Social Welfare (Consolidation) Act, 1981
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Transfer of certain officers and enforceability of contracts. [1975 SWA, s. 23] |
221.—(1) Any question arising as to whether a particular officer or officers of a particular class of a public assistance authority was or were transferred to a health board pursuant to section 23 of the Social Welfare (Supplementary Welfare Allowances) Act, 1975 , shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate, and, if it is decided that any such officer was so transferred, then, 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) Every contract of service, express or implied, which— | ||
(a) was made between a public assistance authority and any person who was not an officer of that authority but was a person to be transferred to a health board pursuant to the said section 23, and | ||
(b) was continued in force by subsection (6) of that section and is in force immediately before the commencement of this Act, | ||
shall continue in force and shall continue to 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. | ||
(3) Any question arising in relation to subsection (2) as to whether a particular person or persons of a particular class was or were a person or persons to be transferred pursuant to the said section 23 shall be referred to and decided by the Minister after consultation with the Minister for Health or the Minister for the Environment, whichever is appropriate. |