Statutory Instrument 1994 No. 2958 (S.148)

The Local Government Staff Commission (Scotland) Order 1994

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© Crown Copyright 1994

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1994 No. 2958 (S.148)

LOCAL GOVERNMENT, SCOTLAND

The Local Government Staff Commission (Scotland) Order 1994

The Secretary of State, in exercise of the powers conferred on him by section 12(1), (2) and (3) (and section 12 as applied by section 137(1)) of the Local Government etc. (Scotland) Act 1994^[1], and of all other powers enabling him in that behalf, and after carrying out such consultation as he thinks fit, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Local Government Staff Commission (Scotland) Order 1994 and shall come into force on 25th November 1994.

    (2)  In this Order, "the Act" means the Local Government etc. (Scotland) Act 1994.

Establishment of Staff Commission
    2.—(1)  A Staff Commission, to be known as the "Local Government Staff Commission (Scotland)" (in this Order referred to as the "Staff Commission") is hereby established for the purpose of carrying out-
 (a) the functions specified in paragraph (2) below;
 (b) the functions consequently conferred upon it by section 97(6) of the Act; and
 (c) the functions specified in paragraph (2) below, with the modifications to that paragraph specified in paragraph (3) below, being functions of the Staff Commission relating to the transfer to the Scottish Children's Reporter Administration of officers appointed under subsection (1) of section 36 of the Social Work (Scotland) Act 1968^[2] and staff provided in pursuance of subsection (6) of that section.

    (2)  The functions specified in this paragraph are-
 (a) considering and keeping under review the arrangements for the recruitment of staff by new authorities (within the meaning of section 12(8) of the Act) and for the transfer in consequence of the Act or of any instrument made under it of staff employed by existing local authorities (within the meaning of section 12(8) of the Act) which cease to exist by virtue of Chapter I of Part I of the Act;
 (b) considering such staffing problems arising out of, in consequence of or in connection with any provision of or instrument made under the Act as may be referred to them by the Secretary of State or by any authority (within the meaning of section 12(8) of the Act);
 (c) advising the Secretary of State as to the steps necessary to safeguard the interests of such staff; and
 (d) advising such authorities, either by the Staff Commission or by persons nominated by them.

    (3)  The modifications to paragraph (2) above for the purposes of paragraph (1)(c) above are-
 (a) references to an existing local authority shall include references to an islands council and references to a new authority shall be construed as references to the Scottish Children's Reporter Administration; and
 (b) the reference in paragraph (2)(a) above to authorities which cease to exist by virtue of Chapter I of Part I of the Act shall include a reference to authorities which cease to have functions under section 36(1) and (6) of the said 1968 Act.

    (4)  The Schedule to this Order shall have effect with respect to the constitution and membership, the appointment and removal from office of the chairman and members, the employment of staff and the remuneration and superannuation of members and staff of the Staff Commission established by paragraph (1) above.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

22nd November 1994

[1] 1994 c. 39. back

[2] 1968 c. 49; section 36(1) was repealed in part by the Local Government (Scotland) Act 1973 (c. 65), Schedule 27, paragraph 185(a) and Schedule 29. back

Explanatory Note