Ответная реплика Постоянного представителя Российской Федерации А.К.Лукашевича - На высказывания постпреда США по Сирии в связи с выступлением Президента Международного комитета Красного Креста П.Маурера
In the Trade Union and Labour Relations (Consolidation) Act 1992 (referred to in this Act as “the 1992 Act”), in section 49 (appointment of independent scrutineer for election)—
after paragraph (a) of subsection (3) (terms of appointment of scrutineer) there shall be inserted—,
in paragraph (d) (scrutineer to retain custody of voting papers) of that subsection, after the words purposes of the election there shall be inserted the words “ and the copy of the register supplied to him in accordance with subsection (5A)(a) ” and after the words of the papers there shall be inserted the words “ or copy ”,
after that subsection there shall be inserted—,
after subsection (5) there shall be inserted—, and
after subsection (7) there shall be inserted—.
In section 52 of the 1992 Act (scrutineer’s report on election), after subsection (2) there shall be inserted—.
After section 51 of the 1992 Act there shall be inserted—.
In section 52 of the 1992 Act (scrutineer’s report on election)—
in subsection (1), after paragraph (d) there shall be inserted, and ,
in subsection (2)(b), after the word made there shall be inserted “ (whether by him or any other person) ”, and
after subsection (2A) (which is inserted by section 1 above) there shall be inserted—.
Schedule 1 to this Act (which makes in relation to political fund ballots provision corresponding to that made in relation to elections by sections 1 and 2 above) shall have effect.
For section 100 of the 1992 Act (requirement of resolution to approve instrument of amalgamation or transfer) there shall be substituted—.
In section 99 of the 1992 Act (notice relating to proposed amalgamation or transfer), after subsection (3), there shall be inserted—.
After section 24 of the 1992 Act there shall be inserted—.
Sections 115 and 116 of the 1992 Act (financial assistance towards expenditure on certain ballots and obligations of employers to make premises available) shall cease to have effect.
No application under regulations under section 115 (whether made before or after its repeal) shall be entertained by the Certification Officer in relation to expenditure in respect of a ballot if the date of the ballot falls after 31 March 1996 or in respect of arrangements to hold a ballot which is not proceeded with if the date of the ballot would have fallen after that date; but, for the purposes of applications made after (as well as before) the repeal in relation to expenditure not excluded by this subsection, the regulations shall continue in force notwithstanding the repeal.
In subsection (2) above, the “date of the ballot” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days.
Subsection (1) above shall come into force on 1 April 1996.
In section 32(3) of the 1992 Act (contents of annual return)—
after paragraph (a) there shall be inserted—, and
after paragraph (c) there shall be inserted, and .
After section 32 of the 1992 Act there shall be inserted—.
After section 37 of the 1992 Act there shall be inserted—.
In section 45 of the 1992 Act (offences), for subsection (5) there shall be substituted—.
After that section there shall be inserted—.
After section 45A of the 1992 Act (which is inserted by section 11 above) there shall be inserted—.
In section 148 of the 1992 Act (consideration of complaint of action short of dismissal), after subsection (2) there shall be inserted—.
For sections 174 to 177 of the 1992 Act (right not to be unreasonably excluded or expelled from union where employment subject to union membership agreement) and the heading immediately preceding them there shall be substituted—.
For section 68 of the 1992 Act (right to require employer to stop deduction of union dues on termination of membership) and the heading immediately preceding it there shall be substituted—.
In section 65(2) of the 1992 Act (conduct for which an individual may not be disciplined by a trade union), after paragraph (e) there shall be inserted the following paragraphs—.
“require” (on the part of an individual) includes request or apply for, and “requisition” shall be construed accordingly.
In section 230 of the 1992 Act (conduct of ballot), for subsections (2) and (3) (method of voting) there shall be substituted—.
In subsection (1) of section 226 of the 1992 Act (industrial action not protected unless it has support of a ballot), for the words from is not protected to the end there shall be substituted the words— .
After that section there shall be inserted—.
After section 231 of the 1992 Act there shall be inserted—.
After section 226A of the 1992 Act (which is inserted by section 18 above) there shall be inserted—.
In section 229 of that Act (voting paper), after subsection (1) there shall be inserted—.
After section 231A of that Act (which is inserted by section 19 above) there shall be inserted—.
After section 226B of the 1992 Act there shall be inserted—.
After section 234 of the 1992 Act there shall be inserted—.
After section 235 of the 1992 Act there shall be inserted—.
In the Employment Protection (Consolidation) Act 1978 (referred to in this Act as “the 1978 Act”), for Part III (maternity: right to return to work) there shall be substituted—
the sections 33 to 38A set out in subsection (2) below (which provide for a new right to maternity leave), and
the sections 39 to 44, together with the heading, set out in Schedule 2 to this Act (which continue in effect the right to return to work with amendments to take account of the new right).
The provisions referred to in subsection (1)(a) above are—.
For section 60 of the 1978 Act (dismissal on ground of pregnancy) there shall be substituted—.
In section 59 of the 1978 Act (dismissal on ground of redundancy),— and the words preceding that subsection (2) shall become subsection (1).
for the words “employer, and” there shall be substituted the words employer, and either—; and
there shall be inserted at the end, as subsection (2), the following—;
In section 64 of the 1978 Act (qualifying period for right not to be unfairly dismissed), after subsection (2) there shall be inserted—.
In section 53 of that Act (written statement of reasons for dismissal), after subsection (2) there shall be inserted—.
After section 60 of the 1978 Act (as substituted by section 24 of this Act), there shall be inserted—.
In section 59 of the 1978 Act (dismissal on ground of redundancy), in subsection (2) (inserted by section 24(2) of this Act), after the word “(e)” there shall be inserted the words “or 60A(1) (read with (2) and (3))”.
In section 64 of the 1978 Act (qualifying period for right not to be unfairly dismissed), in subsection (4) (inserted by section 24(3) of this Act), after the word “(e)” there shall be inserted the words “or 60A(1) (read with (2) and (3))”.
Sections 71, 74 and 75 of the 1978 Act (awards of compensation for unfair dismissal) shall be amended in accordance with subsections (2), (3) and (4).
In section 71—
in subsection (1), for the words “section 75” there shall be substituted the words “subsection (1A)”; and
after subsection (1) there shall be inserted—.
In section 74—
in subsection (1), for the words “sections 75 and 76” there shall be substituted the words “subsection (8) and section 76”; and
after subsection (7) there shall be inserted—.
In section 75(1), after the word “shall” there shall be inserted the words “(save where the exception in section 71(1A) or 74(8) applies)”.
In section 138 of the 1978 Act (application of Act to Crown employment) for subsection (3) (service in the armed forces excepted) there shall be substituted—.
After section 138, there shall be inserted—.
In section 6 of the Sex Discrimination Act 1986 (application of section 77 of the Sex Discrimination Act 1975, which provides for discriminatory terms of contracts to be void, to terms of collective agreements, employers’ rules and rules of certain organisations), after subsection (4) there shall be inserted—.
