EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations concern the transfer of certain persons employed by Public Health England (an executive agency of the Department for Health and Social Care) to either the National Health Service Commissioning Board or the Health and Social Care Information Centre. The transfers are a consequence of the abolition of Public Health England.
The Regulations provide that the employees will be treated in a similar way to employees to whom the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply (“the TUPE Regulations”). In particular: regulation 3 provides for the effect on contracts of employment, similar to the provision made by regulation 4 of the TUPE Regulations; regulation 4 makes the same provision in relation to pensions as regulation 10 of the TUPE Regulations; and regulation 5 ensures a transfer is treated as a relevant transfer for the purposes of regulations 11 to 16 of the TUPE Regulations (which make provision about notification of liability information to the transferee and about informing and consulting staff representatives).
A full Impact Assessment has not been produced for this instrument as no impact on the private sector or civil society organisations is foreseen.