The Quality Contracts Schemes (Application of TUPE) Regulations 2009

Request for information by authority before scheme made

5.—(1) This regulation applies to the period between—

(a) the date on which an authority or authorities give notice under section 125(1) of the Act (consultation and notice requirements) of a proposal to make a scheme; and

(b) the date on which the authority or authorities make the scheme under section 127 of the Act (making of scheme).

(2) At any time during the period described in paragraph (1) the authority or authorities may issue a request to a relevant operator for such relevant information about relevant employees as may be specified by the authority or authorities.

(3) A request made by virtue of paragraph (2)—

(a) must specify the date by which the relevant operator is to respond to the request, which must be not less than 42 days beginning with the date on which the request is issued;

(b) must contain sufficient information about the proposed scheme to enable a relevant operator to determine which of their employees would be relevant employees for the purposes of that request;

(c) must only request such information as the authority or authorities consider necessary in order to carry out their functions in relation to the proposed scheme; and

(d) must not include a request for personal data, except to the extent that such a request is for information about the identity of appropriate representatives.

(4) If a relevant operator in receipt of a request for information made by virtue of paragraph (2) is of the opinion that the requirement specified in paragraph (3)(b) has not been satisfied, the relevant operator must—

(a) notify the authority or authorities of that opinion within 14 days of receipt of the request made by virtue of paragraph (2); and

(b) describe the information which, in the opinion of the relevant operator, is required in order to satisfy the requirement in paragraph (3)(b).

(5) If the authority or authorities receive a notice in accordance with paragraph (4)(a) the authority or authorities must—

(a) supply to the relevant operator such information as seems to the authority or authorities to be necessary, taking into account the description of information supplied in accordance with paragraph (4)(b), in order to enable the relevant operator to respond to the request made by virtue of paragraph (2); and

(b) specify a revised date by which the relevant operator is to respond to the request made by virtue of paragraph (2), which must be not less than 42 days beginning with the date on which the information described in sub-paragraph (a) is received by the relevant operator.