Health Act, 1970
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Transfer of certain officers and continuance of certain contracts of service. |
37.—(1) On the commencement of section 6 every officer of each local authority appointing members of the health board who, immediately before such commencement, was an officer to be transferred under this subsection shall become an officer of the health board and, for the purpose of any enactment relating to superannuation, his office under the local authority shall be deemed not to have been abolished. | |
(2) In subsection (1) the reference to an officer to be transferred under that subsection shall be construed as referring to any of the following officers— | ||
(a) any officer whose duties relate solely to services which, on the commencement of section 6, are to become transferred to the health board, | ||
(b) any officer, other than an officer referred to in paragraph (a), in relation to whom ministerial functions under the Local Government Acts, 1925 to 1968, are vested in the Minister, other than any such officer designated by the Minister as being an officer not to be transferred under that subsection, and | ||
(c) any officer, other than an officer referred to in paragraph (a) or an officer to be transferred under paragraph (b), who has been designated by the local authority appointing members of the health board as an officer to be transferred under that subsection. | ||
(3) Where, immediately before the commencement of this section, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office to which the holder would be transferred to the health board pursuant to subsection (1), the selection shall be completed in such manner as the Commissioners think proper, and the person or one of the persons so selected and recommended by the Commissioners for appointment shall be appointed by the health board as if the selection and recommendation were made on a request made under section 6 of the Local Authorities (Officers and Employees) Act, 1926 , by the chief executive officer to the health board after such commencement. | ||
(4) Any question arising as to whether a particular officer or officers of a particular class is or are transferred pursuant to subsection (1) or as to the board to which an officer is to be transferred shall be referred to and decided by the Minister. | ||
(5) Every contract of service, express or implied, which was in force immediately before the commencement of this section between a local authority appointing members of the health board and any person who was not an officer of the local authority but who was a person to be transferred under this subsection, shall continue in force after such commencement, but shall be construed and have effect as if the health board were substituted therein for the local authority, and every such contract shall be enforceable by or against the health board accordingly. | ||
(6) In subsection (5) the reference to a person to be transferred under that subsection shall be construed as referring to— | ||
(a) any person engaged solely in relation to services which, on the commencement of section 6, are to become transferred to the health board, and | ||
(b) any person, other than a person referred to in paragraph (a), who had been designated by the local authority appointing members of the health board as a person to be transferred under that subsection. | ||
(7) Any question arising in relation to subsection (5) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred under that subsection shall be referred to and decided by the Minister. |