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Public Services Reform (Scotland) Act 2010

Schedule 3 – Dissolution of Waterwatch Scotland: Arrangements for Staff, Property Etc.

369.Schedule 3 is introduced by section 3(7) and transfers the staff and property, liabilities and ongoing matters of Waterwatch Scotland to the Scottish Public Services Ombudsman (SPSO) and the National Consumer Council (NCC).

370.Paragraphs 1 to 6 make provision for the transfer of staff from Waterwatch Scotland Limited (the company created to provide staffing for the Convener of the Panels and whose employees perform work in relation to complaints-handling and representation) to the relevant body. Those staff whose primary function is complaints-handling transfer to the SPSO and those whose primary function is customer representation transfer to NCC. Where staff undertake both customer representation and complaints-handling functions the Convener is given the power to determine to which organisation staff should transfer. The transfer preserves the employees’ original terms and conditions.

371.Paragraph 7 makes provision for the transfer of property and liabilities to either SPSO or NCC based on primary function.

372.Paragraph 8 makes provision where there are ongoing complaints which transfer to the SPSO but which may not be dealt with using the SPSO’s powers under the Scottish Public Services Ombudsman Act 2002. The provision permits the SPSO to take forward the complaints using the Convener’s existing powers under section 6A of the Water Industry (Scotland) Act 2002, despite its repeal.

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