5(1)Section 21(2) shall operate in relation to rights and liabilities—E+W+S
(a)whether or not they would otherwise be capable of being transferred by the Board, and
(b)without any instrument or other formality being required.
(2)In so far as section 21(2) transfers to the Commission liabilities under contracts of employment nothing in that section or this Schedule shall affect the operation of—
(a)the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or
(b)regulations under section 38 of the Employment Relations Act 1999 (c. 26) (replication of the TUPE regulations).
Commencement Information
I1Sch. 5 para. 5 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)