Clause 16 - Transfer of property, &c.
National Lottery Bill
11:15 am
Richard Caborn (Minister of State (Sport), Department for Culture, Media & Sport; Sheffield Central, Labour)
It seems to me that amendment No. 103 seeks to ensure that any directions given under new section 36E do not affect the Transfer of Undertakings (Protection of Employment) Regulations 1981—more commonly referred to as TUPE. Presumably, the concern is that the financial directions under section 36E(3) relating to the employment of staff may affect the application of TUPE. If that is correct, I am happy to tell the hon. Gentleman that the amendment is unnecessary, as directions cannot affect the operation of any legislation including TUPE.
Whether TUPE applies to a particular transfer is a matter of law depending on the precise circumstances. However, whether it applies or not, Government policy on transfers within the public sector is that all employee rights will transfer to the new body. That is set out in the Cabinet Office’s statement of practice on staff transfers in the public sector. I hope that this explanation provides the hon. Gentleman with the assurance that he seeks, and that he will withdraw the amendment.