The Quality Contracts Schemes (Application of TUPE) Regulations 2009

Allocation arrangements

8.—(1) A scheme made by an authority or authorities must describe allocation arrangements in accordance with this regulation.

(2) The allocation arrangements must—

(a) identify organised groupings of relevant employees, or classes of relevant employees within such organised groupings; and

(b) identify for each organised grouping of relevant employees or, as the case may be, class of relevant employees within such organised groupings, the quality contract to which each organised grouping or class of relevant employees is to be assigned.

(3) Having given notice under section 125(1) of the Act of a proposal to make a scheme the authority or authorities must consult—

(a) relevant operators, and

(b) appropriate representatives of relevant employees,

about the proposed allocation arrangements.

(4) A proposed scheme sent to a QCS board in accordance with section 126C(5)(b) of the Act must describe the proposed allocation arrangements.

(5) For the purposes of this regulation a class of relevant employees is to be defined with reference to one or more of—

(a) the identity of the relevant operators by whom relevant employees are employed;

(b) the organised grouping to which the relevant employees belong;

(c) any identifiable sub-groups to which the relevant employees belong, in a case where the organised grouping is divided into sub-groups by the relevant operator for the purpose of organising the responsibilities of relevant employees;

(d) the characteristics of the work undertaken by relevant employees when working for a relevant employer, including in particular—

(i) the nature of the duties undertaken;

(ii) the times and the places at which those duties are normally undertaken.