Local Government etc. (Scotland) Act 1994

12 Staff commission. S

(1) The Secretary of State shall, after such consultation, whether before or after the passing of this Act, as he thinks fit, by order establish a staff commission for the purpose of carrying out such functions in relation to the staff and staffing of authorities as he may consider appropriate.

(2) Without prejudice to the generality of subsection (1) above, an order under this section may confer on the staff commission the functions of—

(a) considering and keeping under review the arrangements for the recruitment of staff by new authorities and for the transfer in consequence of this Act or of any instrument made under it of staff employed by existing local authorities which cease to exist by virtue of Chapter 1 of this Part of this Act;

(b) considering such staffing problems arising out of, in consequence of or in connection with any provision of or instrument made under this Act as may be referred to them by the Secretary of State or by any authority;

(c) advising the Secretary of State as to the steps necessary to safeguard the interests of such staff; and

(d) advising authorities, either by the commission or by persons nominated by them.

(3) An order under this section may make provision as to the constitution and membership of the commission, the appointment and removal from office by the Secretary of State of the chairman and members of the commission, the employment of staff and the remuneration and superannuation of the members and staff of the commission.

(4) The Secretary of State may give directions—

(a) to the staff commission as to—

(i) the carrying out by them of their functions; and

(ii) their procedure;

(b) to any authority with respect to the furnishing by them of information requested by the commission; and

(c) to any authority with respect to—

(i) the implementation by them of any advice given by, or by persons nominated by, the commission; and

(ii) the payment by them of any expenses incurred by the commission in doing anything requested by them.

(5) Any expenses incurred by the staff commission and not recovered by them from an authority shall be paid by the Secretary of State out of money provided by Parliament.

(6) The Secretary of State may by order provide for the winding up of the commission and the disposal of their assets.

(7) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section—

• “authority” means an existing local authority and a new authority;

• “existing local authority” includes a joint committee and a joint board but does not, except as may be provided by any other provision of this Act, include an islands authority; and

• “new authority” means any of the authorities constituted under section 2 of this Act (other than Orkney Islands, Shetland Islands or Western Isles), a residuary body and a joint board.