16Machinery of government changes—employees

16 Machinery of government changes—employees (1) If— (a) an administrative unit is abolished; or (b) because of administrative arrangements approved by the Chief Minister, a matter that was the responsibility of an administrative unit (the losing area) immediately before those arrangements took effect becomes the responsibility of another administrative unit (the gaining area); subsection (2) has effect. (2) The head of service may direct in writing that— (a) if subsection (1) (a) applies—an employee who was employed in the administrative unit immediately before the abolition is to be employed in another administrative unit; or (b) if subsection (1) (b) applies—an employee who was employed in the losing area immediately before the arrangements took effect is to be employed in the gaining area; and, if such a direction is given, an employee is taken as from that time to be employed as so directed, in the same capacity and subject to the same conditions as were applicable immediately before that time. (3) Without limiting subsection (2), that subsection does not extend the term of employment of a person beyond the time when it would have ended if the employment had not been affected by a direction under that subsection. (4) An instrument made for subsection (2) may be made before the abolition takes effect.