Social Welfare (Supplementary Welfare Allowances) Act, 1975
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Transfer of certain officers and continuance of certain contracts of service. |
23.—(1) On the appointed day every officer of a public assistance authority who, immediately before the appointed day, was an officer to be transferred under this subsection shall become an officer of the health board in whose functional area the functional area of the public assistance authority by which he was formerly employed is included and, for the purpose of any enactment relating to superannuation, his office under the public assistance authority shall be deemed not to have been abolished. | |
(2) In subsection (1) of this section 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 related solely or mainly to services under the Act of 1939 or to such services together with services under the Health Acts, 1947 to 1970, | ||
(b) any officer, other than an officer referred to in paragraph (a) of this subsection who has been designated by a local authority, being a public assistance authority, as an officer to be transferred under that subsection. | ||
(3) Where, immediately before the appointed day, the Local Appointments Commissioners were engaged in the selection of a person or persons to be recommended for appointment to an office of which the holder would be transferred to the health board pursuant to subsection (1) of this section, 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 of the health board after the appointed day. | ||
(4) Where, immediately before the appointed day, a local authority, being a public assistance authority, was engaged in the selection of a person or persons to be appointed to an office of which the holder would be transferred to a health board pursuant to subsection (1) of this section the selection shall be completed in such manner as the local authority after consultation with the health board thinks proper. | ||
(5) Any question arising as to whether a particular officer or officers of a particular class is or are transferred pursuant to subsection (1) of this section shall be referred to and decided by the Minister after consultation with the Minister for Health, or the Minister for Local Government, whichever is appropriate. | ||
(6) Every contract of service, express or implied, which was in force immediately before the appointed day between a public assistance authority and any person who was not an officer of such public assistance authority but who was a person to be transferred under this subsection, shall continue in force after the appointed day, but shall be construed and have effect as if the health board were substituted therein for the public assistance authority, and every such contract shall be enforceable by or against the health board accordingly. | ||
(7) In subsection (6) of this section the reference to a person to be transferred under that subsection shall be construed as referring to— | ||
(a) any person who was engaged solely or mainly in relation to services under the Act of 1939 or in relation to such services together with services under the Health Acts, 1947 to 1970, and | ||
(b) any person, other than a person referred to in paragraph (a) of this subsection, who has been designated by a local authority, being a public assistance authority, as a person to be transferred under that subsection. | ||
(8) Any question arising in relation to subsection (6) of this section 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 after consultation with the Minister for Health, or the Minister for Local Government, whichever is appropriate. |