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Section 34 Transfer of staff.

1)—(7)

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(8)

Any right to services transferred by this section shall have effect on and after the vesting date as a right not only to the service to which the agreement relates but also to any reasonably comparable service under the Board or company, to be selected by that body.

Any dispute between a Board or company and the other party to a service agreement as to what are reasonably comparable services for the purposes of this subsection may be reported to F2the Secretary of State by the Board or company or the other party to the agreement and, if a dispute so reported is not otherwise disposed of, the Secretary of State shall refer it for determination by F3the Central Arbitration Committee.

(9)

Any of the Boards and the said companies, and any person who is a party to any agreement which is modified by this section, may apply to the Minister to determine to which of the Boards or companies the rights and liabilities under any such agreement are transferred and the Minister’s decision on the application shall be final.

Annotations

Textual amendments

F1

Ss. 33, 34(1)–(7) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. VI

F2

Words substituted by virtue of S. I. 1968/729, arts. 2(1), 3(2)

F3

Words substituted by virtue of Industrial Relations Act 1971 (c. 72), s. 124 and Employment Protection Act 1975 (c. 71), s. 10(2)

Notes on Part II

Modifications

C1

Pt. II extended by Mines (Working Facilities and Support) Act 1966 (c. 4), s. 12(2)