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The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall be amended as follows.
In Regulation 2(1), in the definition of “undertaking” (which excludes from the Regulations undertakings, and parts of undertakings, not in the nature of a commercial venture), the words from “but does not” to the end shall cease to have effect.
In Regulation 3(4) (transfers to which the Regulations apply), for the words from “one” to the end there shall be substituted the words one—.
In Regulation 5 (effect of relevant transfer on contracts of employment, etc)—
in paragraph (1), at the beginning, there shall be inserted the words “Except where objection is made under paragraph (4A) below,”;
in paragraph (2) after the words “paragraph (1) above” there shall be inserted the words “but subject to paragraph (4A) below,”;
after paragraph (4), there shall be inserted—; and
in paragraph (5), for the words “Paragraph (1) above is” there shall be substituted the words “Paragraphs (1) and (4A) above are”.
Regulation 7 (exclusion of occupational pension schemes) shall be re-numbered as paragraph (1) of that Regulation and after that provision as so re-numbered there shall be inserted—.
At the end of Regulation 10(5) (duty to consult) there shall be added the words “with a view to seeking their agreement to measures to be taken.”.
In Regulation 11 (remedies for failure to inform or consult)—
paragraph (7) (deduction from compensation of any payments relating to failure to consult on redundancy) shall cease to have effect, and
in paragraph (11) (compensation subject to maximum of two weeks' pay for employee in question), for the words “two weeks' pay” there shall be substituted the words “four weeks' pay”.
Chapter II of Part IV of the 1992 Act (procedure for handling redundancies) shall be amended in accordance with subsections (2) to (5) below.
In section 188 (duty of employer to consult trade union representatives)—
in subsection (4) (information to be disclosed to representatives), after paragraph (e) there shall be insertedand ,
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at the end of subsection (7) (exception from requirements in special circumstances) there shall be inserted— “ Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement. ”.
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In section 193 (duty of employer to notify Secretary of State of certain redundancies), at the end of subsection (7) (exception from requirements in special circumstances) there shall be inserted— “ Where the decision leading to the proposed dismissals is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements. ”.
For section 195 there shall be substituted—.
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Section 128 of the 1978 Act (industrial tribunals) shall be amended as follows.
After subsection (2) there shall be inserted—.
After subsection (4) there shall be inserted—.
for subsection (1) (appropriate Minister to have power to make order in respect of claims satisfying certain conditions) there shall be substituted—,
for subsection (3) there shall be substituted—,
after subsection (4) (tribunal to order payment of amount which it finds due) there shall be inserted—,
after subsection (5) there shall be inserted—, and
in subsection (7), in the definition of “appropriate Minister”, for the words “Secretary of State” there shall be substituted the words “Lord Advocate”.
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in subsection (2) (exceptions), after the paragraph (fa) inserted by paragraph 21 of Schedule 8 to this Act, there shall be inserted—;
after subsection (2), there shall be inserted—.
Schedule 6 to this Act shall have effect for making corresponding amendments in ... the Trade Union and Labour Relations (Consolidation) Act 1992.
Schedule 9 to the 1978 Act (regulations for industrial tribunals) shall be amended by the insertion in paragraph 1 of the following.
After sub-paragraph (5) there shall be inserted—(5A).
In sub-paragraph (6), after the word “send” there shall be inserted the words “(subject to any regulations under sub-paragraph (5A)(a))”.
If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale— Expressions used in this sub-paragraph and in sub-paragraph (5A) have the same meaning in this sub-paragraph as in that sub-paragraph. Where a person is charged with an offence under sub-paragraph (8) it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the matter in question. Where an offence under sub-paragraph (8) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly. In relation to a body corporate whose affairs are managed by its members “director”, in sub-paragraph (10), means a member of the body corporate.
Schedule 11 to the 1978 Act (Employment Appeal Tribunal) shall be amended by the insertion after paragraph 18 (rules) of the following—.
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For section 213 of the 1992 Act (powers of ACAS to give advice) there shall be substituted—.
In section 249(2) of the 1992 Act (chairman to be full time, but other members full or part time), the first sentence shall be omitted, and, in the second sentence, after the word as, in the first place where it occurs, there shall be inserted the words “ chairman, or as ”.
After section 251 of the 1992 Act there shall be inserted the following section—.
For sections 8 to 10 of the Employment and Training Act 1973 (careers services of education authorities) and the heading immediately preceding them there shall be substituted—.
After section 10 of the Employment and Training Act 1973 (which is inserted by section 45 above) there shall be inserted—.
In section 2 of the Employment and Training Act 1973 (functions of the Secretary of State), after subsection (3) there shall be inserted—.
The Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with the following provisions of this section.
In paragraphs (a)(ii) and (b)(ii) of section 1 (Scottish Enterprise and Highlands and Islands Enterprise), after the word Act, there shall be inserted the words “ maintaining and ”.
In section 2 (functions in relation to training for employment etc.)—
in subsection (3), after paragraph (c) there shall be inserted; and , and
in subsection (4), for the word training, in both places where it occurs, there shall be substituted the words “ employment and training ”.
After section 14 there shall be inserted—.
In this Act—
Not later than two months after the beginning of an employee’s employment with an employer, the employer shall give to the employee a written statement which may, subject to subsection (3) of section 2, be given in instalments before the end of that period. The statement shall contain particulars of— The statement shall also contain particulars, as at a specified date not more than seven days before the statement or instalment of the statement containing them is given, of— Subsection (3)(d)(iii) shall not apply to the employees of any body or authority if—
Sections 1 to 4 shall not apply to an employee if— Sections 1 to 4 shall apply to an employee who at any time comes or ceases to come within the exceptions from those sections provided for by subsection (1)(b) and sections 141 and 144, and under section 149, as if his employment with his employer terminated or began at that time. The fact that section 1 is directed by subsection (2) to apply to an employee as if his employment began on his ceasing to come within the exceptions referred to in that subsection shall not affect the obligation under section 1(2)(b) to specify the date on which his employment actually began.
“the 1978 Act” means the Employment Protection (Consolidation) Act 1978, and
Section 3.
In section 74(3) of the 1992 Act (requirements which Certification Officer must be satisfied would be met in relation to political fund ballot held by trade union in accordance with its rules), after the entry relating to section 77 there shall be inserted— “ section 77A (counting of votes etc. by independent person), and ”.
In section 75 of that Act (appointment of independent scrutineer for political fund ballot)—
in paragraph (a) (scrutineer to supervise certain matters) of subsection (3) (terms of appointment of scrutineer), for the words and distribution of the voting papers there shall be substituted the words “ of the voting papers and (unless he is appointed under section 77A to undertake the distribution of the voting papers) their distribution ”,
after that paragraph there shall be inserted—,
in paragraph (d) (scrutineer to retain custody of voting papers) of that subsection—
after the words purposes of the ballot there shall be inserted the words “ and the copy of the register supplied to him in accordance with subsection (5A)(a) ”, and
after the words of the papers there shall be inserted the words “ or copy ”,
after that subsection there shall be inserted—,
after subsection (5) there shall be inserted—, and
after subsection (7) there shall be inserted—.
