7(1)The Secretary of State may—
(a)by order made in relation to any specified description of relevant health authority employees specify the health service body to which they are to be transferred on 1st April 1996, and
(b)by scheme made in relation to relevant health authority employees designated by the scheme (either individually or as members of a class) designate the health service body to which they are to be transferred on 1st April 1996.
(2)In this paragraph and paragraphs 8 to 10 references to relevant health authority employees are to persons who immediately before 1st April 1996 are employees of—
(a)a Regional Health Authority,
(b)a District Health Authority, or
(c)a Family Health Services Authority,
other than persons to whom sub-paragraph (3) applies.
(3)This sub-paragraph applies to persons to whom section 6 of the National Health Service and Community Care Act 1990 (transfers of staff to an NHS trust) applies if the operational date of the trust in question (or, in the case of employees within subsection (5) of that section, the [1990 c. 19.] date on which they take up employment) is 1st April 1996.
(4)In this paragraph and paragraphs 8 to 11 references to a health service body are to—
(a)the Secretary of State,
(b)a Health Authority,
(c)a Special Health Authority, or
(d)an NHS trust.
(5)The Secretary of State shall exercise the power conferred by this paragraph so as to secure that all relevant health authority employees are dealt with in exercise of the power.
(6)A scheme may be made under this paragraph only if sub-paragraph (7) is satisfied in relation to each of the employees to be designated by the scheme.
(7)This sub-paragraph is satisfied in relation to an employee if—
(a)the employee, or such body as the Secretary of State may recognise as representing the employee, has been consulted about the scheme by the Secretary of State, or
(b)the Secretary of State is satisfied that the employee, or such body as the authority from which the employee would be transferred by the scheme may recognise as representing the employee, has been consulted about the scheme by that authority.