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Tourist Boards (Scotland) Act 2006

2006 asp 15

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th October 2006 and received Royal Assent on 30th November 2006

An Act of the Scottish Parliament to rename the Scottish Tourist Board, to increase the maximum number of members of that body and to abolish area tourist boards.

1Scottish Tourist Board: change of nameS

(1)The Scottish Tourist Board is renamed VisitScotland.

(2)Accordingly, in the Development of Tourism Act 1969 (c. 51), for “the Scottish Tourist Board”, wherever that expression occurs, there is substituted “ VisitScotland ”.

Commencement Information

I1S. 1 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

2Scottish Tourist Board: increase in maximum number of membersS

In section 1(3) of the Development of Tourism Act 1969 (which provides for the maximum number of members of the national tourist boards), for “six” where it secondly occurs, there is substituted “ eleven ”.

Commencement Information

I2S. 2 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

3Abolition of area tourist boardsS

(1)Sections 172 to 175 of the Local Government etc. (Scotland) Act 1994 (c. 39) (which make provision for area tourist boards) are repealed.

(2)The following bodies are dissolved—

(a)the Scottish Network 1 Tourist Board, and

(b)the Scottish Network 2 Tourist Board.

(3)Schedule 1 makes provision in connection with the dissolution of those bodies.

Commencement Information

I3S. 3 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

4Consequential modificationsS

Schedule 2 makes modifications of enactments in consequence of the preceding provisions.

Commencement Information

I4S. 4 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

5Commencement and short titleS

(1)The preceding provisions come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

(2)This Act may be cited as the Tourist Boards (Scotland) Act 2006.

SCHEDULE 1SDissolution of existing area tourist boards

(introduced by section 3)

Transfer of staffS

1(1)On the dissolution of a network tourist board, each person employed by the board immediately before its dissolution transfers to and becomes a member of staff of VisitScotland.S

(2)The contract of employment of such a person—

(a)is not terminated by the transfer, and

(b)has effect from the date of the transfer as if originally made between that person and VisitScotland.

(3)Without prejudice to sub-paragraph (2), where a person becomes a member of the staff of VisitScotland under sub-paragraph (1)—

(a)all the rights, powers, duties and liabilities of the board from which that person is transferred under or in connection with that person's contract of employment are by virtue of this sub-paragraph transferred to VisitScotland on the date of the transfer, and

(b)anything done before that date by or in relation to the board from which that person is transferred in respect of that contract of employment or that person is to be treated from that date as having been done by, or in relation to, VisitScotland.

(4)This paragraph does not prejudice any right of any person to terminate that person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of that person's employer changes by virtue of this paragraph.

Commencement Information

I5Sch. 1 para. 1 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

Transfer of property and liabilitiesS

2(1)On the dissolution of a network tourist board, the property and liabilities to which the board was entitled or subject immediately before its dissolution transfer to and vest in VisitScotland.S

(2)Sub-paragraph (1) has effect in relation to property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

Commencement Information

I6Sch. 1 para. 2 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

InterpretationS

3SIn this schedule, “network tourist board” means a body mentioned in section 3(2).

Commencement Information

I7Sch. 1 para. 3 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

SCHEDULE 2SConsequential modifications

(introduced by section 4)

Part 1 SActs

The Development of Tourism Act 1969 (c. 51)S

1SIn the Development of Tourism Act 1969, in section 2 (general functions), in subsection (5)—

(a)for “the Boards” in both places where that expression occurs, there is substituted “ those bodies ”, and

(b)for “Boards” in the third place where that word occurs, there is substituted “ bodies ”.

Commencement Information

I8Sch. 2 para. 1 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Local Government (Scotland) Act 1973 (c. 65)S

2SIn the Local Government (Scotland) Act 1973, in section 90 (powers of local authorities to carry on tourism-related activities)—

(a)subsection (1)(d) is repealed,

(b)in subsection (4), for “(d)” there is substituted “ (c) ”,

(c)in subsection (6)—

(i)for “modifications” there is substituted “ modification ”, and

(ii)paragraph (a) and the word “and” immediately following it are repealed, and

(d)subsection (8) is repealed.

