2(1)The Scottish Ministers may by order (a “staff transfer order”) make provision for or in connection with—
(a)the transfer of persons employed by SCRA to CHS,
(b)the transfer of persons employed by local authorities from authorities to CHS.
(2)A staff transfer order may in particular—
(a)prescribe rules by which the transfer of persons, or classes of person, specified in the order can be determined,
(b)require—
(i)in relation to persons employed by SCRA, SCRA and CHS acting jointly, or
(ii)in relation to persons employed by a local authority specified in the order, the local authority and CHS acting jointly,
to make a scheme in relation to the transfer of the persons to whom the order relates.
(3)Sub-paragraphs (4) and (5) apply where—
(a)an order includes a requirement of the sort mentioned in sub-paragraph (2)(b)(i) and SCRA and CHS are unable to comply with the requirement, or
(b)an order includes a requirement of the sort mentioned in sub-paragraph (2)(b)(ii) and the local authority and CHS are unable to comply with the requirement.
(4)The Scottish Ministers may determine the content of the scheme.
(5)The scheme is to be treated as if made in accordance with the requirement imposed by the order.