HC Deb 18 May 1993 vol 225 cc97-8W
Mr. Michael

To ask the Secretary of State for the Home Department if his Department intends to take legal advice on the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981(a) initially at the point of identification of a business, (b) at the conclusion of the scoping study, (c) prior to invitations to tender and (d) prior to the award of a contract; and what is the estimated cost of such advice.

Mr. Kenneth Clarke

Home Office legal advisers will be consulted at the outset of a market test to establish whether the regulations are likely to apply. They will be consulted at the scoping study stage if that study has identified any material change which might affect the applicability of the regulations. Legal advisers will be consulted prior to the issue of an invitation to tender, and prior to the award of contract. The time spent on the advice will depend on the complexity of the market test and it is not, therefore, possible to estimate this in advance.

Mr. Michael

To ask the Secretary of State for the Home Department if companies involved in future Home Office market-testing exercises will be required to state their policy on the application of the Transfer of Undertakings (Protection of Employment) Regulations 1981 and to take into account the consequences of any such application.

Mr. Kenneth Clarke

Yes. The invitation to tender documents will require companies to indicate whet her the regulations would apply to their bids.