After section 77 of that Act there shall be inserted—.
In section 78 of that Act (scrutineer’s report on ballot)—
in subsection (1), after paragraph (d) there shall be insertedand ,
in subsection (2)(b), after the word made there shall be inserted “ (whether by him or any other person) ”, and
after that subsection there shall be inserted—.
An employee who— shall also have the right to return to work at any time during the period beginning at the end of her maternity leave period and ending twenty-nine weeks after the beginning of the week in which childbirth occurs. An employee’s right to return to work under this section is the right to return to work with the person who was her employer before the end of her maternity leave period, or (where appropriate) his successor, in the job in which she was then employed— The Secretary of State may by order vary the period of two years specified in subsection (1) or that period as so varied. No order shall be made under subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
Schedule 2 shall have effect for the purpose of supplementing the preceding sections in relation to an employee’s right to return to work under section 39. Sections 56 and 86 also have effect for that purpose. Subject to subsection (4), in sections 56 and 86 and Schedule 2 “notified day of return” has the same meaning as in section 42. Where— then, subject to subsection (4) of that section, references in those subsections and in sections 56 and 86 and Schedule 2 to the notified day of return shall be construed as references to the day to which the return is postponed or that later day.
Where an employer has available suitable alternative work for an employee the employee has a right to be offered to be provided with it before being suspended on maternity grounds. For alternative work to be suitable for an employee for the purposes of this section— An employee may present a complaint to an industrial tribunal that her employer has failed to offer to provide her with work in contravention of subsection (1). An industrial tribunal shall not entertain a complaint under subsection (3) unless it is presented to the tribunal before the end of the period of three months beginning with the first day of the suspension, or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months. Where the tribunal finds the complaint well-founded it may make an award of compensation to be paid by the employer to the employee. The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to the infringement of the complainant’s right under subsection (1) by the employer’s failure complained of and to any loss sustained by the complainant which is attributable to that failure.
An employee shall not have the right to return to work under section 39 unless she includes with the information required by section 37(1) the information that she intends to exercise the right. Where, not earlier than twenty-one days before the end of her maternity leave period, an employee is requested in accordance with subsection (3) by her employer, or a successor of his, to give him written confirmation that she intends to exercise the right to return to work under section 39, the employee shall not be entitled to that right unless she gives the requested confirmation within fourteen days of receiving the request or, if that is not reasonably practicable, as soon as is reasonably practicable. A request under subsection (2) shall be—
An employee who has the right to return to work under section 39 and a right to return to work after absence because of pregnancy or childbirth under a contract of employment or otherwise may not exercise the two rights separately but may, in returning to work, take advantage of whichever right is, in any particular respect, the more favourable. The provisions of sections 39, 41 to 43, 56 and 86 and paragraphs 1 to 4 and 6 of Schedule 2 shall apply, subject to any modifications necessary to give effect to any more favourable contractual terms, to the exercise of the composite right described in subsection (1) as they apply to the exercise of the right to return to work under section 39.
Where an employee has the right to return to work under section 39, but it is not practicable by reason of redundancy for the employer to permit her to return in accordance with that right, she shall be entitled, where there is a suitable available vacancy, to be offered alternative employment with her employer (or his successor), or an associated employer, under a new contract of employment complying with subsection (2). The new contract of employment must be such that—
An employee shall exercise the right to return to work under section 39 by giving written notice to the employer (who may be her employer before the end of her maternity leave period or a successor of his) at least twenty-one days before the day on which she proposes to return of her proposal to return on that day (the “notified day of return”). An employer may postpone an employee’s return to work until a date not more than four weeks after the notified day of return if he notifies her before that day that for specified reasons he is postponing her return until that date, and accordingly she will be entitled to return to work with him on that date. Subject to subsection (4), an employee may— if, before the notified day of return (or the end of the period of twenty-nine weeks), she gives the employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement she will be incapable of work on the notified day of return (or the end of that period). Where an employee has once exercised a right of postponement or extension under subsection (3)(a) or (b), she shall not again be entitled to exercise a right of postponement or extension under that subsection in connection with the same return to work. If an employee has notified a day of return but there is an interruption of work (whether due to industrial action or some other reason) which renders it unreasonable to expect the employee to return to work on the notified day of return, she may instead return to work when work resumes after the interruption or as soon as reasonably practicable afterwards. If— the employee may exercise her right to return in accordance with subsection (1) so that she returns to work at any time before the end of the period of twenty-eight days from the end of the interruption notwithstanding that she returns to work outside the period of twenty-nine weeks. Where the employee has either— the other of those subsections shall apply as if for the reference to the end of the period of twenty-nine weeks there were substituted a reference to the end of the further period of four weeks or, as the case may be, of the period of twenty-eight days from the end of the interruption of work.
An employee who is suspended on maternity grounds shall be entitled to be paid remuneration by her employer while she is so suspended. An employee shall not be entitled to remuneration under this section in respect of any period during which her employer has offered to provide her with work which is suitable alternative work for the purposes of section 46 and the employee has unreasonably refused to perform that work. The amount of remuneration payable by an employer to an employee under this section shall be a week’s pay in respect of each week of the period of suspension; and if in any week remuneration is payable in respect only of part of that week the amount of a week’s pay shall be reduced proportionately. Subject to subsection (5), a right to remuneration under this section shall not affect any right of an employee in relation to remuneration under her contract of employment (in subsection (5) referred to as “contractual remuneration”). Any contractual remuneration paid by an employer to an employee in respect of any period shall go towards discharging the employer’s liability under this section in respect of that period; and, conversely, any payment of remuneration in discharge of an employer’s liability under this section in respect of any period shall go towards discharging any obligation of the employer to pay contractual remuneration in respect of that period. An employee may present a complaint to an industrial tribunal that her employer has failed to pay the whole or any part of remuneration to which she is entitled under this section. An industrial tribunal shall not entertain a complaint relating to remuneration under this section in respect of any day unless the complaint is presented to the tribunal before the end of the period of three months beginning with that day, or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months. Where an industrial tribunal finds a complaint under subsection (6) well-founded the tribunal shall order the employer to pay the complainant the amount of remuneration which it finds is due to her.
For the purposes of sections 46 and 47 an employee is suspended on maternity grounds where, in consequence of— she is suspended from work by her employer on the ground that she is pregnant, has recently given birth or is breastfeeding a child. For the purposes of this section, sections 46 and 47 and section 61 an employee shall be regarded as suspended from work only if, and so long as, she continues to be employed by her employer, but is not provided with work or (disregarding alternative work for the purposes of section 46) does not perform the work she normally performed before the suspension. For the purposes of subsection (1) a provision is a “relevant provision” if it is for the time being specified as a relevant provision in an order made by the Secretary of State under this subsection.
Section 26.
