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If the SPS lost the bid, it is possible that staff could be transferred under the Transfer of Undertakings (Protection of Employment) Regulations 1981.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2002 (draft) The first draft order provides for the executive devolution of powers to provide financial assistance for shipping services between the Highlands and Islands of Scotland and Northern Ireland.
The purpose of the order is to complete the transfer of all outstanding assets and liabilities from Scottish Homes to the Scottish ministers, as described in part 4 of the Housing (Scotland) Act 2001.