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Local Government and Planning (Scotland) Act 1982
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- UK Public General Acts
- 1982 c. 43
- Part II
- Section 33
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Version Superseded: 01/04/1996
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33 Consequential transfer of officers of local authorities.S
(1)Where, in the period immediately before the coming into force of a provision of this Act, an officer of a local authority (that authority being in this section referred to as the first local authority) is wholly or mainly employed in duties pertaining, irrespective of how his office or employment is formally described, to a specific function of the authority but under or by virtue of that provision either—
(a)the function ceases to be a function of the first local authority and becomes instead one of a different local authority (in this section referred to as the second local authority); or
(b)the powers and duties of the two local authorities as regards the function are re-allocated so that the second local authority come to have the principal responsibility (within their own area) for that function,
the officer shall be transferred into the employment of the second local authority:
Provided that, as regards any transfer in respect of which the first local authority is a regional council and the second local authority might be any of the district councils in the region, the authority which is to be the second local authority shall be determined jointly by the regional council and district councils; but they shall take into consideration any preference expressed by the officer concerned.
(2)The Secretary of State shall under this subsection issue a code of recommended practice as to transfers under subsection (1) above; and a local authority shall, as regards each such transfer, conform to that code unless, or in so far as, the officer, they and the first (or as the case may be the second) local authority all agree otherwise.
(3)Before issuing a code under subsection (2) above, the Secretary of State shall consult—
(a)any association of local authorities which appears to him to represent the interests of local authorities in Scotland; and
(b)any body which appears to him both to represent the interests of officers of local authorities in Scotland and to be a body with whom consultation is desirable.
(4)A dispute between or among local authorities as regards when or whether a transfer falls to take place under subsection (1) above, as to which of two or more district councils are to be the second local authority in relation to any such transfer, or as to any other matter concerning any such transfer, shall be resolved by arbitration under this subsection.
(5)Except in so far as is manifest from the foregoing provisions of this section, nothing in those provisions or in any code issued under subsection (2) above shall affect any legal right or entitlement of an officer of a local authority.
(6)In the foregoing provisions of this section “local authority” includes a river purification board established under section 135 of the M11973 Act.
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