If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (3) of that section, or under any of the other paragraphs of subsection (2) or (3) of that section, that fact shall be stated. A statement under section 1— A statement under section 1 may refer the employee to the provisions of a collective agreement under subsection (2)(b) if, and only if, it is an agreement which— The particulars required by section 1(2) and the following provisions of subsection (3)— shall be included in a single document (in this Part referred to as the “principal statement”). Where before the end of the period of two months after the beginning of his employment an employee is to begin to work outside the United Kingdom for a period of more than one month, the statement under section 1 shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work. A statement shall be given to a person under section 1 notwithstanding that his employment ends before the end of the period within which the statement is required to be given.
The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appear to the Secretary of State to be expedient.
A statement under section 1 shall include a note— Subsection (1)(a) to (c) shall not apply to rules, disciplinary decisions, grievances or procedures relating to health or safety at work. The note need not comply with the following provisions of subsection (1)— if on the date when the employee’s employment began the relevant number of employees was less than twenty. In subsection (3) “the relevant number of employees”, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.
If, after the date to which a statement given under section 1 relates, or, where no such statement is given, after the end of the period within which a statement under section 1 is required to be given, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall at the earliest opportunity and, in any event, not later than— give to the employee a written statement containing particulars of the change. In a case where the statement under section 1 is given in instalments, subsection (1) applies— as it applies in relation to matters particulars of which are required to be included or referred to in a statement under section 1 not given in instalments. A statement under subsection (1)— A statement under subsection (1) may refer the employee to the provisions of a collective agreement under subsection (3)(b) if, and only if, it is an agreement which— Where after an employer has given to an employee a statement under section 1— the person who immediately after the change is the employer shall not be required to give to the employee a statement under section 1 but the change shall be treated as a change falling within subsection (1) of this section. A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (5)(a)(ii) shall specify the date on which the employee’s period of continuous employment began.
After section 22 of the 1978 Act there shall be inserted—.
In subsection (3) of section 57 of that Act (general provisions as to fairness of dismissal), for the words sections 59 to 61 there shall be substituted the words “ sections 57A to 61 ”.
After that section there shall be inserted—.
In section 59 of the 1978 Act (dismissal on ground of redundancy), in subsection (2) (inserted by section 24(2) of this Act), between the words section and 60 there shall be inserted the words “ 57A(1) (read with (2) and (3)) ”.
In section 64 of the 1978 Act (qualifying period etc for right not to be unfairly dismissed), in subsection (4) (inserted by section 24(3) of this Act), between the words section and 60 there shall be inserted the words “ 57A(1) (read with (2) and (3)) ”.
In section 71 of the 1978 Act (compensation for failure to comply with section 69)—
in subsection (2)(b) (additional award), after the word unless there shall be inserted the words “ the case is one where this paragraph is excluded or ”; and
after that subsection there shall be inserted—.
In section 72 of the 1978 Act (compensation for unfair dismissal) there shall be inserted at the end the following—and the preceding words shall become subsection of section 72.
In section 73 of the 1978 Act (calculation of basic award)—
in subsection (1), for (6) there shall be substituted “ (6A) ”;
after subsection (6) there shall be inserted—; and
in subsection (7C), for the words following apply there shall be substituted the words “ in a redundancy case unless the reason for selecting the employee for dismissal was an inadmissible reason; and, in that event, subsection (7B) shall apply only to so much of the basic award as is payable because of subsection (6A) ”.
After section 75 of that Act there shall be inserted—.
After section 76 of that Act there shall be inserted—.
Section 39(2).
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in subsection (4), after paragraph (a), there shall be inserted—; and
after subsection (4) there shall be inserted—.
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in subsection (4), after paragraph (a) there shall be inserted—; and
after subsection (4) there shall be inserted—.
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in subsection (3) after the words “apply to” there shall be inserted “(a)” and at the end of the words so constituted paragraph (a) there shall be inserted the words ; or; and
after subsection (3) there shall be inserted—.
In section 288 of the 1992 Act (restrictions on contracting out)—
after subsection (2) there shall be inserted—; . . .
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Section 49(1).
In section 154 of the 1992 Act (exclusion of requirement for qualifying period of employment, etc where reason for dismissal related to trade union membership or activities)—
for the words was one of those specified in section 152(1) there shall be substituted the words “ or, in a redundancy case, for selecting the employee for dismissal, was an inadmissible reason. ”, and
there shall be inserted after those words, as subsection (2), the following—, and the words preceding that subsection (2) shall become subsection (1).
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in subsection (1) (which applies Part I to Crown employees only so far as it relates to itemised pay statements), the words “(so far as it relates to itemised pay statements)” shall be omitted, and
in subsection (4) (disapplication of any provision which would otherwise apply to Crown employment where national security certificate in force), for the words “For the purposes of this section, Crown employment does not include any employment” there shall be substituted the words “Part I (so far as it relates to itemised pay statements), Part II (except sections 22A to 22C and 31A), section 53 (apart from subsection (2A)), Part V (except so far as relating to a dismissal which is regarded as unfair by reason of section 57A, 59(1)(a) or 60) and Part VIII and this Part (so far as relating to any of those provisions) shall not have effect in relation to any Crown employment”.
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Without prejudice to sub-paragraph (5) or paragraph 2, a Minister of the Crown may on grounds of national security direct an industrial tribunal to sit in private when hearing or determining any proceedings specified in the direction.
in paragraph 2 (national security), in sub-paragraph (2), for the words “A certificate” there shall be substituted the words “Except where the complaint is that a dismissal is unfair by reason of section 57A, 59(1)(a) or 60, a certificate”.
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After section 85A of the Sex Discrimination Act 1975 (application to House of Commons staff) there shall be inserted—.
After section 75A of the Race Relations Act 1976 (application to House of Commons staff) there shall be inserted—.
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In section 277 of the 1992 Act (House of Lords staff)—
in subsection (1), for the words Sections 137 to 143 (rights in relation to trade union membership: access to employment) there shall be substituted the words “ The provisions of this Act (except those specified below) ”,
after that subsection there shall be inserted—,
in subsection (2), after the word bringing there shall be inserted the words “ a civil employment claim before the court or from bringing ”,
after that subsection there shall be inserted—, and
for subsections (3) to (6) there shall be substituted—.
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in sub-paragraph (2)(a), for the words “complaint under section 67” there shall be substituted the words “relevant complaint of dismissal”;
in sub-paragraph (2)(c), for the words “section 134(3)” there shall be substituted the words “his relevant conciliation powers or”;
after sub-paragraph (2)(c), there shall be inserted—; and
In sub-paragraph (2)—
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in subsection (4) (orders to be subject to affirmative procedure), for the words “subsection (1)” there shall be inserted the words “this section, other than one to which subsection (5) applies,”, and
after subsection (4) there shall be inserted—.
In section 21(6) of the 1992 Act (repudiation by trade union of certain acts) for the words six months there shall be substituted the words “ three months ”.
In section 34(5) of the 1992 Act (eligibility for appointment as auditor), the second sentence shall be omitted.
