83. (1) Such persons as are designated by the Minister for Health, following consultation with the Minister, and who, immediately before the establishment day, were employees of the Health Service Executive, shall, on such day or days as may be specified for the purpose by the Minister for Health, following consultation with the Minister, be transferred to and become members of staff of the Agency.

(2) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person transferred to the Agency under subsection (1) shall not, on the establishment day, be subject to less beneficial terms and conditions of service (including those relating to tenure of office) or remuneration than the terms and conditions of service (including those relating to tenure of office) or remuneration to which he or she was subject immediately before the establishment day.

(3) In relation to persons transferred to the Agency under subsection (1), previous service with the Health Service Executive shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007.