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Employees.
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52.—(1) Subject to the consent of the Minister and the Minister for Finance, a relevant body may, from time to time, appoint such and so many persons to be employees of that body as it thinks fit.
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(2) Subject to such conditions as it thinks fit, a relevant body may delegate to the chief executive any of the functions of the relevant body relating to the appointment of employees of that body and the determination of selection procedures.
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(3) Except as otherwise provided by this Act, an employee of a relevant body shall be employed on such terms and conditions as that body, subject to the consent of the Minister and the Minister for Finance, may from time to time determine.
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(4) Except as otherwise provided by this Act and subject to subsections (8) and (9), there shall be paid by a relevant body to its employees, such remuneration, fees, allowances and expenses as may be determined from time to time by that body with the consent of the Minister and the Minister for Finance.
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(5) A relevant body shall determine the terms and conditions of any superannuation scheme for its employees (including a chief executive) in accordance with the Third Schedule and that Schedule shall apply to an amendment to an existing scheme in the same way as it applies to a new scheme.
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(6) Subject to subsection (7), every person who, immediately before the commencement of this Part and Chapter V of Part IV, is an employee of the National Council for Educational Awards shall, on such commencement, become and be an employee of the Higher Education and Training Awards Council.
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(7) Subject to subsection (11), a person who, immediately before the commencement of this Part and Chapter V of Part IV, is an employee of the National Council for Educational Awards may, by order of the Minister, become and be an employee of the Authority or the Further Education and Training Awards Council.
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(8) A person who, immediately before the commencement of this Part, was an employee of An Foras, CERT or Teagasc may, subject to his or her agreement and the agreement of the Minister, on such commencement or such later date as may be agreed with the Minister, become and be an employee of a relevant body and the rights and entitlements in respect of tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on the commencement of this Part by that person shall not, by virtue of the operation of this Act, be any less beneficial than those rights and entitlements enjoyed by that person immediately before such commencement.
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(9) For the removal of doubt, the rights and entitlements in respect of tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on the commencement of this Part and Chapter V of Part IV by persons who are employees of a relevant body, and in the case of superannuation, former employees of the National Council for Educational Awards, shall not, by virtue of the operation of this Act, be any less beneficial than those rights and entitlements enjoyed by those persons as employees, or former employees of the National Council for Educational Awards, immediately before such commencement.
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(10) Subject to subsection (11), the Authority may, and shall when directed by the Minister, second an employee to the Further Education and Training Awards Council or the Higher Education and Training Awards Council, or to both, as may be appropriate.
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(11) Before making an order under subsection (7) or issuing a direction under subsection (10), the Minister shall, by notice in writing, inform the person or employee and any recognised trade union or staff association concerned of his or her intention to make such an order or issue such a direction and the notice shall state that the person or employee concerned may make representations to the Minister, in relation to the proposed order or direction, within such time as may be specified in the notice and the Minister shall consider such representations (if any).
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(12) The Minister may, following consultation with the relevant body concerned, second an officer of the Minister to that body as an employee of that body, subject to the consent of the officer.
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