Paragraph 4

(1)

The provisions set out in Part 4 shall not apply to an employee to whom it would otherwise apply if by 23rd July 2010 that employee gives notice in writing to the Commission objecting to the operation of this Scheme in relation to her or to him.

(2)

Where an employee would otherwise become a member of staff of the IPSA by virtue of Part 4 but has given notice in accordance with this Part objecting to the operation of this Scheme in relation to her or to him –

(a)

the contract of employment of that employee (and the rights, powers, duties and liabilities under or in connection with it) shall not be transferred;

(b)

the contract of employment of that employee shall be terminated immediately before the Relevant Date; and

(c)

that employee shall not be treated, for any purpose, as having been dismissed by the Commission.