1. Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred under section 19(7) to the staff of the Garda Síochána or under section 72(3) to become an officer of the Ombudsman Commission shall not, while in the service of the Garda Síochána or the Ombudsman Commission, as the case may be, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which he or she was entitled and the terms and conditions of service to which he or she was subject immediately before the transfer of that person.

2. Until such time as the scale of pay and the terms and conditions of service of a person transferred under section 19(7) or 72(3) are varied by the Garda Commissioner or the Ombudsman Commission, as the case may be, with the agreement of the Minister and the Minister for Finance, following consultation with any recognised trade union or staff association concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before the transfer of that person shall continue to apply to him or her and may be applied or imposed by the Garda Commissioner or the Ombudsman Commission, as the case may be, while he or she is a member of the staff of the Garda Commissioner or an officer of the Ombudsman Commission, as the case may be, and no such variation shall operate to worsen that scale of pay or those terms or conditions of service applicable to such person immediately before the transfer of that person, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.