37. (1) (a) Every person who is a member of the staff of the IAA working wholly or mainly in connection with air navigation service provision immediately before the vesting day shall, on that day, be transferred to and become a member of the staff of the IANS.

(b) Every person who is a member of the staff of the IAA who is not working wholly or mainly in connection with air navigation service provision immediately before the vesting day shall, on that day, remain a member of the staff of the IAA.

(c) (i) Subparagraph (ii) applies where—

(I) a dispute arises in relation to whether a person is, or is not, working wholly or mainly in connection with air navigation service provision, or

(II) it cannot be determined whether a person is, or is not, working wholly or mainly in connection with air navigation service provision.

(ii) The IAA shall, following consultation with any recognised trade unions and staff associations concerned, determine whether the person concerned shall—

(I) be transferred to and become a member of the staff of the IANS, or

(II) remain a member of the staff of the IAA.

(iii) In this paragraph, “person” includes a group of persons.

(d) The Minister may give directions in writing to the IAA as to the criteria to be applied in resolving a situation referred to in paragraph (c)(i) or (ii) and the IAA shall comply with those directions.

(2) Except in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person referred to in subsection (1)(a) shall not, while in the service of the IANS, 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 vesting day.

(3) In relation to persons transferred to the IANS under subsection (1), previous service with the IAA (and, if section 40(3) of the Act of 1993 applied to any such persons immediately before the vesting day, previous service by them in the civil service) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the following enactments:

(a) the Redundancy Payments Acts 1967 to 2014;

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

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

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(e) the Unfair Dismissals Acts 1977 to 2015;

(f) the Terms of Employment (Information) Acts 1994 to 2014;

(g) the Organisation of Working Time Act 1997;

(h) the Parental Leave Acts 1998 and 2019;

(i) the Carer’s Leave Act 2001;

(j) the Maternity Protection Acts 1994 and 2004;

(k) the Adoptive Leave Acts 1995 and 2005;

(l) the Paternity Leave and Benefit Act 2016.