[123X Local service contracts: application of TUPE]

[123X  Local service contracts: application of TUPE]

[(1)     Subsection (3) applies to a situation in which—

(a)     at the effective time of a local service contract, local services cease to be provided by a person (the “former operator”) in—

(i)     the area to which the relevant franchising scheme relates, or

(ii)     in the case of a franchising scheme which provides for scheme sub-areas, the relevant scheme sub-area,

in accordance with section 123J(3), and

(b)     at the same time, a person (the “new operator”) begins to provide local services in that area under that local service contract.

(2)     Subsection (3) also applies to a situation in which—

(a)     local services which, at the effective time of a local service contract, a person (the “former operator”) would be required by section 123J(3) to cease providing in—

(i)     the area mentioned in subsection (1)(a)(i), or

(ii)     the area mentioned in subsection (1)(a)(ii) (as the case may be),

cease to be provided by the former operator before the effective time of that local service contract, and

(b)     at the same time as those local services cease to be provided by the former operator, a person (the “new operator”) begins to provide local

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