§ Mr. WilshireTo ask the Secretary of State for Northern Ireland if he will publish a timetable showing when he plans to market-test those activities listed for testing before 30 September 1993.
§ Mr. MatesThe timetable for market testing the Northern Ireland activities listed in Cmd 2101 ensures that the whole programme will be completed by 30 September 1992. The market testing process is already well underway. The precise timing of the various steps in the process will vary from test to test.
§ Mr. WilshireTo ask the Secretary of State for Northern Ireland 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. MatesWhether 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. Advice will be sought from our legal advisers about the relevance of TUPE on a case by case basis.