7.—(1) Notwithstanding regulation 3(5) of the TUPE Regulations, the transfer of port health authority functions by or in consequence of a structural change made by a section 7 order—
(a)from a predecessor council to a single tier council; or
(b)from a joint board to a single tier council,
shall be treated for all purposes as a relevant transfer within the meaning of the TUPE Regulations, whether or not, apart from this provision, those Regulations would otherwise apply.
(2) In this regulation—
“joint board” means a board constituted as a port health authority under section 2 of the Public Health (Control of Disease) Act 1984(1) or section 2 of the Public Health Act 1936(2);
“port health authority functions” means any functions exercised by a local authority or by a joint board by virtue of being constituted as a port health authority under those Acts; and
“the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006(3).
1936 c.49. Section 2 of the Public Health Act 1936 was repealed by section 78 of, and Schedule 3 to, the Public Health (Control of Diseases) Act 1984, but with savings for orders made under that section (see section 77 of, and paragraph 2 of Schedule 1 to, the Public Health (Control of Diseases) Act 1984).