The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

Interpretation

23.—(1) In this Part—

“affected local services” means local services which, during the period of operation of the franchising framework(1), the relevant operator would be required by virtue of section 13B(1)(b) or (3) of the 2001 Act(2) (effects of franchising framework) to cease providing,

“personal data” has the same meaning as in section 3(2) of the Data Protection Act 2018(3) (terms relating to the processing of personal data),

“principally connected” has the meaning determined under article 25,

“relevant employee” means an employee whose employment with a relevant operator is principally connected with the provision of affected local services,

“relevant information” has the meaning given in article 26,

“relevant operator” means an operator of affected local services,

“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006(4),

“transferring employee” means an employee of a relevant operator whose contract of employment becomes, under the operation of this Part, a contract of employment with a new operator,

“working time”, in relation to an employee, means any period during which an employee is working at the disposal of the employee’s employer and is carrying out the activities or duties assigned by the employer, but does not include any period during which the employee is undertaking any work experience or training for employment provided in accordance with a training course or programme.

(2) The following expressions have the meaning given in TUPE(5)—

(a) “assigned”,

(b) “appropriate representatives”, and

(c) “employee”.

(3) Where two or more local transport authorities have acted jointly to make a franchising framework, a reference to a local transport authority is to be read as a reference to the authorities acting jointly.

(1)

See section 13A, with section 82(1), of the Transport (Scotland) Act 2001 (asp 2) for the meaning of “franchising framework”. Section 13A was inserted by the Transport (Scotland) Act 2019 (asp 17), section 38. Section 82(1) was relevantly amended by the Transport (Scotland) Act 2019, the schedule, paragraph 3(9)(a)(i).

(2)

2001 asp 2. Section 13B was inserted by the Transport (Scotland) Act 2019 (asp 17), section 38.

(3)

2018 c. 12. Section 3 has been amended for purposes which are not relevant to this Order.

(4)

S.I. 2006/246.

(5)

See regulation 2(1) of S.I. 2006/246 for the meanings of “assigned” and “employee”. See regulation 13(3) of S.I. 2006/246 for the definition of “appropriate representatives”.