Regional Technical Colleges Act 1992

Provisions in relation to existing staff.

12

12. (1) ( a) Every person who, immediately before the establishment date, is employed by a vocational education committee in an institution specified in the First Schedule to this Act or specified in section 3 (1) (b) of this Act or in an educational institution or part of such an institution to which an order made under section 3 (2) or 3 (3) of this Act relates as an officer or servant thereof shall, on the establishment date, become and be an officer or servant of the college as appropriate.

( b) Every person who, immediately before the establishment date, is employed by a vocational education committee and whose work is concerned with the administration of any such institution or part of an institution and who is designated by the Minister for employment by the college shall, with effect from the establishment date, become and be an officer or servant of the college as appropriate.

( c) A person who, at the commencement of this Act, is employed as the Principal or the Director of an institution specified in section 3 (1) (b) of this Act shall, if such person so consents, be Head of one of the schools established by that provision.

( d) A person to whom subsection (1) applies shall not, while in the service of a college, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for Finance to which that person was entitled and the conditions of service approved by the Minister to which that person was subject prior to the establishment date.

( e) The conditions of service, restrictions, requirements and obligations to which any such person was subject immediately before the establishment date shall, unless they are varied by agreement, continue to apply to that person, and shall be exercised or imposed by the college or the Director, as may be appropriate, while that person is in the service of the college.

(2) ( a) The college may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by officers or servants to whom subsection (1) applies and every such officer or servant shall be bound to perform the duties allocated to that officer or servant in any such redistribution or rearrangement.

( b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

F35 [ (3) F36 [ ]

(4) F36 [ ] ]

Annotations:

Amendments:

F35

Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 14, S.I. No. 36 of 2007.

F36

Repealed (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 87(1)(a), S.I. No. 124 of 2018, subject to transitional provisions in subs. (2).

Modifications (not altering text):

C6

Certain repealed provisions retained for purposes of section (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 69(a), S.I. No. 211 of 2013.

Saver (Regional Technical Colleges Act 1992 and Dublin Institute of Technology Act 1992).

69.—Notwithstanding the repeal of sections 105, 106 and 107 of the Act of 1930, and sections 7 and 8 of the Act of 1944, by section 4 (1), those provisions shall continue to apply as if they had not been repealed for the purposes of—

(a) section 12 (amended by section 14 of the Institutes of Technology Act 2006) of the Regional Technical Colleges Act 1992, and

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