PART 4PORT HEALTH AUTHORITIES

Staffing7

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 198412 or section 2 of the Public Health Act 193613;

  • “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 200614.