England and Wales. The principal difference is that a protocol issued by the Scottish Ministers applies instead of the code of practice which applies in England and Wales. The protocol is more onerous than the code of practice in relation to:
■ the duties on the project company and/or its subcontractor to consult with employees and trade unions from the "earliest stage" and throughout the procurement process; and
■ the pensions arrangement, which must be put in place for new employees who join post-transfer.
In terms of continuing regulatory issues, the protocol provides for a monitoring and reviewing system whereby the project company and/or its subcontractor must (on an ongoing basis and throughout the duration of the project agreement) provide the public authority with such information as it requires to monitor compliance with the protocol.