Territorial Extent Schedule 5: Transfer from Gaming Board to Gambling Commission: supplementary provision
127.Paragraphs 1 to 5 of Schedule 5 make a number of technical provisions to achieve the legal transfer of the Gaming Board to the Commission pursuant to section 21. It allows the Commission to step into the shoes of the Board, without prejudicing any action, decision or pending proceedings of the Board. Upon commencement, references to the Board in any legislation or document will be construed as a reference to the Commission. To the extent that the Act has the effect of transferring staff contracts, it is not to affect the protections enjoyed by the staff of the Board under:
	the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) (SI 1981/1794); or
	any regulations made under section 38 of the Employment Relations Act 1999 (c.26) (which have the effect of replicating TUPE in circumstances where they would not otherwise apply).
128.In accordance with the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector (January 2000), the Government intend to ensure that those who are currently working for the Gaming Board and who wish to transfer to the Commission are able to do so. To the extent that TUPE does not apply to the transfer of all such staff, provision will be made by regulations under section 38 of the Employment Relations Act 1999 to ensure that in practice its provisions are applied in all cases.