Legal Aid (Scotland) Act 1986

10 (1) Where a person becomes an employee of the Board on acceptance of an offer made under paragraph 9 above, then, for the purposes of [F1 the Employment Rights Act 1996], his period of employment with the Law Society or, as the case may be, in the civil service of the State, 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. S

(2) Where an offer is made in pursuance of paragraph 9(1) above to any person employed as is mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him and—

(a) where a person employed as is mentioned in sub-paragraph (a) of that paragraph ceases to be so employed—

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

(ii) having unreasonably refused the offer,

F2 . . . he shall not be treated for the purposes of any scheme under section 12 of the M1 Legal Aid (Scotland) Act 1967 as having been retired on redundancy;

(b) where a person employed as is mentioned in sub-paragraph (b) of that paragraph ceases to be so employed on becoming a member of the staff of the Board in consequence of that 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.

(3) Without prejudice to sub-paragraph (2) above, where a person has unreasonably refused an offer made to him in pursuance of paragraph 9 above, the Law Society or, as the case may be, the Secretary of State shall not terminate that person’s employment unless it or, as the case may be, he has first had regard to the feasibility of employing him in a suitable alternative position with the Law Society or, as the case may be, in the civil service of the State.

(4) Where a person continues in employment in the Law Society or, as the case may be, the civil service of the State 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 (3) above,

he shall be treated for all purposes as if the offer mentioned in paragraph 9(1) above had not been made.

Textual Amendments

F1 Words in Sch. 1 para. 10(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para.30 (with ss. 191-195, 202)

F2 Words in Sch. 1 para. 10(2)(a) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I (with ss. 191-195, 202)

Marginal Citations

M1 1967 c. 43.

M2 1972 c. 11.