{
  "url": "https://openlegislation.uk/housing-homeless-persons-property-and-staff-order-1977/article-9",
  "json_url": "https://openlegislation.uk/housing-homeless-persons-property-and-staff-order-1977/article-9.json",
  "legislation": "uksi/1977/1821",
  "legislation_title": "The Housing (Homeless Persons) (Property and Staff) Order 1977",
  "legislation_url": "https://openlegislation.uk/housing-homeless-persons-property-and-staff-order-1977",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Protection of officers transferred",
  "text": "(1) Every officer transferred by or under article 8 to the employment of any authority (other than an officer transferred under paragraph (5)(f) of that article back to the employment of the authority from whose employment he was transferred) shall, so long as he continues in that employment by virtue of the transfer and until he is served with a statement in writing referring to this order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before his transfer.\n(2) A statement of new terms and conditions of employment shall not be served on any officer in relation to whom a question has been referred under article 8(5) until the determination of the question has been notified.\nA statement of new terms and conditions of employment shall not be served on any officer to whom sub-paragraphs (f) to (l) of article 8(5) apply until the remedy offered under the said sub-paragraph (f) or the allowance there referred to has been accepted by the officer.\n(3) Subject to paragraph (2), a statement of new terms and conditions of employment may be served before the appointed day.\n(4) Subject to paragraph (2), a statement of new terms and conditions of employment shall be served before the expiry of 3 months after the appointed day.\n(5) If after service of a statement of new terms and conditions of employment upon any officer (whether before the appointed day or otherwise) a question is referred under article 8(5), the statement shall cease to have effect and paragraphs (1) and (2) shall have effect as if the statement had not been served.\n(6) The new terms and conditions of employment shall be such that—\n(a) so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before his transfer the scale of his salary or remuneration, and\n(b) the other terms and conditions of his employment,\nare not less favourable, taken together, than those which he enjoyed immediately before his transfer.\n(7) Where between the appointed day and the service of the statement of new terms and conditions of employment upon any officer the scale of the salary or remuneration which such officer enjoyed immediately before the appointed day is improved, paragraph (6)(a) shall have effect as if the scale as improved had been so enjoyed.\n(8) Where the new terms and conditions of employment involve any diminution of the scale of the salary or remuneration of an officer they shall not come into effect until the date, not earlier than the expiration of 3 months from the service of the statement thereof, specified in than statement.\n(9) Any question by an officer of any authority—\nwhether duties are reasonably comparable within the meaning of paragraph (6); or\nwhether the terms and conditions of his employment are such as are required by paragraphs (6) and (7),\nshall be determined in accordance with the arrangements applicable to the determination of disputes as to employment and terms and conditions thereof between the officer and the authority.\n(10) In this article, “terms and conditions of employment” includes any restriction arising under any Act or any instrument made under any Act on the termination of the employment of any officer.\n(11) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1972 shall not be regarded as a statement of new terms and conditions of employment for the purposes of this article unless the statement so indicates.\n(12) A notice to terminate the contract of employment of any officer transferred by article 8, given by reason of the fact that the officer to whom it is given has become redundant in consequence of the Act, shall, unless such officer otherwise agrees, not come into operation earlier than the expiration of 3 months from the service thereof.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1977/1821/article/9",
    "retrieved_at": "2026-10-29T19:45:55.927612+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}