Criminal Proceedings etc. (Reform) (Scotland) Act 2007

65 Transfer of staff and property S

(1) An order under section 64(1) may include provision by reference to a scheme made (or to be made) under subsection (2).

(2) The Scottish Ministers must make a scheme for the transfer to the employment of the Scottish Administration of clerks, assessors and other staff of the district court to which the order applies.

(3) A scheme under subsection (2) may apply to—

(a) all, or any description of, staff,

(b) an individual member of staff.

(4) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to any transfer of staff by virtue of a scheme made under subsection (2) whether or not they would apply apart from this subsection.

(5) An order under section 64(1) may include provision for the transfer to, and vesting in, the Scottish Ministers of—

(a) property (including rights)—

(i) of the local authority responsible for the district court to which the order applies, and

(ii) which is used (or exercised) for the time being for or in connection with the operation or administration of that district court,

(b) liabilities of that local authority deriving from the operation or administration of that district court.

(6) Provision—

(a) in a scheme under subsection (2),

(b) under subsection (5),

may specify the extent to which the transfer is (or is to be) made.

(7) Subsection (5) has effect despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities to which it relates.

(8) A certificate issued by the Scottish Ministers that any property or liability has (or has not) been transferred under subsection (5) is conclusive evidence of that matter.