SCHEDULES
SCHEDULE 2Abolition of magistrates' courts committees: transfers
Part 2Staff transfers
Application of TUPE
11
For the purposes of TUPE—
a
the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and
b
each such transfer is to be treated as the transfer of an undertaking.
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.
13
A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.