Section 5: Pension rights preserved in cases of transfers to any approved service.

(1) Where-
(a) before the appointed day, the holder of a pensionable office in the public service of a former Region (in this section referred to as "the office holder") had been assigned, by any authority having power to do so, to perform the duties of any service or employment (other than public service or service with an Agency to which section 4 of this Act applies) for a period or periods; and
(b ) the service or employment to which the office holder had been so assigned is not treated under any enactment relating to pensions, in force in that former Region, as employment in the public service of that Region,then, the following provisions of this section shall have effect.
(2) If, on the appointed day, the office holder is still the holder of a pensionable office as mentioned in subsection (1) of this section and the Commission on or after that date, approves the assignment aforesaid, the Commission may, with the consent of the office holder and with effect from such date as the Commission may determine (not earlier in any event than the date on which the office holder was first assigned to perform those duties), transfer the office holder to the service or employment to which the office holder had been so assigned; and upon the transfer pursuant to this subsection, the service or employment to which the office holder is so transferred shall, for the purposes of the Pensions Act, be deemed to be an "approved service" and be treated as employment in public service.