Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

In this regulation —

Subregulations (3) and (4) apply if —

before commencement day, a person made a claim for relief to a public sector body on the ground mentioned in the Industrial Relations Act 1979 section 36AJ(a) in accordance with the former regulations; and

on commencement day —

the resolution period for the claim had not ended; or

the resolution period for the person’s claim had ended but the public sector body had not sent the claim to the Commissioner in accordance with the former regulations.

From commencement day —

Part 2 (other than regulation 8), and regulation 10, of the former regulations continue to apply in relation to the claim; and

regulation 8 and Part 3 (other than regulation 10) as in force on or after commencement day, apply in relation to the claim.

However, regulation 10 of the former regulations does not apply in relation to the claim to the extent the regulation requires the public sector body to —

send the claim, information or a document to the Commissioner; or

give written notice to the claimant that the claim has been sent to the Commissioner.

Subregulation (6) applies if, before commencement day —

a person made a claim for relief to a public sector body on the ground that the public sector body breached a public sector standard, other than a specified public sector standard, in accordance with the former regulations; and

under the former regulations —

the public sector body had not yet sent the person’s claim to the Commissioner; or

the public sector body sent the person’s claim to the Commissioner but the Commissioner had not finished dealing with the claim.

The Commissioner and public sector body must continue to deal with the claim under the former regulations.