Scottish Government

SCHEDULE 4

(introduced by section 27)

Transfer of Staff, Property and Liabilities

Introductory

1 This schedule applies where a designation order provides for a function of a local authority in relation to an area designated as a National Park to be exercisable instead by a National Park authority from a date specified in the order ("the transfer date").

Staff transfer schemes

2 (1) Unless the designation order otherwise provides, the local authority must_

(a) make a scheme for the transfer of employees of the local authority to the National Park authority in connection with the transfer of the function, and

(b) submit the scheme to the Scottish Ministers for approval by such date as the order may specify.

(2) Before making the scheme the local authority must consult_

(a) the National Park authority, and

(b) every other local authority any part of whose area is within the National Park.

(3) In making the scheme the local authority must take into account any guidance given by the Scottish Ministers as to the provisions which they consider appropriate for inclusion in the scheme.

3 (1) The Scottish Ministers may, on receipt of the scheme_

(a) approve the scheme,

(b) approve the scheme with such modifications as they think fit, or

(c) reject the scheme.

(2) The power conferred by sub_paragraph (1)(b) is exercisable only after consultation with the local authority which submitted the scheme and with the persons mentioned in paragraph 2(2).

4 (1) If_

(a) a local authority fails to submit a scheme to the Scottish Ministers in accordance with paragraph 2(1)(b), or

(b) the Scottish Ministers reject a scheme in pursuance of paragraph 3(1)(c),

the Scottish Ministers may themselves make a scheme for the transfer of employees of the local authority to the National Park authority in connection with the transfer of the function.

(2) Sub_paragraph (1) does not prevent the Scottish Ministers approving a scheme submitted to them after the due date.

5 At any time before the transfer date the Scottish Ministers may modify a transfer scheme made or approved by them under this section, but only after consultation with the National Park authority and, in the case of a scheme approved by them, with the local authority which submitted the scheme and the other local authorities mentioned in paragraph 2(2)(b).

Effect of staff transfers

6 (1) On the transfer date each employee to whom a scheme approved or made by the Scottish Ministers under this section relates transfers to and becomes a member of the staff of the National Park authority.

(2) The terms and conditions of appointment of such a person are to be determined by the National Park authority but, taken as a whole, must be not less favourable to the person transferred than the terms on which that person was employed immediately before the transfer.

(3) Where a person becomes a member of the staff of the National Park authority under sub_paragraph (1), then, for the purposes of the Employment Rights Act 1996 (c.18), that person's period of employment by the local authority counts as a period of employment by the National Park authority and the change of employment does not break the continuity of the period of employment.

(4) Where a person ceases to be employed by a local authority by virtue of sub_paragraph (1) that person is not, on ceasing to be so employed, to be treated_

(a) for the purposes of any scheme or regulations by virtue of the Superannuation Act 1972 (c.11) as having been retired on redundancy,

(b) for the purposes of Part XI (redundancy payments etc.) of the Employment Rights Act 1996 (c.18) as having been dismissed by reason of redundancy.

Transfer of property and liabilities

7 (1) On the transfer date such property and liabilities of the local authority as may be specified in an order made by the Scottish Ministers transfer to and vest in the National Park authority.

(2) An order under sub_paragraph (1) may provide for the National Park authority to have such rights or interests in relation to any property of the local authority as the Scottish Ministers consider appropriate.

(3) Before making an order under sub_paragraph (1) the Scottish Ministers must consult the local authority and the National Park authority.

(4) A certificate issued by the Scottish Ministers that any property or liability has, or has not, been transferred by virtue of sub_paragraph (1) is conclusive evidence of the transfer or the fact that there has not been a transfer.