(This note is not part of the Regulations)
These Regulations make amendments consequential to the coming into operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “2006 TUPE Regulations”) and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (the “SPC Regulations”). These Regulations replace references to the Transfer of Undertakings (Protection of Employment) Regulations 1981 (the “1981 TUPE Regulations”) with the appropriate references to both the 2006 TUPE Regulations and the SPC Regulations in the Pensions (Northern Ireland) Order 2005, the Information and Consultation of Employees Regulations (Northern Ireland) 2005, the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 and the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002.
The 2006 TUPE Regulations make provision, in respect of Great Britain and Northern Ireland, for the treatment of employees, and related matters on the transfer of a business or undertaking while the SPC Regulations make corresponding provision related to service provision change in Northern Ireland. The 2006 TUPE Regulations and the SPC Regulations replace the previous 1981 TUPE Regulations, and the SPC Regulations widen the scope to cover cases where services are outsourced, insourced or assigned by a client to a new contractor (described as “service provision changes”).
These Regulations apply to Northern Ireland only. To the extent that the Regulations implement Council Directive 2001/23/EC on the approximation of the law relating to business transfers (OJ L82, 22.03.2001, p.16), they are made under section 2(2) of the European Communities Act 1972. To the extent that they relate to the treatment of employees, and related matters, in relation to a service provision change (as defined in the SPC Regulations) in circumstances other than those to which the Directive applies, they are made under Article 37 of the Employment Relations (Northern Ireland) Order 1999.
These Regulations also correct two minor errors within the SPC Regulations.