Article 16 Secondary transfers

(1)

This article applies to an employee of an existing authority if—

(a)

he is transferred to the employment of an authority (“the first authority”) by or under this Order (other than under this article);

(b)

he subsequently transfers before 1st April 1997 to the employment of another authority (“the second authority”) and that transfer is with the agreement of that authority, the first authority and the employee; and

(c)

the second authority is an authority specified in paragraph (5) below.

(2)

The contract of employment between an employee to whom this article applies and the first authority shall not be terminated by the transfer referred to in paragraph (1)(b) above but shall have effect from the date of that transfer (“the transfer date”) as if originally made between the employee and the second authority.

(3)

Without prejudice to paragraph (2) above—

(a)

all the first authority’s rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of this article be transferred on the transfer date to the second authority; and

(b)

anything done before the transfer date by or in relation to the first authority in respect of that contract or the employee (including anything deemed to have been so done by section 9(3)(b) of the 1994 Act) shall be deemed after that date to have been done by or in relation to the second authority.

(4)

Paragraphs (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his terms and conditions of employment, but no such right shall arise by reason only of the change of employer under the transfer referred to in paragraph (1)(b) above.

(5)

The authorities specified in this paragraph are—

(a)

any authority constituted under section 2 of the 1994 Act;

(b)

any joint board;

(c)

any water and sewerage authority; and

(d)

the Scottish Children’s Reporter Administration.