69   Employment of executive officers to be governed by contract of employment

(1988 Act, s 42G)

(1)  The employment of an executive officer is to be governed by a contract of employment between the officer and his or her employer.

(2)  A contract of employment may be made before or after the appointment of the executive officer concerned.

(3)  An executive officer is not appointed by, nor is an executive officer’s term of office fixed by, the contract of employment.

(4)  However, a contract of employment may constitute the instrument of appointment if the person authorised to make the appointment is also the person who signs the contract with the executive officer.

(5)  A contract of employment may be varied at any time by a further contract between the parties.

(6)  A contract of employment may not vary or exclude a provision of this Act or of any other Act under which the executive officer concerned is appointed or a provision of the regulations under this Act or any such other Act.

(7)  The employer of an executive officer (being an officer in the service of the Crown) acts for and on behalf of the Crown in any contract of employment between the officer and the employer.