The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1987

Statutory Instruments

1987 No. 442

TERMS AND CONDITIONS OF EMPLOYMENT

The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1987

Made

17th March 1987

Laid before Parliament

27th March 1987

Coming into force

24th April 1987

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to rights and obligations relating to employers and employees on the transfer or merger of undertakings, businesses or parts of businesses(2), in exercise of the powers conferred by that section, hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1987 and shall come into force on 24th April 1987.

Amendment

2.  In regulation 4 of the Transfer of Undertakings (Protection of Employment) Regulations 1981(3), in paragraph (1), after the word "company" where it first appears, there shall be inserted the words "or the administrator of a company appointed under Part II of the Insolvency Act 1986"(4).

Signed by order of the Secretary of State

K. Clarke

Paymaster General

17th March 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 24th April 1987, amend regulation 4(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981 so that it applies where the administrator of a company transfers the company`s undertaking to a wholly owned subsidiary, as it applies where such a transfer is made by the receiver or, in the case of a creditors` voluntary winding up, the liquidator. They implement Council Directive No. 77/187/EEC in the light of Part II of the Insolvency Act 1986 (c. 45), which makes provision in respect of administration orders.

(1)

1972 c. 68.

(2)

The European Communities (Designation) (No. 2) Order 1977 (S.I. 1977/1718).

(3)

S.I. 1981/1794.

(4)

1986 c. 45.