In section 35(5) of the 1992 Act (appointment and removal of auditors)—
for the words subsections (1) to (6) there shall be substituted the words “ subsections (1) to (4) ”, and
for the words subsection (7) there shall be substituted the words “ subsection (5) ”.
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In section 158 of the 1992 Act (special award in cases of dismissal on grounds related to union membership or activities) after subsection (6) there shall be inserted—.
In section 166(1) of the 1992 Act (consequences of failure to comply with order of reinstatement or re-engagement), for (5)(a) there shall be substituted “ (5) ”.
In section 187(2) of the 1992 Act (meaning of refusal to deal where refusal on grounds of union exclusion), paragraph (c) shall become subparagraph, of paragraph (b) and there shall be inserted as paragraph (c) the following, preceded by “ or ”, namely— .
In section 228 of the 1992 Act (separate workplace ballots before action by trade union) after subsection (3) there shall be inserted—.
In section 229(3) of the 1992 Act (voting paper for industrial action ballot) for the word 20(3) there shall be substituted the word “ 20(2) ”.
In section 246 of the 1992 Act (minor definitions relating to industrial action provisions) the definition of “place of work” shall be omitted.
In section 278(4)(c) of the 1992 Act (House of Commons staff), after the word in there shall be inserted the word “ section ”.
Section 49(2).
In section 119A of the Factories Act 1961 (notice of employment of a young person to be sent to local careers office), in subsection (2)(a) (definition of “local careers office”), for the words from , under to the arrangements) there shall be substituted the words “ services are provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 in the area ”.
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In section 13(2) of the Chronically Sick and Disabled Persons Act 1970 (youth employment service), for the words section 10(1) there shall be substituted the words “ section 10(6) ”.
In section 13(7) of the Employment Agencies Act 1973 (exclusions from provisions of that Act), after paragraph (g) there shall be inserted—.
In section 5(2)(a) of the Employment and Training Act 1973 (power to appoint advisers with respect to performance of certain functions), for the words from on him to the end there shall be substituted the words “ or imposed on him by sections 2, 8 to 10 and 12 of this Act; and ”.
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In section 15 of the Sex Discrimination Act 1975 (employment agencies etc.)—
for subsection (2) there shall be substituted—, and
in subsection (5), for the words or an education authority there shall be substituted the words “ , education authority or other person ”.
In section 14 of the Race Relations Act 1976 (employment agencies etc.)—
for subsection (2) there shall be substituted—, and
in subsection (5), for the words or an education authority there shall be substituted the words “ , education authority or other person ”.
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in subsection (1) (references to determine what statement an employer ought to have given the employee), after the words “as required by section 1 or 4(1) or 8” there shall be inserted the words “(that is to say, either because he gives him no statement or because the statement he gives does not comply with those requirements)”;
in subsection (4)(b) (questions as to particulars which ought to have been included in a note about disciplinary procedures), for the words “a note under section 1(4)” there shall be substituted the words “the note required by section 3 to be included in the statement under section 1”; and
in subsection (9) (time limit of three months for applications to industrial tribunals), at the end, there shall be inserted the words—or—; and after the word “made” (in the second place where it occurs) there shall be inserted “(a)”.
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for the words “refused to provide a written statement under subsection (1)” there shall be substituted the words “failed to provide a written statement under this section”, and
for the words “that subsection” there shall be substituted the words “this section”.
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in subsection (1)(a), for the words “her absence began” there shall be substituted the words “the end of her maternity leave period (or, if it ends by reason of dismissal, immediately before the dismissal)”, and
in subsections (1)(b), (2)(a) and (3)(b), for the words “section 45(1)” there shall be substituted the words “section 39”.
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for the word “he”, in both places where it occurs, and the word “him” there shall be substituted the words “the employee”,
for the words “in his case” there shall be substituted the words “in the case of the employee”, and
at the end, there shall be inserted as subsection (3)—.
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in subsection (1)(a) (dismissal of employee on return to work of employee absent because of pregnancy or confinement)—
for the words “return to work of” there shall be substituted the words “resumption of work by”, and
for the word “confinement” there shall be substituted the word “childbirth”, and
in subsection (2) (dismissal of employee on resumption of work by employee suspended as mentioned in section 19)—
after the word “19” there shall be inserted the words “or 45”, and
for the words “other employee to resume his original work” there shall be substituted the words “resumption of work by the other employee”.
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after the word “19”, there shall be inserted the word “22A,”, and
after the word “31A,” there shall be inserted the words “46, 47,”.
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after the word “57,” there shall be inserted the word “57A,”,
after the word “67,” there shall be inserted the words “73(6C) and (6D),”, and
after the word “75,” there shall be inserted the words “75A(7) and (8),”.
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in subsection (1) (definitions)—
“childbirth” means the birth of a living child or the birth of a child whether living or dead after twenty-four weeks of pregnancy;
“expected week of childbirth” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur;
“maternity leave period” shall be construed in accordance with sections 34 and 35;
in the definition of “notified day of return”, for the words “has the meaning given by section 47(1) and (8)” there shall be substituted the words “shall be construed in accordance with section 43(3) and (4)”, and
“notified leave date” shall be construed in accordance with section 36;
in subsection (5) (irrelevance of what law governs a person’s employment), for the word “For” there shall be substituted the words “Subject to section 141(1)(b), for”.
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in paragraph 2—
in sub-paragraph (1), in the substituted subsection (3), for the words “sections 59 to 61” there shall be substituted the words “sections 57A to 61”,
in sub-paragraph (2), for the words “section 45(3)” there shall be substituted the words “section 41(1)”, and
in sub-paragraph (5), for the words “the original contract of employment” there shall be substituted the words “her contract of employment immediately before the beginning of her maternity leave period”,
in paragraph 4—
in sub-paragraph (1), for paragraph (c) there shall be substituted—, and
in sub-paragraph (4), for the words “the original contract of employment” there shall be substituted the words “her contract of employment immediately before the beginning of her maternity leave period”,
in paragraph 5—
after the words “return to work” there shall be inserted the words “in accordance with section 42”, and
for the words from “during her absence” to “confinement” there shall be substituted the words “on a day falling after the commencement of her maternity leave period and before the notified day of return”,
in paragraph 6—
This paragraph applies where an employee has the right to return to work under section 39 and either her maternity leave period ends by reason of dismissal or she is dismissed after her maternity leave period.
in sub-paragraph (2), for the words “during the period of her absence” there shall be substituted the words “after her maternity leave period” and for the words “section 48” there shall be substituted the words “section 44”, and
in paragraph 7(1), for the words “section 48” there shall be substituted the words “section 44”.
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in paragraph 2—
in sub-paragraph (1), after paragraph (b) there shall be inserted—,
in sub-paragraph (1), after the words “paragraphs (a), (b)” there shall be inserted “, (ba)”, and
in sub-paragraph (2), after the words “statutory sick pay,” there shall be inserted the words “maternity pay, statutory maternity pay,”, and
in paragraph 3(3)—
after paragraph (a) there shall be inserted—, and
after the words “statutory sick pay,” there shall be inserted the words “maternity pay, statutory maternity pay,”.
