Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

Schedules

Schedule 7 E+W Learning and Skills Council for England: transfer schemes

Staff transfer schemes E+W

2 (1) This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state. E+W

(2) The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—

(a) any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;

(b) the transfer of the undertaking took effect on a designated date;

(c) the transfer of the undertaking were a relevant transfer for the purposes of the regulations;

(d) the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.

Commencement Information

I1 Sch. 7 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)