10(1)The [F12006 regulations] apply to a transfer of an undertaking [F2or business] or part of an undertaking [F2or business]—U.K.
(a)in accordance with a nuclear transfer scheme, or
(b)in accordance with a modification agreement,
as if (in so far as that would not otherwise be the case) the references in those regulations to the transferor were references to the person in whom [F3that undertaking or business or that part of an undertaking or business] was vested immediately before the coming into force of the transfer.
[F4(1A)The 2006 regulations apply to a service provision change—
(a)in accordance with a nuclear transfer scheme, or
(b)in accordance with a modification agreement,
as if (in so far as that would not otherwise be the case) the references in those regulations to the transferor were references to the person by whom the activities affected by the service provision change were carried out immediately before the coming into force of the service provision change.]
(2)It shall be the duty of the Secretary of State, before—
(a)making a nuclear transfer scheme, or
(b)approving a modification agreement,
to give such notice of his proposals to such persons as he considers appropriate for enabling the provisions of the [F52006 regulations] applicable to a transfer [F6(or service provision change)] in accordance with the scheme or agreement to be complied with by the transferor.
(3)In sub-paragraph (2) “the transferor”, in relation to a transfer [F7(or service provision change)], means the person who is the transferor in relation to that transfer [F7(or service provision change)] for the purposes of the [F82006 regulations].
(4)In this paragraph—
“the 1981 regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794);
[F9references to a service provision change are references to a service provision change falling within regulation 3(1)(b) of the 2006 regulations.]
Textual Amendments
F1Words in Sch. 5 para. 10(1) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(2)
F2Words in Sch. 5 para. 10(1) inserted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(3)(a)
F3Words in Sch. 5 para. 10(1) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(3)(b)
F4Sch. 5 para. 10(1A) inserted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(4)
F5Words in Sch. 5 para. 10(2) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(2)
F6Words in Sch. 5 para. 10(2) inserted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(5)
F7Words in Sch. 5 para. 10(3) inserted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(6)
F8Words in Sch. 5 para. 10(3) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(2)
F9Words in Sch. 5 para. 10(4) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 14(7)
Commencement Information
I1Sch. 5 para. 10 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1