SCHEDULE 4 Transfer of staff, property and liabilities

Requirement to make staff or property transfer scheme

1

(1)

If the Scottish Ministers consider that it is necessary or expedient in connection with the making of an order under section 6 or 30(1) or the exercise by a National Park authority of its functions, they may—

(a)

require a local authority any part of whose area is within the National Park to make—

(i)

a scheme for the transfer of employees of the local authority to a National Park authority or another local authority,

(ii)

a scheme for the transfer of property and liabilities of the local authority to a National Park authority or another local authority,

(b)

require a National Park authority to make—

(i)

a scheme for the transfer of employees of the National Park authority to a local authority or another National Park authority,

(ii)

a scheme for the transfer of property and liabilities of the National Park authority to a local authority or another National Park authority.

(2)

In this schedule—

“property transfer scheme” means a scheme under sub-paragraph (1)(a)(ii) or (b)(ii),

“staff transfer scheme” means a scheme under sub-paragraph (1)(a)(i) or (b)(i),

“transferee authority” means the authority to which staff or, as the case may be, property and liabilities are transferred, or proposed to be transferred, by a transfer scheme,

“transferor authority” means the authority required (or to be required) to make a transfer scheme.

(3)

Before making a requirement under sub-paragraph (1) the Scottish Ministers must consult—

(a)

the transferor authority,

(b)

the transferee authority,

(c)

every local authority any part of whose area is within the National Park.