PART 6MISCELLANEOUS AND GENERAL
Transfer of undertakings
37Application of TUPE
(1)
Regulations must make provision for circumstances in which a relevant transfer is to be treated (to the extent that this would not otherwise be the case) as taking place for the purposes of TUPE, upon—
(a)
a local bus service contract being entered into under section 10, or terminated or varied, whether under the terms of the contract or otherwise;
(b)
a local bus service permit being granted under section 12, or revoked or varied, or ceasing to have effect by virtue of the expiry of the period specified under section 13(1);
(c)
the Welsh Ministers undertaking the provision of a local bus service under section 18, or ceasing to provide such a service.
(2)
Regulations that make provision under subsection (1) for circumstances in which a relevant transfer is to be treated as taking place for the purposes of TUPE—
(a)
must also make provision for that relevant transfer to be treated as being a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004, and any regulations made under section 258 of that Act;
(b)
may make further provision in connection with the application of TUPE in respect of the relevant transfer.
(3)
In this section—
(a)
references to TUPE are to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
(b)
references to a “relevant transfer” are references to a relevant transfer within the meaning given to that term in those Regulations.