40.—(1) Every person (other than a member of the Garda Síochána) who immediately before the commencement of this Act is a school attendance officer shall be transferred to and become a member of the staff of the F39[Child and Family Agency].

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the F39[Child and Family Agency] be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the commencement of this section.

(3) In relation to persons transferred to the F39[Child and Family Agency] under subsection (1), previous service in a local authority shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Worker Protection (Regular Part-Time Employees) Act, 1991, the Organisation of Working Time Act, 1997, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993.