30.6 If the Transfer Regulations do not apply to any person who is a Transferring82 Board Employee, Project Co shall offer to, or shall procure the offer by the relevant Service Provider to each and every such employee, a new contract of employment commencing on the Relevant Service Transfer Date under which their terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made:
(a) if it is believed that the Transfer Regulations will not apply to a person, not less than ten (10) Business Days before the Relevant Service Transfer Date, or
(b) if it is believed that the Transfer Regulations apply to a person but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project Co.
30.7 Where any such offer as referred to in Clause 30.6 is accepted, the Board shall indemnify and keep indemnified in full Project Co on the same terms and conditions as those set out in Clauses 30.20, 30.21, 30.22 and 30.27 of this Agreement as if there had been an Employee Transfer in respect of each and every Transferring Board83 Employee who has accepted any such offer and the provisions of Clause 30.12 shall apply in the event of any increase or decrease in the [Remuneration Costs and Reorganisation Costs].
30.8 Where any such offer as referred to in Clause 30.6 is accepted, Project Co shall act and shall procure that each relevant Service Provider shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Board Employee who has accepted any such offer and shall comply with Clause 31 of this Agreement in respect of each and every such employee who was immediately before the Relevant Service Transfer Date a Pensionable Board Employee.
______________________________________________________________
82 The Clause as drafted does not apply to Transferring Private Sector Employees since it is assumed that risk in such cases lies with the incumbent service provider. If in fact the risk is to lie with the Board, the Board will need to assess whether the inclusion of Transferring Private Sector Employees in this Clause would represent value for money.
83 Review on a project specific basis.