http://www.legislation.gov.uk/asp/2001/8/section/30/2001-07-19Regulation of Care (Scotland) Act 2001An Act of the Scottish Parliament to establish the Scottish Commission for the Regulation of Care and the Scottish Social Services Council; to make provision for the registration and regulation of care services and for the registration, regulation and training of social service workers; to enable local authorities to make grants in respect of activities relating to child care and family support and to make direct payments to children in respect of certain care services; to enable the Scottish Ministers to delegate a power to make certain grants and loans for social work; to make further provision as respects payments by local authorities towards maintenance of certain children residing with and being cared for by persons other than their parents; to enable local authorities to provide and maintain residential accommodation in which nursing is provided; to make further provision as respects persons who have been looked after by local authorities; to amend the definition of “place of safety" in the Children (Scotland) Act 1995; to make further provision as respects the appointment for children of curators ad litem, reporting officers and safeguarders; and for connected purposes.2001-07-13texttext/xmlenStatute Law Database2026-01-082001-07-19 PART 1 301The Scottish Ministers shall by order make a scheme for the transfer to the Commission of persons who are employed, under a contract of employment with a local authority or Health Board, on work which would have continued but for the provisions of this Part.2Such a scheme may apply to all, or any description of, such employees or to any individual such employee.3Such a scheme may be made only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under it.4The contract of employment of an employee transferred under such a scheme—ais not terminated by the transfer; andbhas effect from the date of transfer as if originally made between the employee and the Commission.5Without prejudice to the generality of subsection (4) above, where an employee is transferred under such a scheme—aall the rights, powers, duties and liabilities of the transferor under or in connection with the employee’s contract of employment are by virtue of this subsection transferred to the Commission on the date of transfer; andbanything done before that date by, or in relation to, the transferor in respect of that contract or the employee is to be treated from that date as having been done by, or in relation to, the Commission.6Subsections (4) and (5) above do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if the employee objects to the transfer and so informs the transferor or the Commission.7Where an employee objects as mentioned in subsection (6) above, the contract of employment with the transferor is terminated immediately before the date of transfer; but the employee is not to be treated, for any purposes, as having been dismissed by the transferor.8This section does not prejudice any right of an employee to terminate the contract of employment if a substantial detrimental change in the employee’s working conditions is made; but no right to terminate that contract arises by reason only that, by virtue of this section, the identity of the employer changes unless it is shown that, in all the circumstances, the change is both—asignificant; andbdetrimental,to the employee.9In this section—“date of transfer” means the date of transfer determined under the scheme in relation to the employee;“Health Board” means a Health Board constituted by order under section 2 of the National Health Service (Scotland) Act 1978 (c.29); and“transferor” means the local authority, or as the case may be the Health Board, from whom the employee is or would be transferred under the scheme.Pt. I (ss. 1-32) extended (1.4.2002) by S.S.I. 2002/162, arts. 3, 6