Search Legislation

Police and Fire Reform (Scotland) Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 6

 Help about opening options

Changes to legislation:

Police and Fire Reform (Scotland) Act 2012, SCHEDULE 6 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 6STransfer of staff, property etc.

(introduced by section 121)

This schedule has no associated Explanatory Notes

InterpretationS

1SIn this schedule—

  • appointed day” means such day as the Scottish Ministers may by order appoint (and different days may be appointed for different purposes),

  • joint board” means a joint fire and rescue board constituted by a scheme made under section 2(1) of the 2005 Act,

  • relevant employer”, in relation to—

    (a)

    a person employed by a local authority, means the local authority with which the person has a contract of employment,

    (b)

    a person who is a member of the staff of the Scottish Ministers, means the Scottish Ministers,

  • transfer day”, in relation to a person, means the day on which a staff transfer scheme comes into force in relation to the person,

  • transferring employee” means a person who, immediately before the appointed day, is an employee of a joint board.

Modifications etc. (not altering text)

C1Sch. 6 para. 1 power exercised: 1.4.2013 appointed for the purposes of sch. 6 by S.S.I. 2012/333, art. 4

Commencement Information

I1Sch. 6 para. 1 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Joint board staffS

2(1)A transferring employee's contract of employment has effect on and after the appointed day as if originally made between the employee and SFRS.S

(2)The rights, powers, duties and liabilities of the joint board under or in connection with the contract of employment are by virtue of this paragraph transferred to SFRS on the appointed day.

(3)Anything done before the appointed day by or in relation to the joint board in respect of the contract of employment or the transferring employee is to be treated on and after that day as having been done by or in relation to SFRS.

(4)If, before the appointed day, a transferring employee informs the joint board that the person does not wish to become an employee of SFRS—

(a)sub-paragraphs (1) to (3) do not apply in relation to the transferring employee, and

(b)the transferring employee's contract of employment is terminated on the appointed day.

(5)A transferring employee is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the employee.

(6)Nothing in this paragraph affects any right of a transferring employee to terminate the employee's contract of employment if a substantial detrimental change in the employee's working conditions is made.

(7)No such right arises by reason only that, by virtue of this paragraph, the identity of the transferring employee's employer changes.

Commencement Information

I2Sch. 6 para. 2 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Local authority staff and civil servantsS

3(1)The Scottish Ministers may make a staff transfer scheme.S

(2)A staff transfer scheme is a scheme making provision for or in connection with the transfer to SFRS of persons who are—

(a)employed by a local authority, or

(b)members of the staff of the Scottish Ministers.

(3)A staff transfer scheme may in particular—

(a)prescribe rules by which the transfer of specified persons, or classes of specified person, can be determined,

(b)provide that specified persons, or classes of specified person, are to become employees of SFRS.

(4)A staff transfer scheme may make provision only in relation to persons whose employment relates to the carrying out of functions conferred on SFRS by or under the 2005 Act or any other enactment.

(5)In this paragraph, “specified” means specified in a staff transfer scheme.

Commencement Information

I3Sch. 6 para. 3 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Transfers under paragraph 3: effect on contract of employmentS

4(1)This paragraph applies where—S

(a)a person is to be transferred by virtue of a staff transfer scheme, and

(b)immediately before the transfer day the person has a contract of employment with a relevant employer.

(2)The contract of employment has effect on and after the transfer day as if originally made between the person and SFRS.

(3)The rights, powers, duties and liabilities of the relevant employer under or in connection with the contract of employment are by virtue of this paragraph transferred to SFRS on the transfer day.

(4)Anything done before the transfer day by or in relation to the relevant employer in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to SFRS.

(5)If, before the transfer day, the person informs the relevant employer that the person does not wish to become an employee of SFRS—

(a)sub-paragraphs (2) to (4) do not apply in relation to the person, and

(b)the person's contract of employment is terminated on the day before the transfer day.

(6)A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person.

