33. Transfer of employees

As from 1 September 2003, such persons or categories of persons who, immediately before that date, were employed by the transferring bodies and posted to the transferred agencies must be transferred to the service of the Agency on terms no less favourable than those enjoyed by them immediately prior to their transfer.

If any question arises as to whether any person or category of persons has been transferred to the service of the Agency under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred.

Until such time as terms and conditions of service are drawn up by the Agency, the scheme and terms and conditions of service in the transferring body from which the person was transferred under subsection (1) continue to apply to every person so transferred as if he or she were still in the employment of the transferring body.