The Health Education Board for Scotland (Transfer of Officers) Regulations 1991

• Citation: S.I. 1991/345
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Health Education Board for Scotland (Transfer of Officers) Regulations 1991 and shall come into force on 25th March 1991.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings given to them in this paragraph:—

“ the Act ” means the National Health Service (Scotland) Act 1978;

“the Board” means the Health Education Board for Scotland constituted by the Health Education Board for Scotland Order 1990;

“officer” includes “employee”;

“a relevant transfer” has the meaning set out in regulation 2; and

“the transfer date” is 1st April 1991.

Section 2 Definition of a relevant transfer

For the purposes of these Regulations a relevant transfer is a transfer which takes place on the transfer date whereby an officer of the Agency who is employed in the division of the Agency known as the Scottish Health Education Group in connection with the execution by the Agency of functions in relation to health education, is transferred to the Board under these Regulations.

Section 3 Transfer of officers from the Agency to the Board

(1) Where a relevant transfer is to take place under these Regulations and the Agency has given notice in writing to any officer who is subject to such a transfer not later than one month before the transfer date or such shorter period as the Agency and the officer may agree, he will transfer to the employment of the Board on the transfer date.

(2) A relevant transfer shall not operate so as to terminate the contract of employment of any person on whom a notice is served under paragraph (1) but such a contract shall have effect after the transfer date as if entered into originally between such a person and the Board.

(3) Without prejudice to the previous paragraphs of this regulation on completion of a relevant transfer—

(a) all the rights, powers, duties and liabilities of the Agency under or in connection with such a contract shall be transferred by virtue of this regulation to the Board;

(b) anything done before the transfer is completed by or in relation to the Agency in respect of such a contract shall be deemed to have been done by or in relation to the Board; and

(c) any right or liability which was enforceable by or against the Agency in respect of the employment by the Agency of any officer who is transferred to the Board by virtue of this regulation shall be enforceable by or against the Board.

(4) Any reference in this regulation to a person employed by or who is an officer of the Agency, is a reference to a person so employed by or who is an officer of, the Agency immediately before the transfer.

Section 4 Effect of a relevant transfer on collective agreements

Where at the time of a relevant transfer there exists a collective agreement made by or on behalf of the Agency with a trade union recognised by the Agency in respect of an officer whose contract of employment is preserved by regulation 3(2), then—

(a) without prejudice to any rule of law as to the unenforceability of collective agreements, that agreement in its application in relation to that officer shall, after the transfer, have effect as if made by or on behalf of the Board with that trade union, and accordingly anything done under or in connection with it, in its application as aforesaid by or in relation to the Agency before the transfer, shall, after the transfer, be deemed to have been done by or in relation to the Board; and

(b) any order made in respect of that agreement, in its application in relation to the officer, shall, after the transfer, have effect as if the Board were a party to the agreement.