4.1 PPP is one of a number of procurement methods available to the public sector. It is a method which invites private sector finance and service provision of a specified service over a long-term contract. It is defined in a series of 'Treasury Taskforce' guidance notes issued by HM Treasury, supplemented in Scotland by various guidance notes issued by the Scottish Executive.
4.2 The Protocol provides the following:
• a framework for a fair, consistent and transparent approach across the public services in Scotland in relation to consultation and employment practices in PPP situations
• guidance on the arrangements for employee terms and conditions and pensions on transfer
• guidance on the terms and conditions and pensions provisions to apply to new appointees to a PPP service provider's workforce post-transfer
• references to the key legislation and guidance covering these issues
• the main principles in regard to access to information and involvement of staff and the relevant trades unions
4.3 The protocol complements the policy and principles laid down in guidance from the Cabinet Office, HM Treasury and other Central Government and Scottish Executive Departments. Key sources of guidance are -
• Scottish Executive guidance on PPP, including procedures to be followed in the event of an in-house bid in a PPP situation;
• Scottish Executive Procurement guidance, including evaluation of sub-contractors for public sector service provision;
• The Transfer of Undertakings (Protection of Employment) Regulations 1981 (as amended) - 'TUPE';
• the Cabinet Office's Statement of Practice on Staff Transfers in the Public Sector ;
• the Treasury PFI Taskforce's Policy Statement No 4 which sets out principles relating to the disclosure of information and consultation with employees and other interested parties;