Explanatory note

These Regulations make amendments consequential to the coming into force of the Transfer of Undertakings (Protection of Employment) Regulations 2006. These Regulations replace references to the Transfer of Undertakings (Protection of Employment) Regulations 1981 with the appropriate references to the Transfer of Undertakings (Protection of Employment) Regulations 2006 in the Information and Consultation of Employees Regulations 2004, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and the ACAS Arbitration Scheme (Great Britain) Order 2004.

These Regulations apply to Great Britain only. To the extent that the Regulations implement Council Directive 2001/23/EC on the approximation of the law relating to business transfers (OJ L82, 22.03.2001, p.16), they are made under section 2(2) of the European Communities Act 1972. To the extent that they relate to the treatment of employees, and related matters, in relation to a service provision change (as defined in the Transfer of Undertakings (Protection of Employment) Regulations 2006) in circumstances other than those to which the Directive applies, they are made under section 38 of the Employment Relations Act 1999.