§ Mr. WilsonTo ask the Secretary of State for Scotland (1) what plans he has to amend the advice offered by his Department on 1 December 1992 to Ayrshire and Arran health board in connection with the Transfer of Undertakings (Protection of Employment) Regulations 1981;
(2) what advice he has given to health boards on the effect of the Transfer of Undertakings (Protection of Employment) Regulations 1981 in relation to the transfer of services to opt-out trusts.
§ Mr. Stewart[holding answer 5 March 1993]: Advice was given on 1 December by the central legal office for the national health service in Scotland, which is a division of the Common Services Agency. That advice was given to Ayrshire and Arran health board and was intended to offer general guidance in relation to the regulations.
The National Health Service Act (Scotland) 1978, as amended, makes express provision in relation to the transfer of health board staff to NHS trust on existing terms and conditions of their employment.