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in paragraph 1(4)(b) (regulations as to procedure), for the word “confinement” there shall be substituted the word “childbirth”,
in sub-paragraph (1) of paragraph 1A (power to authorise pre-hearing reviews), for paragraph (a) there shall be substituted—, and
after that paragraph there shall be inserted—.
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in paragraph 9(1)(d), for the word “confinement” there shall be substituted the word “childbirth”, and
in paragraph 10—
for the words “section 45(1)” there shall be substituted the words “section 39”, and
for the word “confinement” there shall be substituted the word “childbirth”.
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after paragraph (e) there shall be inserted—, and
after paragraph (i) there shall be inserted—.
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In section 5(3)(e) of the Industrial Training Act 1982 (functions of industrial training boards), at the end there shall be inserted the words “ and may provide services or arrange for the provision of services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 (careers services) ”.
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In subsection (1) of section 26 (status of trainees etc.) of the Employment Act 1988—
after the words under section 2(3) there shall be inserted the words “ or section 14A ”; and
for the words the said section 2, or as the case may be the said section 2(3) there shall be substituted the words “ any of those three sections ”.
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In section 25 of the 1992 Act (application to Certification Officer as respects failures in relation to the register of members)—
in subsection (1), after the words section 24 there shall be inserted the words “ or 24A ”; and
after subsection (7), there shall be inserted—.
In section 26 of the 1992 Act (application to court as respects failures in relation to the register of members)—
in subsection (1), after the words section 24 there shall be inserted the words “ or 24A ”; and
after subsection (6) there shall be inserted—.
In section 32 of the 1992 Act (annual return), after subsection (6) there shall be inserted—.
In section 43(1) (provisions not to apply in case of newly-formed trade unions)—
in paragraph (b) (disapplication of sections 32 to 37), after the words annual return, there shall be inserted the words “ statement for members, ”, and
after that paragraph there shall be inserted—.
In section 44 of the 1992 Act (discharge of duties in case of union having branches or sections)—
in subsections (2) and (4), for the words sections 32 to 37 there shall be substituted the words “ sections 32 and 33 to 37 ”, and
after subsection (4) there shall be inserted—.
In section 45(1) of the 1992 Act (offences for breach of duty under sections 32 to 37 etc.), after the words annual return, there shall be inserted the words “ statement for members, ”.
In section 49(3)(a) of the 1992 Act (election scrutineer to supervise certain matters), for the words and distribution of the voting papers there shall be substituted the words “ of the voting papers and (unless he is appointed under section 51A to undertake the distribution of the voting papers) their distribution ”.
In section 62 of the 1992 Act (right of trade union members to obtain order to prevent inducement to take part in industrial action not having support of a ballot)—
In this section “the relevant time” means the time when the application is made.
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In section 64 of the 1992 Act (right not to be unjustifiably disciplined), in subsection (5) (enforcement provisions not to affect remedy for infringement of other rights), for the words and nothing there shall be substituted the words “ and, subject to section 66(4), nothing ”.
In section 65(7) of the 1992 Act (definitions related to unjustifiable discipline)—
in the definition of “contract of employment”, at the end, there shall be inserted the words “ , “employer” includes such a person and related expressions shall be construed accordingly; ”; and
“wages” shall be construed in accordance with the definitions of “contract of employment”, ”employer“ and related expressions.
In section 66 of the 1992 Act (complaint of infringement of right not to be unjustifiably disciplined), for subsection (4) there shall be substituted—.
In section 67 of the 1992 Act (compensation for right not to be unjustifiably disciplined)—
in subsection (8) (application of maximum and minimum limits of compensation)—
for the words awarded against a trade union on an application under this section there shall be substituted the words “ calculated in accordance with subsections (5) to (7) ”, and
for the words 156(1) of this Act (minimum basic award in certain cases of unfair dismissal) there shall be substituted the words “ 176(6) of this Act (minimum award by Employment Appeal Tribunal in cases of exclusion or expulsion from union) ”, and
subsection (9) (limits to be applied before reduction for failure to mitigate etc.) shall cease to have effect.
In section 97(1)(b) and (2)(b) of the 1992 Act (amalgamation or transfer of engagements), for the words sections 99 and 100 (notice to members and passing of resolution) there shall be substituted the words “ section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E) ”.
In section 98(1) of the 1992 Act (instrument of amalgamation or transfer to be submitted for approval of Certification Officer before resolution to approve it is voted on by members), for the words from the resolution to the end there shall be substituted the words “ a ballot of the members of any amalgamating union, or (as the case may be) of the transferor union, is held on the resolution to approve the instrument. ”.
In section 99(1) of the 1992 Act (notice of instrument to be supplied to members), for the words from that, not less to supplied with there shall be substituted the words “ that every voting paper which is supplied for voting in the ballot on the resolution to approve the instrument of amalgamation or transfer is accompanied by ”.
In section 101 of the 1992 Act (registration of instrument of amalgamation or transfer), after subsection (2) there shall be inserted—.
In section 103 of the 1992 Act (complaints about passing of resolution approving instrument of amalgamation or transfer), for subsection (1) there shall be substituted—.
In section 106 of the 1992 Act (amalgamation or transfer involving Northern Ireland union)—
in subsection (2), for the words 98 to 100 (approval of instrument; notice to members; passing of resolution) there shall be substituted the words “ 98 to 100E and 101(3) (approval of instrument, notice to members and ballot on resolution) ”, and
in subsection (4), for the words section 103 there shall be substituted the words “ sections 103 and 104 ”.
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in subsection (1)—
in paragraph (c) after the word “members” there shall be inserted the words “or secure confidentiality”; and
after paragraph (d) there shall be inserted—, and
in subsection (2), for the words from “in the High Court” to “arise out of” there shall be substituted the words “to the extent that they consist in, or arise out of, proceedings in the High Court or the Court of Session with respect to”.
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In section 117(5) of the 1992 Act (provisions operating only in relation to certain positions in case of special register bodies), for the words Chapter IV (elections for certain union positions) only applies there shall be substituted the words “ Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only ”.
In section 118(4) of the 1992 Act (provisions not to apply in case of federated trade unions consisting wholly or mainly of representatives of constituent or affiliated organisations)—
in paragraph (c) (disapplication of sections 32 to 37), after the words annual return, there shall be inserted the words “ statement for members, ”, and
after that paragraph there shall be inserted—.
In section 119 of the 1992 Act (expressions relating to trade unions)—
“agent” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;
“financial affairs” means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);
In section 131(1) of the 1992 Act (administrative provisions applying to employers’ associations)—
for the words sections 32 to 37 there shall be substituted the words “ section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) and sections 33 to 37 ”,
sections 37A to 37E (investigation of financial affairs),
for the words section 45 there shall be substituted the words “ sections 45 and 45A ”.
