3A.—(1) The Minister may by order establish a body to perform, subject to such modifications as are specified in the order, functions that, immediately before the establishment day, were being performed by a specified body.

(2) An establishment order shall include provision for—

(a) the transfer, without further conveyance or assignment, of any property, rights and liabilities of the specified body to the body established under this section,

(b) the preservation of continuing contracts and commitments made by the specified body, and

(c) the continuance of pending legal proceedings.

(3) Each person who, immediately before the establishment day of a body established under this section, is an employee of the specified body is, on that day, transferred to and becomes an employee of the body established under this section.

(4) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the body established under this section, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day of that body.

(5) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the body established under this section after consulting and reaching a collective agreement with the recognised trade union or association of the employees concerned, they continue to apply to that person while in the employment of that body.

(6) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) Adoptive Leave Act 1995;

(c) Maternity Protection Act 1994;

(d) Protection of Employees (Fixed-Term Work) Act 2003;

(e) the Protection of Employees (Part-Time Work) Act 2001;

(f) the Organisation of Working Time Act 1997 ;

(g) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(h) the Unfair Dismissals Acts 1977 to 2001;

(i) the Carer's Leave Act 2001;

(j) the Parental Leave Act 1998.

(7) Any superannuation benefits awarded to or in respect of a person transferred under this section and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the applicable transfer day.

(8) A body established under this section shall make payments in respect of remuneration and allowances to its employees out of funds at its disposal.

(9) The pension payments and other superannuation liabilities in respect of former employees of the specified body become, on the establishment day, the liability of the body established under this section.

(10) In this section—

“previous service” means service with the specified body before the establishment day of the body established under this section;

“recognised trade union or association of employees” means a trade union or association of employees recognised by the specified body for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

“specified body” means a body that was established under section 11 of the Health Act 1970 and that is specified by the Minister in an establishment order under this section;

“terms and conditions of employment” includes terms and conditions in respect of remuneration and tenure of office and related matters.]