Are there any particular regulatory issues in relation to employment/pensions which arise on PFI/PPP arrangements?
Due to the fact that the SPC will normally only have a managing board and will not have employees and that the SPC will usually sub-contract all of its obligations under a DBFM Agreement to one or more sub-contractors, it will not be usual that any particular employment law or pensions law issues arise for the SPC within the context of a PFI/PPP arrangement. An exception could arise in cases where the procuring authority wishes to transfer or outsource a certain activity (for example a cleaning service unit, a catering unit or a maintenance unit) which activity has until then been performed in the employment of the procuring authority itself. Normally, a transfer or outsourcing of an activity or unit forming part of the procuring authority will qualify as a transfer of a business to which, to the extent that private employees (not being civil servants) are employed in such activity or units, section 7:662 et seq. of the Dutch Civil Code may apply. As a consequence, the transferee of su
