Education and Inspections Act 2006

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for an employee of the ALI or the CSCI to become a member of the staff of the Office;

(b) for his contract of employment to have effect (subject to any necessary modifications) as his conditions of service as a member of the staff of the Office;

(c) for the transfer to the Office of the rights, powers, duties and liabilities of the ALI or the CSCI under or in connection with the employee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the ALI or the CSCI in respect of such a contract or the employee to be treated as having been done by or in relation to the Office.

(2) A staff transfer scheme may provide for a period before a person became a member of the staff of the Office to count as a period during which he was a member of its staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for an employee of the ALI or the CSCI who would otherwise become a member of the staff of the Office not to become such a member of staff if he gives notice objecting to the operation of the scheme in relation to him.

(4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for—

(a) section 3 of the Act of Settlement (1700 c. 2),

(b) section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), and

(c) any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,

not to apply in relation to service as a member of the staff of the Office by a person who becomes a member of its staff pursuant to the scheme.