Energy Act 2013

PART 2 Staff transfer schemes

Power to make staff transfer schemes

2 (1) The Secretary of State may make one or more schemes under which an employee to whom the scheme applies becomes an employee of the ONR (but this is subject to provision contained in the scheme by virtue of paragraph 6).

(2) A scheme under sub-paragraph (1) is referred to in this Schedule as a “staff transfer scheme”.

Staff to whom a transfer may apply

3 (1) The employees to whom a transfer scheme may apply are those employees who fall within sub-paragraph (2).

(2) An employee falls within this sub-paragraph if, immediately before the staff transfer scheme takes effect, the employee—

(a) was employed by the HSE under a contract of employment, and

(b) was assigned to work in the interim ONR.

(3) Sub-paragraph (4) applies for the purposes of determining whether an employee was assigned as mentioned in sub-paragraph (2) where, immediately before the transfer scheme takes effect, the employee—

(a) is on secondment,

(b) is temporarily assigned to work in another part of the HSE, or

(c) is otherwise temporarily absent.

(4) That sub-paragraph is to be read as if it operated immediately before the date of the secondment or temporary assignment, or the date when the absence began, instead of immediately before the date on which the scheme takes effect.

Content of a staff transfer scheme

4 (1) A staff transfer scheme may make provision for giving full effect to an employee’s transfer into the employment of the ONR as a result of the scheme.

(2) Provision made by virtue of sub-paragraph (1) may include provision—

(a) that has the same or similar effect as the TUPE regulations (so far as those regulations do not apply in relation to the transfer);

(b) modifying the law (including provision made by an Act or subordinate legislation) applicable to the employee’s employment;

(c) about the pension entitlements of the employee enjoyed immediately before the transfer.

5 (1) A staff transfer scheme may apply to all, or to any specified class or description of, the employees falling within paragraph 3(2) or to specified employees so falling.

(2) “Specified” means specified in the scheme.

6 (1) A staff transfer scheme may make provision enabling an employee to object to the transfer which would otherwise be effected by the scheme including provision as to how such an objection is to be made and as to the consequences of it.

(2) A staff transfer scheme may make provision allowing an employee to be treated as being temporarily assigned to the ONR for a period limited by the scheme, whether at the employee’s election or in the exercise of a discretion conferred on the Secretary of State by the scheme.

(3) Provision made by virtue of sub-paragraph (2) may include provision—

(a) allowing the employee to elect to end the period of temporary assignment by agreeing to become an employee of the ONR or by objecting to the transfer under sub-paragraph (1);

(b) as to the consequences of the expiry of the period of temporary assignment without such an election having been made;

(c) as to the employee’s pay (and the liability to pay it) and the terms and conditions on which the employee is engaged.