National Heritage (Scotland) Act 1985

Staff S

4 (1) There shall be a Director of the National Museums of Scotland who shall be appointed by the Board with the approval of the Secretary of State. S

(2) The Director shall be responsible to the Board for the general exercise of their functions.

(3) The Board may appoint such other employees as the Board think fit.

(4) The employees shall be appointed on such terms and conditions as the Board may determine.

(5) A determination under sub-paragraph (4) shall be subject to the approval of the Secretary of State F1 . . ..

(6) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the M1 Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) “ National Museums of Scotland ” shall be inserted in place of “National Museum of Antiquities of Scotland”.

Textual Amendments

F1 Words in Sch. 1 Pt. I para. 4(5) omitted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. 1 para. 80(4)(a), Pt. IV; S.I. 1998/3178, art. 3

Marginal Citations

M1 1972 c. 11.

5 (1) The Board shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Board to each person employed immediately before that date for the purposes of the institutions comprising the National Museums of Scotland. S

(2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(3) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Board is not employment in the service of the Crown.

(4) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.c. 44.

(5) Where a person becomes an employee of the Board in consequence of this paragraph, then, for the purposes of [F2 the Employment Rights Act 1996], his period of employment in the civil service of the State or, as the case may be, for the purposes of the National Museum of Antiquities of Scotland, shall count as a period of employment by the Board, and the change of employment shall not break the continuity of the period of employment.

(6) Where an offer is made to any person employed as mentioned in sub-paragraph (1) in pursuance of this paragraph, none of the agreed redundancy procedures applicable to such persons shall apply to him; and if he ceases to be so employed—

(a) on becoming a member of the staff of the Board in consequence of this paragraph; or

(b) having unreasonably refused an offer made to him in pursuance of this paragraph, he shall not be treated for the purposes of any scheme under section 1 of the M2 Superannuation Act 1972 as having been retired on redundancy.

(7) Without prejudice to sub-paragraph (6) above, where a person in the civil service of the State has unreasonably refused an offer made to him in pursuance of this paragraph, the Secretary of State shall not terminate that person’s employment unless he has first had regard to the feasibility of employing him in a suitable alternative position in the civil service.

(8) Where a person continues in employment in the civil service either—

(a) not having unreasonably refused an offer made to him in pursuance of this paragraph, or

(b) having been placed in a suitable alternative position as mentioned in sub-paragraph (7) above,he shall be treated for all purposes as if the offer mentioned in sub-paragraph (1) had not been made.

(9) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Board are, taken as a whole, less favourable than those applying to a person’s employment immediately prior to the making of the offer mentioned in sub-paragraph (1) shall be referred to and determined by an [F3 employment tribunal].

(10) An [F3 employment tribunal] shall not consider a complaint whereby a dispute mentioned in sub-paragraph (9) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(11) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F3 employment tribunal] under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an [F3 employment tribunal] under this paragraph.

Textual Amendments

F2 Words in Sch. 1 Pt. I para. 5(5) substituted (22.8.1996) by 1996 c. 18 ss. 240, 243, Sch. 1 para. 24(a) (with ss. 191, 192, 193, 194, 195, 202)

F3 Words in Sch. 1 Pt. I para. 5(9)(10)(11) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M2 1972 c. 11