The Local Authorities (Staff Transfer) (Scotland) Order 1995

Explanatory Note

(This note is not part of the Order)

This Order makes provision in relation to the transfer of staff to new unitary local authorities and other new authorities, in consequence of the provisions of the Local Government etc. (Scotland) Act 1994 (“the 1994 Act”).

Article 2 provides that without prejudice to the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981, any scheme made shall have effect to transfer those employees to whom the scheme applies.

Except for employees in respect of whom specific provision is made either in the 1994 Act or in terms of the Order, article 3 provides that a transfer scheme may make provision for the transfer of all or any persons employed by an existing authority.

Articles 4 and 5 make ancillary provision for the designation of the relevant new authorities and in respect of information necessary to identify the persons to whom a scheme applies and the authority to which a person is to be transferred.

Article 6 sets out principles to be followed by authorities in relation to the preparation of and giving consent to a scheme.

Article 7 makes provision as to the criteria to be used by authorities in preparing a scheme.

Article 8 provides for consultation with bodies representative of employees.

Article 9 provides for the procedure to be followed in applying to the Secretary of State for his consent to a scheme in accordance with section 8(4) of the 1994 Act.

Article 10 provides for giving notice of the making of a scheme to the staff commission and to employees and their representatives.

Articles 11 to 15 make specific provision for the transfer of valuation staff, children’s reporters staff, civilian fire and police personnel and staff employed in relation to a regional council’s superannuation functions.

Article 16 makes provision in relation to persons who, having been transferred to the employment of a new authority, are then transferred before 1st April 1997 to another new authority.