Part V Transfer of Property, Rights, Liabilities and Staff
32 Transfer of staff employed for purposes of public health.
F1(1)
The Secretary of State shall have power by order to provide for the transfer, on such date as may be specified in the order or as may be determined by the Secretary of State, of persons to whom this section applies to the employment of such Health Board as may be so specified, or of the Agency if so specified, or as may be determined in accordance with a scheme made under this section.
(2)
The Secretary of State shall have power to make an order requiring such local authority as may be specified in the order to make a scheme, after consultation with such Health Board as may be so specified or with the Agency if so specified, providing for the transfer of persons employed by the local authority, to whom this section applies, to the employment of such Health Board as may be named in the scheme, or of the Agency, if so named.
(3)
This section applies to the following persons—
(a)
medical practitioners registered under the Medical Acts 1956 to 1969;
(b)
nurses registered or enrolled under the Nurses (Scotland) Acts 1951 to 1969;
(c)
nursing auxiliaries; and
F2(d)
persons who are registered in the register maintained under article 5 of the Health Professions Order 2001;
who are employed wholly or mainly for the purposes of the public health functions of a local authority.
(4)
Before making an order under section 31 of this Act or under this section, the Secretary of State shall consult with such bodies representative of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable.
(5)
In this section, “public health functions” means the functions specified in Schedule 4 to this Act, and “local authority” means a county council, a town council or a port local authority.