5.—(1) It shall be the duty of Argyll and Clyde, Greater Glasgow and Highland Health Boards in agreeing and making the scheme under article 4(1) to designate that the employment of an employee employed as respects part of the area of Argyll and Clyde Health Board will transfer to the Health Board which, following the variation in accordance with article 3, is constituted for that area.
(2) Where it appears to Argyll and Clyde, Greater Glasgow and Highland Health Board that the criterion in paragraph (1) is not adequate to designate to which of Greater Glasgow or Highland Health Boards the employment of an employee should transfer, they may apply other criteria in respect of that employee as they think appropriate.
(3) In the absence of agreement between Argyll and Clyde, Greater Glasgow and Highland Health Boards as to which of Greater Glasgow or Highland Health Boards the employment of any employee (whether identified individually or by reference to membership of a class or description of employee) should transfer, the employment of that employee shall transfer to Greater Glasgow Health Board with effect from 1st April 2006.
(4) It shall be the duty of Argyll and Clyde Health Board to provide Greater Glasgow and Highland Health Boards with all information held by it, or on its behalf which Greater Glasgow and Highland Health Boards require to prepare and implement such scheme.