Schedule 5 – Transfer of Staff, Property Etc. to Historic Environment Scotland
162.Schedule 5 to the Act makes provision for the transfer of staff and property etc. to Historic Environment Scotland.
163.Paragraphs 1 to 3 make provision in relation to staff transfers. Paragraph 1 empowers the Scottish Ministers to make a staff transfer scheme making provision for or in connection with the transfer of staff employed by RCAHMS and staff of the Scottish Ministers employed in Historic Scotland to Historic Environment Scotland. Such a scheme is not subject to Parliamentary procedure.
164.Under paragraph 2, the scheme must specify the date on which the transfer is to take place. The scheme may specify different dates for different purposes and make different provision in relation to different cases or classes of case.
165.Paragraph 3 makes provision in respect of the effect of the transfer on an employee’s contract. It provides that the contract of employment for the person who is transferring has effect on or after the transfer date as if originally made between the employee and Historic Environment Scotland.
166.Paragraph 3(5) provides that employed staff may object in advance of their contract being transferred to Historic Environment Scotland, in which case their contract is terminated at the end of the day before the intended transfer. This termination will not be treated as dismissal of a person for the purposes of the legislation.
167.Paragraphs 4 and 5 cover property transfers. Paragraph 4(1) enables the Scottish Ministers to make a property transfer scheme making provision for the transfer to Historic Environment Scotland of property, rights, liabilities and obligations of Scottish Ministers or RCAHMS. This includes property rights and obligations under lease agreements and rights and liabilities under grant and loan agreements.
168.Paragraph 5(3) provides that a transfer scheme may make provision in relation to different cases or classes of case and may specify different dates in relation to different property, rights, liabilities and obligations.