(7)Nothing in this paragraph affects any right of a person to terminate the person's contract of employment if a substantial detrimental change in the person's working conditions is made.

(8)No such right arises by reason only that, by virtue of this paragraph, the identity of the person's employer changes.

(9)Before making a staff transfer scheme under paragraph 3, the Scottish Ministers must consult any local authority or other person whose rights, liabilities and obligations (or any of them) are to be transferred by virtue of the scheme.

Commencement Information

I4Sch. 6 para. 4 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Property transfer scheme: transfers to SFRSS

5(1)The Scottish Ministers may make an SFRS property transfer scheme.S

(2)An SFRS property transfer scheme is a scheme making provision for or in connection with the transfer to SFRS of property, rights, liabilities and obligations of—

(a)the Scottish Ministers,

(b)a local authority,

(c)a joint board.

(3)An SFRS property transfer scheme may make provision by virtue of sub-paragraph (2) only in so far as the property, rights, liabilities and obligations relate to functions of SFRS conferred by or under the 2005 Act or any other enactment.

(4)A person mentioned in sub-paragraph (2)(b) or (c) must provide the Scottish Ministers with such information or assistance as they may reasonably require for the purposes of or in connection with the making of an SFRS property transfer scheme.

(5)On the transfer date—

(a)any property or rights to which an SFRS property transfer scheme applies transfers to and vests in SFRS,

(b)any liabilities or obligations to which such a scheme applies become liabilities or obligations of SFRS.

(6)An SFRS property transfer scheme may make provision for the payment by SFRS of compensation in respect of property and rights transferred by virtue of the scheme.

Commencement Information

I5Sch. 6 para. 5 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Property transfer scheme: transfers to local authoritiesS

6(1)The Scottish Ministers may make a local authority property transfer scheme.S

(2)A local authority property transfer scheme is a scheme making provision for or in connection with the transfer to a specified local authority of property, rights, liabilities and obligations of a specified joint board.

(3)A joint board must provide the Scottish Ministers with such information or assistance as they may reasonably require for the purposes of or in connection with the making of a local authority property transfer scheme.

(4)On the transfer date—

(a)any property or rights to which a local authority property transfer scheme applies transfers to and vests in the specified local authority,

(b)any liabilities or obligations to which such a scheme applies become liabilities or obligations of the specified local authority.

(5)A local authority property transfer scheme may make provision for the payment by a local authority of compensation in respect of property and rights transferred by virtue of the scheme.

(6)In this paragraph, “specified” means specified in the local authority property transfer scheme.

Commencement Information

I6Sch. 6 para. 6 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Property transfer schemes: generalS

7(1)This paragraph applies in relation to a scheme under paragraph 5 or 6.S

(2)The scheme must specify a date (the “transfer date”) on which the transfer is to take effect.

(3)The scheme may—

(a)specify different dates in relation to different property, rights, liabilities and obligations,

(b)make different provision in relation to different cases or classes of case.

(4)The scheme may make provision for the creation of rights, or the imposition of obligations or liabilities, in relation to the property, rights, liabilities or obligations transferred by virtue of the scheme.

(5)The scheme may make provision requiring the person to whom property is transferred by the scheme to comply with requirements or conditions specified by the Scottish Ministers in relation to the property.

(6)A requirement or condition specified under sub-paragraph (5) may include in particular—

(a)a requirement that the property may not be disposed of unless the Scottish Ministers consent,

(b)a condition in relation to use of the property.

(7)A certificate issued by the Scottish Ministers that any property, right, liability or obligation has, or has not, been transferred by virtue of the scheme is conclusive evidence of the transfer or the fact that there has not been a transfer.

(8)The scheme may in particular make provision about the continuation of legal proceedings.

Commencement Information

I7Sch. 6 para. 7 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Transfer schemes: additional provisionS

8SA staff transfer scheme or a property transfer scheme under paragraph 5 or 6 may include such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

Commencement Information

I8Sch. 6 para. 8 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

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?

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