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Severn Bridges Act 1992

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This is the original version (as it was originally enacted).

19Termination of concession agreement

(1)Where the concession agreement terminates, there shall be transferred to the Secretary of State under this subsection all property, rights and liabilities of the concessionaire which, in accordance with the concession agreement, fall to be so transferred in the circumstances (not including any rights or liabilities relating to any person’s employment).

(2)There shall also be treated as made by the concessionaire to the Secretary of State on the termination a transfer of an undertaking, to which the [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply, in which all the persons specified in subsection (3) below are employed.

(3)The persons referred to in subsection (2) above are persons—

(a)who immediately before the termination are employed by the concessionaire in connection with the collection of tolls or the exercise of relevant functions, and

(b)whose only or main place of work in that employment immediately before the termination is at the bridges or toll plaza areas.

(4)All rights and liabilities of the concessionaire under any agreement or arrangement for the payment of pensions, allowances or gratuities to or in respect of—

(a)persons to whom subsection (2) above applies, or

(b)persons specified in subsection (5) below,

shall be transferred to the Secretary of State under this subsection on the termination.

(5)The persons referred to in subsection (4)(b) above are persons—

(a)who have ceased to be employed by the concessionaire before the termination but immediately before so ceasing were employed by him in connection with the collection of tolls or the exercise of relevant functions, and

(b)whose only or main place of work in that employment was at the bridges or toll plaza areas.

(6)All property, rights and liabilities transferred under or by virtue of this section shall vest in the Secretary of State.

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