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

Allocation arrangements

29.—(1) After making a franchising framework the local transport authority must consult—

(a) relevant operators, and

(b) appropriate representatives of relevant employees,

about the proposed allocation arrangements.

(2) The allocation arrangements must—

(a) identify organised groupings of relevant employees, or classes of relevant employees within such organised groupings, and

(b) identify for each organised grouping of relevant employees or, as the case may be, class of relevant employees within such organised groupings, the franchise agreement to which each organised grouping or class of relevant employees is to be assigned.

(3) After the end of the consultation required under paragraph (1), the local transport authority must publish details about the allocation arrangements made in accordance with this article and notify—

(a) relevant operators, and

(b) appropriate representatives of relevant employees.

(4) For the purposes of this article a class of relevant employees is to be defined with reference to one or more of—

(a) the identity of the relevant operators by whom relevant employees are employed,

(b) the organised grouping to which the relevant employees belong,

(c) any identifiable sub-groups to which the relevant employees belong, in a case where the organised grouping is divided into sub-groups by the relevant operator for the purpose of organising the responsibilities of relevant employees, and

(d) the characteristics of the work undertaken by relevant employees when working for a relevant employer, including in particular—

(i) the nature of the duties undertaken, and

(ii) the times and the places at which those duties are normally undertaken.