Bankruptcy Act 1988

60A

F49 [ Office of Official Assignee Transfer of staff

60A . (1) This section applies to

(a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy (otherwise referred to as the Official Assignee), and

(b) every person who immediately before the coming into operation of this section was a member of the staff of the Courts Service assigned to the Office of the Official Assignee in Bankruptcy.

(2) On the coming into operation of this section every member of the staff of the Courts Service to whom this section applies shall be seconded to the Insolvency Service for a period of 2 years.

(3) On the expiry of the period of secondment referred to in subsection (2) each person seconded under that subsection shall

(a) transfer definitively to the staff of the Insolvency Service, or

(b) subject to subsection (4) , exercise a right to return to a suitable vacancy on the staff of the Courts Service.

(4) If a person seconded under subsection (2) exercises a right under subsection (3)(b) to return to the staff of the Courts Service but no suitable vacancy on the staff of the Courts Service exists, the person concerned shall be transferred to a suitable vacancy in a public service body.

(5) A person who

(a) is seconded under subsection (2) ,

(b) is transferred under subsection (3)(a) or subsection (4) , or

(c) returns to the Courts Service under subsection (3)(b) ,

shall not, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, receive a lesser scale of pay or less favourable superannuation benefits than the scale of pay and superannuation benefits to which he was entitled immediately before the secondment, transfer or return concerned.

(6) A person seconded under subsection (2) shall be deemed to be a member of the staff of the Insolvency Service during the period of the secondment.

(7) Subject to subsection (3)(a)

(a) the person who immediately before the coming into operation of this section held the office of Official Assignee in Bankruptcy shall continue in office as Official Assignee, and

(b) the person who immediately before the coming into operation of this section held the position of Bankruptcy Inspector shall continue to hold the position of Bankruptcy Inspector.

(8) In this section

(a) public service body has the meaning assigned to it by section 5 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ;

(b) recognised trade union or staff association means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees. ]

Annotations:

Amendments:

F49

Inserted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 29, S.I. No. 463 of 2013.