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27.—(1) The Transfer of Undertakings (Protection of Employment) Regulations 2006(1) (the “transfer regulations”) and sections 257 and 258 of the Pensions Act 2004(2) shall apply upon the second transfer on the basis that any individual other than a director of Bradford & Bingley who is employed by a relevant undertaking and—
(a)whose work relates wholly or mainly to—
(i)the retail deposit business of Bradford and Bingley; or
(ii)any property, rights or liabilities transferred to Abbey by article 16(1)(b) or (d); or
(b)whose normal place of work is any real property transferred by article 16(1)(b),
is assigned to the organised grouping of resources or employees that is subject to the relevant transfer.
(2) Paragraph (1) is without prejudice to the application of the transfer regulations or sections 257 and 258 of the Pensions Act 2004 in respect of any individual not referred to in that paragraph.
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