The Quality Contracts Schemes (Application of TUPE) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the Act” means the Transport Act 2000;

“the 1985 Act” means the Transport Act 1985(1);

“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006(2);

“affected local services” means local services(3) which, on the coming into force of a quality contract(4), the relevant operator would be required by virtue of section 129(1)(b) of the Act (prohibition on provision of local services other than under a quality contract)(5) to cease providing;

“authority” means a local transport authority(6);

“personal data” means data which relate to a living individual who can be identified—

(a)

from those data; or

(b)

from those data and other information which is in the possession of, or is likely to come into the possession of, the local transport authority or authorities;

“principally connected” has the meaning given in regulation 3;

“relevant employee” means an employee whose employment with a relevant operator is principally connected with the provision of affected local services;

“relevant information” has the meaning given in regulation 4;

“relevant operator” means an operator—

(a)

who is operating one or more local services in accordance with particulars registered under section 6 of the 1985 Act(7) (registration of local services), or

(b)

who is eligible under section 6(4) of the 1985 Act(8) to have an application for registration accepted, and has made such an application to the traffic commissioner to register the particulars of one or more local services,

and the local services to which the registration or, as the case may be, application relates have one or more stopping places in the area to which the scheme, or the proposed scheme, relates;

“scheme” means a quality contracts scheme(9); and

“working time”, in relation to an employee, means any period during which an employee is working at the disposal of the employee’s employer and is carrying out the activities or duties assigned by the employer, but does not include any period during which the employee is receiving relevant training, and “relevant training” means any work experience or training for employment provided in accordance with a training course or programme.

(2) The following expressions have the meaning given in TUPE(10)—

(a) assigned;

(b) appropriate representatives; and

(c) employee.

(3) Any period of days prescribed in these Regulations is to be calculated excluding any day which is Christmas Day, Good Friday, or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(11).

(1)

1985 c. 67.

(2)

S.I. 2006/246. Regulation 11 and paragraph 10(2) of Schedule 1 are amended by S.I. 2009/592, regulation 2. There are other amendments to these Regulations but none is relevant.

(3)

By virtue of section 162(3) of the Transport Act 2000, the term “local service” has the meaning given in section 2 of the Transport Act 1985.

(4)

By virtue of section 162(1) of the Transport Act 2000, the term “quality contract” has the meaning given in section 124(4) of that Act.

(5)

Section 129(1)(b) is amended by section 29(1) and (2) of the Local Transport Act 2008.

(6)

By virtue of section 162(1) of the Transport Act 2000, the term “local transport authority” has the meaning given in section 108(4) of that Act. Section 108(4) is amended by the Local Transport Act 2008, section 77(5) and Schedule 4, Part 3, paragraphs 41 and 42.

(7)

Section 6 of the Transport Act 1985 has been amended by the Railways Act 2005 (c. 14), section 59(1) and Schedule 12, paragraph 8; the Education and Inspections Act 2006 (c. 40), section 85 and Schedule 10, paragraphs 2(1) to (3); the Local Transport Act 2008, sections 48(1) and (2), 49(1) to (4) and 65(2) to (4). There are other amendments but none is relevant.

(8)

Section 6(4) of the Transport Act 1985 provides that an application to register a local service may only be accepted from a person who holds an unconditional public service vehicle operator’s licence issued under the Public Passenger Vehicles Act 1981 (c. 14), a permit granted under section 22 of the Transport Act 1985 (community bus permits), or is proposing to use a school bus for the carriage of fare-paying passengers in accordance with section 46(1) of the Public Passenger Vehicles Act 1981.

(9)

By virtue of section 162(1) of the Transport Act 2000, the term “quality contracts scheme” is to be construed in accordance with section 124(3) of that Act. This definition was amended by section 19(1) and (4) of the Local Transport Act 2008.

(10)

Regulation 2 of TUPE contains definitions of the terms “assigned” and “employee”, and the definition of “appropriate representatives” is contained in regulation 13(3) of TUPE.

(11)

1971 c. 80.