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Housing (Scotland) Act 2001
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- Acts of the Scottish Parliament
- 2001 asp 10
- PART 4
- Section 86
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This version of this provision is prospective.
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Housing (Scotland) Act 2001, Section 86 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 5(5A) inserted by 2003 asp 10 s. 5(4)(c) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 14(1)(a) words renumbered as s. 14(1)(a) by 2021 asp 16 s. 22(2)(a)(i)
- s. 14(1)(b) inserted by 2021 asp 16 s. 22(2)(a)(ii)
- s. 14(1A)(1B) inserted by 2021 asp 16 s. 22(2)(b)
- s. 14(5C)-(5E) inserted by 2021 asp 16 s. 22(2)(e)
- s. 16(2)(d)(e) inserted by 2021 asp 16 s. 22(3)(b)(ii)
- s. 16(3ZA)(3ZB) inserted by 2021 asp 16 s. 22(3)(c)
- s. 16(5C) inserted by 2021 asp 16 s. 22(3)(e)
- s. 16(7)-(10) inserted by 2021 asp 16 s. 22(3)(f)
- s. 34(7A)-(7C) inserted by 2003 asp 10 s. 6(2) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 34(8)(b) and words inserted by 2003 asp 10 s. 6(3)(b) (This amendment not applied to legislation.gov.uk. S. 6 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
- s. 89(12) inserted by 2019 asp 10 s. 18(3)
- sch. 2 para. 15A inserted by 2021 asp 16 s. 22(4)
- sch. 6 para. 5A and cross-heading inserted by 2003 asp 10 s. 5(5) (This amendment not applied to legislation.gov.uk. S. 5 omitted (31.12.2012) without ever being in force by virtue of S.S.I. 2012/330, arts. 1, 13)
Prospective
86 Transfer of staffS
This section has no associated Explanatory Notes
(1)The Scottish Ministers may by order make provision for the staff of Scottish Homes to transfer to, and become members of the staff of, the Scottish Administration.
(2)The terms and conditions of appointment of a person who becomes a member of the staff of the Scottish Administration by virtue of subsection (1) are to be determined by the Scottish Ministers but, taken as a whole, must be not less favourable to that person than the terms on which the person was employed by Scottish Homes immediately before the transfer.
(3)When a person becomes a member of the staff of the Scottish Administration by virtue of subsection (1), then, for the purposes of the Employment Rights Act 1996 (c.18), that person’s period of employment by Scottish Homes counts as a period of service as a member of the staff of the Scottish Administration and the change of employment does not break the continuity of the period of employment.
(4)Where a person ceases to be employed by Scottish Homes by virtue of subsection (1) that person is not, on ceasing to be so employed, to be treated—
(a)for the purposes of any scheme or regulations by virtue of the Superannuation Act 1972 (c.11) as having been retired on redundancy,
(b)for the purposes of Part XI of the Employment Rights Act 1996 (c.18) as having been dismissed by reason of redundancy.
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