HC Deb 09 December 1992 vol 215 cc711-2W
Mr. Wilshire

To ask the Minister of Agriculture, Fisheries and Food to which of those of his Department's activities due to be market-tested by 30 September 1993 the Transfer of Undertakings (Protection of Employment) Regulations 1981 and the EC Acquired Rights Directive 77/189/EEC will apply.

Mr. Curry

Whether or not the Transfer of Undertakings (Protection of Employment) Regulations 1981 and the EC Acquired Rights Directive 77/189/EEC will apply to an individual case depends on the facts of that case; and there are a number of tests to be applied. For example, it needs to be shown that an undertaking or part of an undertaking is actually being transferred.

We are seeking the advice of our legal advisers about the relevance of TUPE on a case by case basis.

Mr. Wilshire

To ask the Minister of Agriculture, Fisheries and Food if he will publish a timetable showing when he plans to market test those activities listed for testing before 30 September 1993.

Mr. Curry

The timetable set for market testing the Departmental activities listed in the citizens charter first report: 1992 (CM 2101) requires the whole programme to be completed by 30 September 1993.

Planning is well under way on individual market tests and it is anticipated that the first invitations to tender will be issued early in 1993.