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Public Services Reform (Scotland) Act 2010
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- 2010 asp 8
- Part 6
- Section 109
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Changes to legislation:
Public Services Reform (Scotland) Act 2010, Section 109 is up to date with all changes known to be in force on or before 29 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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Changes and effects yet to be applied to Section 109:
- s. 50(1A)(1B) inserted by 2024 asp 5 s. 28(2)(a)
- s. 59A inserted by 2024 asp 5 s. 28(3)
- s. 78(2A)(2B) inserted by 2024 asp 5 s. 28(4)
- s. 78A inserted by 2024 asp 5 s. 27(2)
- s. 109 coming into force by S.S.I. 2024/131 art. 2 sch. 2
- s. 190(1) words substituted by 2024 asp 5 s. 29(2)(a)
- s. 190(2)(2A) substituted for s. 190(2) by 2024 asp 5 s. 29(2)(b)
- sch. 12 para. 6-6B substituted for Sch. 12 para. 6 by 2024 asp 5 s. 27(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 50(1A)(1B) inserted by 2024 asp 5 s. 28(2)(a)
- s. 59A inserted by 2024 asp 5 s. 28(3)
- s. 78(2A)(2B) inserted by 2024 asp 5 s. 28(4)
- s. 78A inserted by 2024 asp 5 s. 27(2)
- s. 190(1) words substituted by 2024 asp 5 s. 29(2)(a)
- s. 190(2)(2A) substituted for s. 190(2) by 2024 asp 5 s. 29(2)(b)
- sch. 12 para. 6-6B substituted for Sch. 12 para. 6 by 2024 asp 5 s. 27(4)
109Transfer of staff etc. to Healthcare Improvement ScotlandS
This section has no associated Explanatory Notes
(1)This subsection applies to such persons employed by the Scottish Commission for the Regulation of Care as the Scottish Ministers may by order specify.
(2)An order under subsection (1) may specify any description of such employees or any individual such employee.
(3)Section 102(1)(a), (3), (4) and (5) applies to those persons to whom subsection (1) of this section applies with the effect that they are transferred into the employment of Healthcare Improvement Scotland; and any reference to “SCSWIS” in section 102 is to be read as a reference to “Healthcare Improvement Scotland” in relation to those persons.
(4)This subsection applies to such property (including rights) and liabilities of the Scottish Commission for the Regulation of Care as the Scottish Ministers may by order specify.
(5)An order under subsection (4) may specify any description of such property or liabilities or any particular property or liability; but such an order may not include liabilities under or in connection with any person's contract of employment.
(6)Section 102(1)(b) applies to such property and liabilities to which subsection (4) of this section applies with the effect that they are transferred to, and vest in, Healthcare Improvement Scotland.
(7)The power to make an order under subsection (1)—
(a)must be exercised by statutory instrument,
(b)may be exercised so as to make different provision for different purposes.
(8)A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Parliament.
Commencement Information
I1S. 109 in force at 19.6.2024 for specified purposes by S.S.I. 2024/131, art. 2, sch. 1
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