Commencement Information

I9Sch. 2 para. 2 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Race Relations Act 1976 (c. 74)S

3SIn the Race Relations Act 1976, in Part 2 of Schedule 1A (bodies and other persons subject to general statutory duty)—

(a)the entry relating to the Scottish Tourist Board is repealed, and

(b)after the entry relating to the Victoria and Albert Museum, there is inserted— “ VisitScotland. ”.

Commencement Information

I10Sch. 2 para. 3 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Tourism (Overseas Promotion) (Scotland) Act 1984 (c. 4)S

4SIn the Tourism (Overseas Promotion) (Scotland) Act 1984, in section 1 (power of the Scottish Tourist Board to engage outside the UK in the promotion of tourism in Scotland)—

(a)in subsection (1), for “the Scottish Tourist Board” there is substituted “ VisitScotland ”, and

(b)in subsection (3)(b), for “the Scottish Tourist Board” there is substituted “ VisitScotland ”.

Commencement Information

I11Sch. 2 para. 4 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Greater London Authority Act 1999 (c. 29)S

5SIn the Greater London Authority Act 1999, in section 378 (duty of the Authority to promote tourism), in subsection (11)(d), for “the Scottish Tourist Board” there is substituted “ VisitScotland ”.

Commencement Information

I12Sch. 2 para. 5 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)S

6SIn the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies)—

(a)the entries relating to—

(i)the controlling body of an area tourist board established under section 172 of the Local Government etc. (Scotland) Act 1994 (c. 39), and

(ii)the Scottish Tourist Board,

are repealed, and

(b)after the entry relating to a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12) there is inserted— “ VisitScotland ”.

Commencement Information

I13Sch. 2 para. 6 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Scottish Public Services Ombudsman Act 2002 (asp 11)S

7SIn the Scottish Public Services Ombudsman Act 2002, in Part 2 of schedule 2 (listed authorities)—

(a)the entry numbered 53 (the Scottish Tourist Board) is repealed, and

(b)after the entry numbered 54 there is inserted—

54AVisitScotland..

Commencement Information

I14Sch. 2 para. 7 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Freedom of Information (Scotland) Act 2002 (asp 13)S

8SIn the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—

(a)the entries numbered—

(i)56 (area tourist boards), and

(ii)101 (the Scottish Tourist Board),

are repealed, and

(b)after the entry numbered 105 there is inserted—

105AVisitScotland..

Commencement Information

I15Sch. 2 para. 8 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)S

9SIn the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—

(a)the entry relating to the Scottish Tourist Board is repealed, and

(b)after the entry relating to the Scottish University for Industry there is inserted— “ VisitScotland ”.

Commencement Information

I16Sch. 2 para. 9 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

Part 2 SSubordinate legislation

The Financial Services and Markets Act 2000 (Exemption) Order 2001 (SI 2001/1201)S

10SIn the Financial Services and Markets Act 2000 (Exemption) Order 2001, in Part 3 of the Schedule (persons exempt in respect of any regulated activity mentioned in article 5(1) of the Order), in the entry numbered 31, for “the Scottish Tourist Board” there is substituted “ VisitScotland ”.

Commencement Information

I17Sch. 2 para. 10 in force at 1.4.2007 by S.S.I. 2007/47, art. 2

Orders making the Scottish Network Tourist Board SchemesS

11SThe following instruments are revoked—

(a)the Scottish Network 1 Tourist Board Scheme Order 2004 (SSI 2004/396),

(b)the Scottish Network 2 Tourist Board Scheme Order 2004 (SSI 2004/397),

(c)the Scottish Network 1 Tourist Board Scheme Amendment Order 2004 (SSI 2004/464), and

(d)the Scottish Network 2 Tourist Board Scheme Amendment Order 2004 (SSI 2004/465).

Commencement Information

I18Sch. 2 para. 11 in force at 1.4.2007 by S.S.I. 2007/47, art. 2