Public Audit (Wales) Act 2004
2004 CHAPTER 23
Territorial Extent and Devolution
Schedule 3: Transfer Schemes
159.This Schedule sets out provisions in relation to transfer schemes to be made by the Secretary of State, with the consent of the Assembly, for the transfer to the Auditor General of property, rights and liabilities of the Comptroller and Auditor General and of the Audit Commission. The schemes can cover the transfer of staff. Transfers of staff may be governed by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794), as amended. If not, Schedule 3 ensures, in accordance with Government policy, that the transfers will comply with the principles underlying those Regulations, and that staff will be treated no less favourably than they would have been had the Regulations applied. This means, amongst other things, that staff transferring will retain continuity of employment and their terms and conditions of employment after the transfer will be no less favourable to them than those on which they were employed immediately before the transfer. Matters such as pension rights, which would not be covered by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (as amended), even if those Regulations apply, will be dealt with in the transfer schemes.
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