Application of TUPE
12(1)For the purposes of TUPE—
(a)the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,
(b)each such transfer is to be treated as the transfer of an undertaking, and
(c)each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.
(2)A person falls within this sub-paragraph if—
(a)immediately before the appointed day he is employed by the responsible authority under a contract of employment,
(b)he spends a substantial part of his time on duties connected with the relevant functions of the authority, and
(c)the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor’s employment.
(3)Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.