For section 133 of the 1992 Act (employers’ associations: amalgamations etc.) there shall be substituted—.
In section 135(3) of the 1992 Act (provisions not to apply in case of federated employers’ associations consisting wholly or mainly of representatives of constituent or affiliated organisations)—
in paragraph (c) (disapplication of sections 32 to 37), for the words sections 32 to 37 there shall be substituted the words “ section 32(1), (2), (3)(a), (b) and (c) and (4) to (6) and sections 33 to 37 ”, and
after that paragraph there shall be inserted—.
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In section 164(1)(a) of the 1992 Act (order in such a case for continuation of contract for purposes of pay or any benefit derived from the employment), for the words any benefit there shall be substituted the words “ any other benefit ”.
In section 191(1)(a) of the 1992 Act (no remuneration under protective award for period after fair dismissal for a reason other than redundancy), for the words for a reason other than redundancy there shall be substituted the words “ otherwise than as redundant ”.
In section 198(1)(b) of the 1992 Act (power to adapt provisions in case of collective agreement establishing arrangements for the handling of redundancies), for the words the handling of redundancies there shall be substituted the words “ handling the dismissal of employees as redundant ”.
In section 219 of the 1992 Act (protection of acts in contemplation or furtherance of trade dispute from certain tort liabilities), in subsection (4) for the words from to section 226 to the end there shall be substituted the words “ to sections 226 (requirement of ballot before action by trade union) and 234A (requirement of notice to employer of industrial action); and in those sections “not protected” means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person. ”.
In section 226 of the 1992 Act (act of trade union not protected unless industrial action has support of a ballot)—
In this section “the relevant time”, in relation to an act by a trade union to induce a person to take part, or continue to take part, in industrial action, means the time at which proceedings are commenced in respect of the act.
Any reference in this subsection to a requirement of a provision which is disapplied or modified by section 232 has effect subject to that section.
in relation
In section 232 of the 1992 Act (balloting of overseas members)—
in subsection (1) (sections 227 to 230 not to apply), for the words 227 to 230 there shall be substituted the words “ 226B to 230 and 231B ”, and
for subsection (2) (operation of section 231) there shall be substituted—.
In section 235 of the 1992 Act (meaning of contract of employment and related expressions)—
for 234 there shall be substituted “ 234A ”; and
for the words and related expressions there shall be substituted the words “ and employer and other related expressions ”.
In section 237 of the 1992 Act (no right to complain of unfair dismissal in case of employee taking part in unofficial industrial action), after subsection (1) there shall be inserted—.
In section 238 of the 1992 Act (tribunal not to determine whether or not dismissal is fair where there is a lock-out or industrial action), after subsection (2) there shall be inserted—.
In section 254 of the 1992 Act (Certification Officer), after subsection (5) there shall be inserted—.
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in subsection (1), for the words “The Commissioner” there shall be substituted the words “Each of the Commissioners”,
in subsection (2), for the words “the Commissioner” there shall be substituted the words “one of the Commissioners”, and
in subsection (3)—
for the words “that office” there shall be substituted the words “office as one of the Commissioners”, and
for the words “his functions as the Commissioner” there shall be substituted the words “the functions of the office”.
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in subsection (1), for the words “the Commissioner” there shall be substituted the words “each of the Commissioners”,
in subsection (2), for the words “any holder of the office of Commissioner” there shall be substituted the words “any person who holds office as one of the Commissioners”, and
in subsection (3), for the words “the Commissioner” there shall be substituted the words “one of the Commissioners”.
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in subsection (1), for the words “The Commissioner” there shall be substituted the words “Each of the Commissioners”,
in subsection (2), for the words “the Commissioner” there shall be substituted the words “one of the Commissioners”,
in subsection (3)—
for the words “the Commissioner becomes the Commissioner” there shall be substituted the words “one of the Commissioners becomes one of the Commissioners”, and
for the words “the Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commissioner” there shall be substituted the words “Commissioner shall be treated for the purposes of the scheme as service as an employee”, and
in subsection (4), for the words “The Commissioner is not” there shall be substituted the words “Neither of the Commissioners is”.
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in subsection (1), for the words “The Commissioner” there shall be substituted the words “Each of the Commissioners”, and
in subsection (2)—
for the words “to the Commissioner” there shall be substituted the words “to each of the Commissioners”, and
for the words “by the Commissioner” there shall be substituted the words “by him”.
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in subsection (1), for the words “the Commissioner” there shall be substituted the words “each of the Commissioners”, and
in subsections (2) and (3), for the words “The Commissioner” there shall be substituted the words “Each of the Commissioners”.
In section 278 of the 1992 Act (House of Commons staff)—
after subsection (2) there shall be inserted—, and
“civil employment claim” means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person’s employment; and “the court” means the High Court or the county court.
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subsection (1) (appeal on question of law or fact in the case of section 174), and
in subsection (2) (appeal on question of law in the case of any other provision of 1992 Act) the words “any other provision of”,
In section 296 of the 1992 Act (meaning of worker and employer), after subsection (2) there shall be inserted—.
In section 299 of the 1992 Act (index of defined expressions)—
agent (of trade union)» section 119
the duty of confidentiality»section 24A(3)
financial affairs (of trade union)»section 119
Section 50.
An order under section 52 of this Act may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate. Nothing in the following provisions of this Schedule prejudices the generality of sub-paragraph (1) above. Nothing in this Schedule prejudices the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
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the day on which the deduction is made falls before the end of the period of one year beginning with the day on which section 15 comes into force, and
written notice from the worker stating that he does not wish such deductions to be made has not been received by the employer in time for it to be reasonably practicable for him to secure that the deduction is not made.
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section 94 of the 1978 Act, and
section 23 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965,
Notwithstanding the repeal of Part II of the Wages Act 1986 by section 35 of this Act, the provisions of that Part specified or referred to below shall continue to have effect, on and after the day appointed for the repeal (the appointed day), in accordance with the following provisions. Section 16 (effect and enforcement of wages orders under section 14) shall have effect in relation to a failure occurring or continuing on or after the appointed day to pay, with respect to any period ending before that day, an amount equal to or exceeding the statutory minimum remuneration as it has effect in relation to such a failure before the appointed day; and, subject to the following provisions, the other sections of Part II which relate to section 16 shall continue to have effect accordingly. Section 19(1) and (4) (obligation to keep records etc) shall have effect on and after the appointed day as if— and, subject to the following provisions, the other sections of Part II which relate to section 19 shall continue to have effect accordingly. Section 20 (wages inspectors) shall continue to have effect on and after the appointed day for the purposes of this paragraph; but— Paragraph 4 of Schedule 3 shall continue to have effect on and after the appointed day in relation to orders under section 14 made before that day. In the operation of any provision of Part II by virtue of this paragraph, references to a wages order applying shall have effect as references to an order under section 14 having applied at any time before the appointed day.
