Explanatory Notes

Forth Road Bridge Act 2013

2013 asp 8

28 June 2013

Background to the Act

3.This Act paves the way for the Scottish Government to contract a single bridge operating company to carry out the management and maintenance of –

4.In order to contract out the functions of managing and maintaining the FRB, the Scottish Government must take those functions from the Forth Estuary Transport Authority (FETA) (the statutory body which presently fulfils the functions). Accordingly, the Act –

5.Rather than transfer FETA’s employees to the Scottish Government, only for them to be transferred to the contracted bridge operating company, the Act transfers FETA’s employees directly into the employment of the bridge operating company and ensures the Transfer of Undertakings (Protection of Employment) Regulations 2006(1) (the TUPE regulations) apply to the transfer.