§ Mr. DewarTo ask the Secretary of State for Scotland if the Transfer of Undertakings (Protection of Employment) Regulations 1981 will apply to employees of regional and district authorities affected by the reorganisation of local government if they transfer to the employment of the proposed new authorities; and if he will make a statement.
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§ Mr. LangThe question of the extent to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 as amended will apply in the context of local government reorganisation is a matter of law. It is not for the Government to determine whether and how the law applies; that must be a matter for the courts. Whether the regulations apply in any particular case will depend on the detailed circumstances, and it will be for local authorities as employers to take a view on the likelihood of 'the regulations applying where a new authority appears to have taken over a function of an existing authority.