Section 51. Chapter or Number Title Extent of repeal or revocation 9 & 10 Eliz. 2 c. 34. Factories Act 1961. Section 117(5)(b). 1965 c. 19 (N.I.). Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965. Sections 23 and 23A. In section 29(1), the words (except section 23). Section 32(4). Section 54(2). In Schedule 5, paragraph 2. 1968 c. 73. Transport Act 1968. Section 94(10). 1969 c. 32. Finance Act 1969. In section 58(4), in the Table, the entries relating to a local education authority in England and Wales and an education authority in Scotland. 1970 c. 44. Chronically Sick and Disabled Persons Act 1970. Section 13(1). 1973 c. 50. Employment and Training Act 1973. In section 4(3)(e)(ii), the words a local education authority,. In section 4(5)(d), the words a local education authority or and by section 8 of this Act or, as the case may be,. 1975 c. 24. House of Commons Disqualification Act 1975. In Part III of Schedule 1, the first entry beginning Member of a Wages Council. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Part III of Schedule 1, the first entry beginning Member of a Wages Council. S.I. 1976/1043 (N.I. 16). Industrial Relations (Northern Ireland) Order 1976. In Schedule 5, in Part II, paragraphs 19, 20 and 23(3). 1978 c. 44. Employment Protection (Consolidation) Act 1978. Section 11(3) and (7). In section 18, in subsection (1), the words council or, subsection (2)(a), in subsection (3)(a), the words (a) or, and in subsection (5), the words council or. In section 53(4), the words against his employer. In section 55(5) and (6), , 64A. Section 64A. Section 93(4). Sections 94 and 95. In section 100(1), the words (except section 94). In section 123(4), the words , maternity pay under Part III of this Act. In section 128(4), the words paragraph 1 of. In section 133(1)(c), the words or claims. In section 138, in subsection (1) the words (so far as it relates to itemised pay statements) and in subsection (2) the words , subject to subsections (3) to (5),. In section 139(1), the words (so far as it relates to itemised pay statements). In section 146(4), the words 1, 4,. In section 149(1)(c), 64A(1),. In section 153, in subsection (1), the definitions of “confinement”, “expected week of confinement” and “original contract of employment” and subsection (3). In Schedule 9, in paragraph 1A(2)(a) the words person or and paragraph 8. In Schedule 12, paragraph 13. In Schedule 13, in paragraph 11(1), , 64A(1). In Schedule 15, paragraph 10(2). 1979 c. 36. Nurses, Midwives and Health Visitors Act 1979. In Schedule 7, paragraph 31. 1980 c. 42. Employment Act 1980. Section 8(1). Section 11. In Schedule 1, paragraphs 10, 21(a) and 32. 1980 c. 44. Education (Scotland) Act 1980. Sections 126 to 128. S.I. 1981/1794. Transfer of Undertakings (Protection of Employment) Regulations 1981. In Regulation 2(1), in the definition of “undertaking”, the words from but does not to the end. Regulation 11(7). 1982 c. 9. Agricultural Training Board Act 1982. In section 4(1)(f), the words or 8. 1982 c. 10. Industrial Training Act 1982. In section 5(3)(e), the words or 8. 1982 c. 46. Employment Act 1982. In Schedule 2, paragraphs 8(1) to (4) and (5)(a). 1986 c. 48. Wages Act 1986. Section 9(3). Part II. Section 31(a) and (b). In section 33, in subsection (2) the entries relating to sections 24 and 25(1) to (3), in subsection (4) the words from Part II (excluding to relating to Part II; and in subsection (7) the words from paragraphs 5 to thereto,. Schedules 2 and 3. In Schedule 4, paragraphs 5 to 7. In Schedule 6, paragraphs 1 to 8. 1986 c. 50. Social Security Act 1986. In Schedule 10, paragraph 75. 1988 c. 1. Income and Corporation Taxes Act 1988. In section 175(4), the words Part II of the Wages Act 1986,. 1989 c. 13. Dock Work Act 1989. Section 6(2). 1989 c. 24. Social Security Act 1989. In Schedule 5, paragraph 15. 1989 c. 38. Employment Act 1989. Section 13.In Schedule 6, paragraph 18. 1990 c. 35. Enterprise and New Towns (Scotland) Act 1990. In section 2(3), the word and at the end of paragraph (b). 1992 c. 24. Offshore Safety (Protection Against Victimisation) Act 1992. The whole Act. 1992 c. 52. Trade Union and Labour Relations (Consolidation) Act 1992. Section 24(4). In Section 32(3), the word and at the end of paragraph (b). In section 34(5), the second sentence. In section 43(1), the word and at the end of paragraph (b). In section 52(1), the word and at the end of paragraph (c). In section 65(2), the word or at the end of paragraph (d). In section 65(7), the word and following the definition of “contract of employment”. Section 67(9). In section 74(3), the word and at the end of the entry relating to section 77. In section 78(1), the word and at the end of paragraph (c). Sections 115 and 116. In section 118(4), the word and at the end of paragraph (c). In section 135(3), the word and at the end of paragraph (c). In section 154, the words and 64A. In section 188(4), the word and at the end of paragraph (d). Section 190(3). In section 209, the words from and in particular to the end. In section 246, the definition of “place of work”. In section 249(2), the first sentence. Section 256(4). Section 273(4)(c). In section 277(2), the words under those sections. Section 283. In section 288(1)(b), the word unreasonable. In section 290(e), the word unreasonable and the words where employment subject to union membership agreement. In section 291, subsection (1) and, in subsection (2), the words any other provision of. In section 299, the entries relating to the Commissioner and redundancy. In Schedule 2, paragraphs 15, 24(3) and 34(3).
“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.
The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified (which are miscellaneous amendments).
The enactments specified in Schedule 8 to this Act shall have effect subject to the amendments there specified (which are consequential amendments).
The transitional provisions and savings set out in Schedule 9 to this Act shall have effect.
The enactments mentioned in Schedule 10 to this Act (which include enactments which are unnecessary) are repealed, and the instruments mentioned in that Schedule are revoked, to the extent specified in the third column of that Schedule.
Subject to any other commencement provision, the preceding sections of, and the Schedules to, this Act shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different provisions and different purposes.
There shall be paid out of money provided by Parliament—
any expenditure of the Secretary of State under this Act, and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes to which this subsection applies—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The purposes to which subsection (1) above applies are purposes corresponding to those of—
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section 32,
section 34,
section 35,
sections 36, 38 and 39 and Schedule 6,
section 40, and
this Part (including Schedules 7, 8, 9 and 10).
The following provisions of this Act (and no others) extend to Northern Ireland—
section 3 and Schedule 1 (but only for the purposes of their application to trade unions and unincorporated employers’ associations having their head or main office outside Northern Ireland),
sections 33, 48, 49, 50, 51, 52 and 55 and this section,
paragraphs 2, 6 and 7 of Schedule 8,
paragraphs 1 and 4 of Schedule 9, and
Schedule 10 so far as it relates to enactments or instruments which extend there.
This Act may be cited as the Trade Union Reform and Employment Rights Act 1993.