The NHS Quality Improvement Scotland (Transfer of Officers) Regulations 2002

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the NHS Quality Improvement Scotland (Transfer of Officers) Regulations 2002 and shall come into force on 1st January 2003.

(2) In these Regulations–

“the Board” means NHS Quality Improvement Scotland(1);

“contracts of employment” means those contracts of employment mentioned in regulation 2(3) below;

“previous employers” means the Agency, the Clinical Standards Board for Scotland(2) and the Health Technology Board for Scotland(3).

Transfer of Officers

2.—(1) All officers employed by the Clinical Standards Board for Scotland and the Health Technology Board for Scotland on 31st December 2002 shall transfer to the Board on 1st January 2003.

(2) All officers employed by the Agency and engaged in duties in the bodies known as the Clinical Resource and Audit Group or the Scottish Health Advisory Service on 31st December 2002 shall transfer to the Board on 1st January 2003.

(3) The contracts of employment between the officers transferred by paragraphs (1) and (2) above and the previous employers shall not be terminated but shall have effect from 1st January 2003 as if originally made between such officers and the Board.

(4) Without prejudice to the previous paragraphs of this regulation, on 1st January 2003–

(a) all the rights, powers, duties and liabilities of the previous employers under or in connection with the contracts of employment shall be transferred by virtue of this regulation to the Board;

(b) anything done before the transfer of officers in accordance with paragraphs (1) and (2) above by or in relation to the previous employers in respect of the contracts of employment, shall be deemed to have been done by or in relation to the Board; and

(c) any right or liability which was enforceable by or against the previous employers in respect of the employment by them of any officer who is transferred to the Board by virtue of paragraphs (1) and (2) above shall be enforceable by or against the Board.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

30th November 2002