26.  (1) Subject to this section, the Authority may, for the purposes of discharging its functions under Part 6, give appropriately qualified staff of the Law Society or the Bar Council an option to transfer to the Authority.

(2) Where a member of staff referred to in subsection (1) exercises an option under that subsection, the Authority shall request the Minister, with the consent of the Minister for Public Expenditure and Reform, to designate in writing such member to be transferred to the staff of the Authority from such date as may be specified in the designation (in this section referred to as “the effective date”).

(3) A member of staff of the Law Society or the Bar Council designated in accordance with subsection (2) shall become and be a member of staff of the Authority from the effective date and shall become a member of the Single Public Service Pension Scheme from that date.

(4) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, persons transferred by virtue of a designation under subsection (2) shall not be brought to less favourable terms and conditions than the terms and conditions of service relating to basic remuneration to which the person was subject immediately before the effective date.

(5) Subject to subsection (4), the Authority shall determine, in accordance with section 25(2), the terms and conditions of service and the grade of a person transferred by virtue of a designation under subsection (2).