# The Magistrates' Courts (Transfer of Staff) Order 1974, Article 6


(1) Every officer transferred by or under Article 3 to the employment of a new magistrates' courts committee 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 1st April 1974.
(2) The said new terms and conditions shall be such that—
(a) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
(b) the other terms and conditions of his employment,
are not less favourable than those which he enjoyed immediately before 1st April 1974.
(3) Any question whether duties are reasonably comparable as aforesaid shall be determined by the Secretary of State after consultation with the appropriate Joint Negotiating Committee.
(4) 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.
(5) A notice to terminate any contract relating to employment in respect of which a person is transferred by or under Article 3 shall, unless he otherwise agrees, not come into operation earlier than the expiration of 3 months from the service upon him of the notice.

---
Source: https://www.legislation.gov.uk/uksi/1974/499/article/6 (the official version)
Page: https://openlegislation.uk/magistrates-courts-transfer-of-staff-order-1974/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

