The Quality Contracts Schemes (Application of TUPE) Regulations 2009

Additional provisions where situation in section 134B(2) arises

9.—(1) This regulation applies if—

(a) at any time after a scheme is made but before the scheme or (in the case of a scheme which provides for different provisions to come into operation on different dates) the relevant provision of the scheme comes into force, an application is made to the traffic commissioner for the cancellation or variation of a registration made under section 6 of the 1985 Act with respect to services which are affected local services;

(b) the effect of the application described in sub-paragraph (a) is that affected local services would cease to be provided before the coming into force of the quality contract under which services similar to, or the same as, those which are to cease to be provided would in future be provided (“the relevant quality contract”); and

(c) the authority or authorities who made the scheme propose to enter into an agreement with a person, by reason of the cessation of local services described in sub-paragraph (b), to provide replacement local services in the period between the cessation of those services and the coming into force of the relevant quality contract.

(2) As soon as reasonably practicable after the authority or authorities have received a copy of the application(1) described in paragraph (1)(a), the authority or authorities who made the scheme must consult—

(a) relevant operators, and

(b) appropriate representatives of relevant employees,

about the revised allocation arrangements which the authority or authorities propose to make in respect of an organised grouping of relevant employees, or classes of relevant employees within such an organised grouping, affected by the circumstances described in this regulation.

(3) The authority or authorities who made the scheme must finalise and publish the revised allocation arrangements before—

(a) issuing invitations to tender in accordance with section 89(1) of the 1985 Act (obligation to invite tenders for subsidised services), or

(b) entering into an agreement by virtue of section 91(2) of the 1985 Act,

to operate replacement local services.

(4) For the purposes of this regulation “revised allocation arrangements” means allocation arrangements described in regulation 8 revised to take account of the circumstances described in paragraph (1).

(1)

By virtue of regulation 3(4) of the Public Service Vehicles (Registration of Local Services) Regulations 1986 (S.I. 1986/1671), the person making such an application is required to deliver a copy to any authority within whose area there are stopping places for the service. There are amendments to these Regulations but none is relevant.