The Act – Section by Section Part 2 – Fire Reform Sections 121-123– General
131.Section 121 introduces schedule 6, which makes provision about the transfer of staff, property, rights, liabilities and obligations to SFRS and to local authorities where appropriate.  Paragraph 1 of schedule 6 defines terms used in the schedule, including defining the “appointed day” as the day the Scottish Ministers may appoint by order. There is no parliamentary procedure attached to such an order.
132.Paragraphs 2-4 cover the arrangements for the transfer of staff and others. Paragraph 2 covers the transfer of joint board staff. It provides that a joint board employee’s contract of employment has effect on and after the appointed day as if originally made between the employee and the SFRS. Sub-paragraph (4) provides that an employee may advise they do not wish to become an employee of SFRS in advance of the appointed day, in which case their contract is terminated on the appointed day. A transferring employee is not to be treated as dismissed by virtue of the operation of any of these provisions. Sub-paragraph (6) provides that the right of any employee to terminate their contract of employment because of a substantial detrimental change in their working conditions is not affected. Sub-paragraph (7) provides that no such right arises simply because of a change in the identify of the employer.
133.Paragraph 3 gives the Scottish Ministers power to make a staff transfer scheme to transfer staff employed in the unitary fire and rescue authorities or who are members of staff of the Scottish Ministers to SFRS. Sub-paragraph (4) provides that such a transfer scheme may only be made in relation to persons whose employment relates to the functions of SFRS. This is because only those employees who are carrying out fire and rescue functions should transfer to the SFRS. It is necessary therefore to identify those employees who are to transfer in a transfer scheme. Paragraph 4 makes further provisions in relation to transfers under paragraph 3.  It provides that the contract of employment for the person who is transferring has effect on or after the transfer day as if originally made between the employee and the SFRS. Sub-paragraph (5) provides that if an employee advises that they do not wish to become an employee of SFRS in advance of the transfer day, their contract is terminated on the day before the intended transfer day. A person is not to be treated as dismissed by virtue of the operation of any of these provisions. Sub-paragraph (7) provides that the right of any employee to terminate their contract of employment because of a substantial detrimental change in their working conditions is not affected. Sub-paragraph (8) provides that no such right arises simply because of a change in the identify of the employer. Sub-paragraph (9) places on obligation on the Scottish Ministers before making a staff transfer scheme to consult any local authority or other person who is affected by the making of that scheme.
134.Paragraphs 5 – 7 cover property transfers. Paragraph 5 allows the Scottish Ministers to make an SFRS property transfer scheme. This is a scheme making provision for the transfer to the SFRS of property, rights, liabilities and obligations of Ministers, a local authority or a joint fire and rescue board. Paragraph 6 allows the Scottish Ministers to make a local authority transfer scheme to make provision for the transfer to a local authority of property, rights, liabilities and obligations of a joint board. Scottish Ministers must be provided with such information or assistance by local authorities and joint fire and rescue boards, as may reasonably be required in relation to transfer schemes under paragraphs 5 and 6. Paragraph 7 makes general provisions in relation to schemes made under paragraphs 5 and 6, and paragraph 8 makes general provision in relation to both staff and property transfer schemes.
135.Section 122 is a transitory provision, requiring the current fire and rescue authorities and joint boards to provide information and assistance to the SFRS. There is a reasonable requirement test in relation to such information and assistance. It also allows for membership of the SFRS until the coming into force of section 101(1) in relation to new section 1A(2) of the 2005 Act. i.e. when SFRS has substantive functions conferred on it.
136.Section 123 defines the meaning of “the 2005 Act” as the Fire (Scotland) Act 2005.