Interpretation2
1
In these Regulations—
“the Act” means the Transport Act 2000;
“the 1985 Act” means the Transport Act 19853;
“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 20064;
“affected local services” means local services5 which, on the coming into force of a quality contract6, 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)7 to cease providing;
“authority” means a local transport authority8;
“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;
- a
“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 Act9 (registration of local services), or
- b
who is eligible under section 6(4) of the 1985 Act10 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;
- a
“scheme” means a quality contracts scheme11; 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 TUPE12—
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 197113.