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The Transfer of Undertakings (Protection of Employment) (Consequential Amendments) Regulations 2006

S.I. 2006/2405 · Made 6 September 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TERMS AND CONDITIONS OF EMPLOYMENT

Made 6th September 2006

Laid before Parliament 8th September 2006

Coming into force 1st October 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1 (being a Minister designated for the purposes of that section in relation to rights and obligations relating to employers and employees on the transfer or merger of undertakings, businesses or parts of businessesf2) and section 38 of the Employment Relations Act 1999f3.

Annotations to the whole text

Footnotes

f1

1972 c.68.

f2

See the European Communities (Designation) (No.2) Order 1977 (S.I. 1977/1718).

f3

1999 c.26.

Contents

  1. 1Citation, commencement and extent
  2. 2Consequential Amendments
  3. 3Consequential Amendments
  4. 4Consequential Amendments
  5. 5Consequential Amendments
  6. Signature
  7. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Consequential Amendments) Regulations 2006.

(2)

These Regulations shall come into force on 1 October 2006.

(3)

These Regulations extend to Great Britain only.

2Consequential Amendments

In regulation 20 of the Information and Consultation of Employees Regulations 2004f1 for “regulations 10 to 12 of the Transfer of Undertakings (Protection of Employment) Regulations 1981” in paragraph (1)(c)(ii) there shall be substituted “regulations 13 to 16 of the Transfer of Undertakings (Protection of Employment) Regulations 2006” and for “regulation 10” in paragraph (5)(b) there shall be substituted “regulation 13”.

3Consequential Amendments

In paragraph 22(5)(d) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004f1 for “regulation 11(5) of the Transfer of Undertakings (Protection of Employment) Regulations 1981” there shall be substituted “regulation 15(10) of the Transfer of Undertakings (Protection of Employment) Regulations 2006”.

4Consequential Amendments

In paragraph 147(v) and (vi) of the schedule of the ACAS Arbitration Scheme (Great Britain) Order 2004f1 for “regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981” there shall be substituted “regulations 13, 15 and 16 of the Transfer of Undertakings (Protection of Employment) Regulations 2006”.

5Consequential Amendments

Regulations 3 and 4 shall not apply where the Transfer of Undertakings (Protection of Employment) Regulations 1981f1 continue to have application by virtue of regulation 21 of the Transfer of Undertakings (Protection of Employment) Regulations 2006f2.

Signature

Margaret Hodge

Minister of State for Industry and the Regions

Department of Trade and Industry

6th September 2006

Explanatory note

(This note is not part of the Regulations)

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.