Search Legislation

Public Services Reform (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 3

 Help about opening options

Alternative versions:

Changes to legislation:

Public Services Reform (Scotland) Act 2010, SCHEDULE 3 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULE 3SDissolution of Waterwatch Scotland: arrangements for staff, property etc.

(introduced by section 3(7))

This schedule has no associated Explanatory Notes

Transfer of staffS

1SWith effect from the date on which section 3 comes into force, any person—

(a)employed by Waterwatch Scotland Limited, and

(b)who is, in the opinion of the Convener of the Water Customer Consultation Panels (in this schedule referred to as “the Convener”), primarily involved in assisting with the exercise of the functions of the Convener described in section 6A of the Water Industry (Scotland) Act 2002 (Convener to investigate complaints),

is transferred to the employment of the Scottish Public Services Ombudsman.

Commencement Information

I1Sch. 3 para. 1 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

2(1)With effect from the date on which section 3 comes into force, any person—S

(a)employed by Waterwatch Scotland Limited, and

(b)who is, in the opinion of the Convener, primarily involved in assisting with the exercise of the representative functions of the Convener,

is transferred to the employment of the National Consumer Council.

(2)For the purposes of sub-paragraph (1), the “representative functions” of the Convener are those functions relating to the representation of the views and interests of persons whose premises—

(a)are connected to the public water supply system or the public sewerage system (within the meaning of Part 2 of the Water Services etc. (Scotland) Act 2005 (asp 3)) or both, or

(b)might reasonably become connected to either or both of those systems.

Commencement Information

I2Sch. 3 para. 2 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

3(1)This paragraph applies to any person who—S

(a)is (immediately before section 3 comes into force) employed by Waterwatch Scotland Limited, and

(b)in the opinion of the Convener, does not fall within the description of a person whose employment is to be transferred by virtue of paragraph 1 or 2(1).

(2)The Convener must specify whether the person's employment is to transfer to the Scottish Public Services Ombudsman or to the National Consumer Council.

(3)With effect from the date on which section 3 comes into force, the person is transferred to the employment of the employer specified by the Convener under sub-paragraph (2).

(4)For the purposes of paragraphs 4 to 6—

(a)a person who is transferred to the employment of the Scottish Public Service Ombudsman by virtue of this paragraph is to be treated as though the transfer was by virtue of paragraph 1, and

(b)a person who is transferred to the employment of the National Consumer Council by virtue of this paragraph is to be treated as though the transfer was by virtue of paragraph 2(1).

Commencement Information

I3Sch. 3 para. 3 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

4SThe contract of employment of a person transferred by virtue of paragraph 1 or 2(1)—

(a)is not terminated by the transfer, and

(b)has effect from the date of transfer as if originally made between the transferred person and the Scottish Public Services Ombudsman or, as the case may be, the National Consumer Council.

Commencement Information

I4Sch. 3 para. 4 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

5SWithout prejudice to paragraph 4, where a person is transferred—

(a)by virtue of paragraph 1—

(i)all the rights, powers, duties and liabilities of Waterwatch Scotland Limited under or in connection with the person's contract of employment are transferred to the Scottish Public Services Ombudsman on the date of the transfer, and

(ii)anything done before that date by or in relation to Waterwatch Scotland Limited in respect of the person or the contract is to be treated from that date as having been done by or in relation to the Scottish Public Services Ombudsman,

(b)by virtue of paragraph 2(1)—

(i)all the rights, powers, duties and liabilities of Waterwatch Scotland Limited under or in connection with the person's contract of employment are transferred to the National Consumer Council on the date of the transfer, and

(ii)anything done before that date by or in relation to Waterwatch Scotland Limited in respect of the person or the contract is to be treated from that date as having been done by or in relation to the National Consumer Council.

Commencement Information

I5Sch. 3 para. 5 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

6SParagraphs 1 to 5 do not affect any right of any person so transferred to terminate the person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but any such change is not to be taken to have occurred by reason only that the identity of the person's employer changes by virtue of those paragraphs.

Commencement Information

I6Sch. 3 para. 6 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

Transfer of property etc.S

7(1)With effect from the date on which section 3(1) comes into force all property (including rights) and liabilities of Waterwatch Scotland Limited held, used or, as the case may be, incurred by Waterwatch Scotland Limited for the purposes of or in connection with the exercise of the Convener's functions under section 6A of the Water Industry (Scotland) Act 2002, are transferred to and vest in the Scottish Public Services Ombudsman.S

(2)With effect from the date on which section 3(3) comes into force all property (including rights) and liabilities of Waterwatch Scotland Limited held, used or, as the case may be, incurred by Waterwatch Scotland Limited for the purposes of or in connection with the exercise of functions other than those of the Convener mentioned in sub-paragraph (1) are transferred to and vest in the National Consumer Council.

Commencement Information

I7Sch. 3 para. 7 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

Transfer of undetermined complaintsS

8(1)This paragraph applies in relation to any complaint (“an undetermined complaint”)—S

(a)made or referred to the Convener under section 6A of the Water Industry (Scotland) Act 2002,

(b)which has not been determined by the Convener before the date on which section 3(1) comes into force, and

(c)which cannot otherwise be determined (but for sub-paragraph (2)) by the Scottish Public Services Ombudsman (“the Ombudsman”) under the Scottish Public Services Ombudsman Act 2002.

(2)For the purpose of enabling an undetermined complaint to continue to be dealt with, section 6A of the Water Industry (Scotland) Act 2002 continues in force despite its repeal and has effect as it had effect immediately before its repeal but—

(a)as if any reference in it to the Convener were a reference to the Ombudsman, and

(b)subject to such further modifications (if any) as may be made by virtue of section 132.

(3)For the purposes of this paragraph a complaint is determined by the Convener if the Convener—

(a)has decided to conduct an investigation in relation to the complaint and that investigation is concluded, or

(b)has decided not to investigate in relation to the complaint.

(4)Nothing in this paragraph affects the validity of anything done (or having effect as if done) by or in relation to an undetermined complaint by the Convener under the Water Industry (Scotland) Act 2002 before the repeal of section 6A of that Act by this Act.

(5)Anything (including legal proceedings) which, at that time, is in the process of being done by or in relation to the Convener may, so far as it relates to an undetermined complaint, be continued by or in relation to the Ombudsman.

(6)Anything done (or having effect as if done) by or in relation to the Convener in relation to an undetermined complaint has effect as if done by or in relation to the Ombudsman in so far as that is required for continuing its effect on or after that time.

Commencement Information

I8Sch. 3 para. 8 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(e)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources