Apprenticeships, Skills, Children and Learning Act 2009

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing— E+W+N.I.

(a) for a designated employee of the QCDA to become a member of Ofqual's staff and, accordingly, to become employed in the civil service of the state;

(b) so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment to have effect as if they were the conditions of service as a member of Ofqual's staff;

(c) for the transfer to Ofqual of the rights, powers, duties and liabilities of the QCDA 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 QCDA in respect of such a contract or the employee to be treated as having been done by or in relation to Ofqual.

(2) A staff transfer scheme may provide for a period before a person became a member of Ofqual's staff to count as a period during which the person was a member of Ofqual's 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 QCDA who would otherwise become a member of Ofqual's staff not to become such a member of staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(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 an employee of the QCDA to become a member of Ofqual's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Commencement Information

I1 Sch. 10 para. 1 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1