SCHEDULES
SCHEDULE 9Transfers to SOCA or NPIA
Director and staff of Agency
I12
1
A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA.
2
If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA.
3
If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.
I23
1
A transfer scheme may provide—
a
for any secondment by virtue of which a person serves as the Director or a member of staff of the Agency to have effect as a secondment to SOCA or NPIA; and
b
for him to serve as a member of the staff of SOCA or (as the case may be) NPIA.
2
The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA or (as the case may be) NPIA.
I34
1
A transfer scheme may provide—
a
for the transfer to SOCA or (as the case may be) NPIA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA or NPIA by virtue of the scheme;
b
for anything done before that transfer by, or in relation to, the employer in respect of such a contract or the employee to be treated as having been done by, or in relation to, SOCA or (as the case may be) NPIA.
2
Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA—
a
did not have a contract of employment; or
b
held an appointment by virtue of a secondment.
3
A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).
I45
1
A transfer scheme may provide for a person who—
a
is the Director or a member of staff of the Agency; and
b
would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;
not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him.
2
A 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.
I56
1
A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.
2
The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.