SCHEDULE 1Dissolution of existing area tourist boards
1Transfer of staff
1
On the dissolution of a network tourist board, each person employed by the board immediately before its dissolution transfers to and becomes a member of staff of VisitScotland.
2
The contract of employment of such a person—
a
is not terminated by the transfer, and
b
has effect from the date of the transfer as if originally made between that person and VisitScotland.
3
Without prejudice to sub-paragraph (2), where a person becomes a member of the staff of VisitScotland under sub-paragraph (1)—
a
all the rights, powers, duties and liabilities of the board from which that person is transferred under or in connection with that person’s contract of employment are by virtue of this sub-paragraph transferred to VisitScotland on the date of the transfer, and
b
anything done before that date by or in relation to the board from which that person is transferred in respect of that contract of employment or that person is to be treated from that date as having been done by, or in relation to, VisitScotland.
4
This paragraph does not prejudice any right of any person to terminate that person’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of that person’s employer changes by virtue of this paragraph.
2Transfer of property and liabilities
1
On the dissolution of a network tourist board, the property and liabilities to which the board was entitled or subject immediately before its dissolution transfer to and vest in VisitScotland.
2
Sub-paragraph (1) has effect in relation to property and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
3Interpretation
In this schedule, “network tourist board” means a body mentioned in section 3(2).
SCHEDULE 2Consequential modifications
Part 1Acts
1The Development of Tourism Act 1969 (c. 51)
In the Development of Tourism Act 1969, in section 2 (general functions), in subsection (5)—
a
for “the Boards” in both places where that expression occurs, there is substituted “those bodies”, and
b
for “Boards” in the third place where that word occurs, there is substituted “bodies”.
2The Local Government (Scotland) Act 1973 (c. 65)
In the Local Government (Scotland) Act 1973, in section 90 (powers of local authorities to carry on tourism-related activities)—
a
subsection (1)(d) is repealed,
b
in subsection (4), for “(d)” there is substituted “(c)”,
c
in subsection (6)—
i
for “modifications” there is substituted “modification”, and
ii
paragraph (a) and the word “and” immediately following it are repealed, and
d
subsection (8) is repealed.
3The Race Relations Act 1976 (c. 74)
In the Race Relations Act 1976, in Part 2 of Schedule 1A (bodies and other persons subject to general statutory duty)—
a
the entry relating to the Scottish Tourist Board is repealed, and
b
after the entry relating to the Victoria and Albert Museum, there is inserted—
VisitScotland.
4The Tourism (Overseas Promotion) (Scotland) Act 1984 (c. 4)
In the Tourism (Overseas Promotion) (Scotland) Act 1984, in section 1 (power of the Scottish Tourist Board to engage outside the UK in the promotion of tourism in Scotland)—
a
in subsection (1), for “the Scottish Tourist Board” there is substituted “VisitScotland”, and
b
in subsection (3)(b), for “the Scottish Tourist Board” there is substituted “VisitScotland”.
5The Greater London Authority Act 1999 (c. 29)
In the Greater London Authority Act 1999, in section 378 (duty of the Authority to promote tourism), in subsection (11)(d), for “the Scottish Tourist Board” there is substituted “VisitScotland”.
6The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies)—
a
the entries relating to—
i
the controlling body of an area tourist board established under section 172 of the Local Government etc. (Scotland) Act 1994 (c. 39), and
ii
the Scottish Tourist Board,
are repealed, and
b
after the entry relating to a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12) there is inserted—
VisitScotland
7The Scottish Public Services Ombudsman Act 2002 (asp 11)
In the Scottish Public Services Ombudsman Act 2002, in Part 2 of schedule 2 (listed authorities)—
a
the entry numbered 53 (the Scottish Tourist Board) is repealed, and
b
after the entry numbered 54 there is inserted—
54A
VisitScotland.
8The Freedom of Information (Scotland) Act 2002 (asp 13)
In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities)—
a
the entries numbered—
i
56 (area tourist boards), and
ii
101 (the Scottish Tourist Board),
are repealed, and
b
after the entry numbered 105 there is inserted—
105A
VisitScotland.
9The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities)—
a
the entry relating to the Scottish Tourist Board is repealed, and
b
after the entry relating to the Scottish University for Industry there is inserted—
VisitScotland
Part 2Subordinate legislation
10The Financial Services and Markets Act 2000 (Exemption) Order 2001 (SI 2001/1201)
In the Financial Services and Markets Act 2000 (Exemption) Order 2001, in Part 3 of the Schedule (persons exempt in respect of any regulated activity mentioned in article 5(1) of the Order), in the entry numbered 31, for “the Scottish Tourist Board” there is substituted “VisitScotland”.
11Orders making the Scottish Network Tourist Board Schemes
The following instruments are revoked—
a
the Scottish Network 1 Tourist Board Scheme Order 2004 (SSI 2004/396),
b
the Scottish Network 2 Tourist Board Scheme Order 2004 (SSI 2004/397),
c
the Scottish Network 1 Tourist Board Scheme Amendment Order 2004 (SSI 2004/464), and
d
the Scottish Network 2 Tourist Board Scheme Amendment Order 2004 (SSI 2004/465).