OpenLegislation

Regulation 7 Staffing

Original text. Later amendments are not shown.

(1)

Notwithstanding regulation 3(5) of the TUPE Regulations, the transfer of port health authority functions by or in consequence of a structural change made by a section 7 order—

(a)

from a predecessor council to a single tier council; or

(b)

from a joint board to a single tier council,

shall be treated for all purposes as a relevant transfer within the meaning of the TUPE Regulations, whether or not, apart from this provision, those Regulations would otherwise apply.

(2)

In this regulation—

  • “joint board” means a board constituted as a port health authority under section 2 of the Public Health (Control of Disease) Act 1984f1 or section 2 of the Public Health Act 1936f2;

  • “port health authority functions” means any functions exercised by a local authority or by a joint board by virtue of being constituted as a port health authority under those Acts; and

  • “the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006f3.

Annotations

Footnotes

f1

1984 c.22.

f2

1936 c.49. Section 2 of the Public Health Act 1936 was repealed by section 78 of, and Schedule 3 to, the Public Health (Control of Diseases) Act 1984, but with savings for orders made under that section (see section 77 of, and paragraph 2 of Schedule 1 to, the Public Health (Control of Diseases) Act 1984).

f3

S.I. 2006/246.