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.