1E+WThe Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—
(a)to a permitted transferee, or
(b)so as to become employed in the civil service of the state.
Commencement Information
I1Sch. 7 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
2(1)This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.E+W
(2)The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—
(a)any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;
(b)the transfer of the undertaking took effect on a designated date;
(c)the transfer of the undertaking were a relevant transfer for the purposes of the regulations;
(d)the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.
Commencement Information
I2Sch. 7 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
3(1)This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.E+W
(2)The scheme must provide for the TUPE regulations to apply with the necessary modifications.
Commencement Information
I3Sch. 7 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)
4E+WA staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.
Commencement Information
I4Sch. 7 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)