relevant transfer for the purposes of those regulations.

(2) Where, by reason of the operation of those regulations in relation to a transfer of property, rights or liabilities by virtue of such a scheme, a person ceases to be employed in the civil service of the State and becomes employed by a transferee—

(a) he shall not, on so ceasing, be treated for the purposes of any scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 as having retired on redundancy, and

(b) his ceasing to be employed in that service shall not be regarded as an occasion of redundancy for the purposes of the agreed redundancy procedures applicable to persons employed in that service.