Employment Protection Act 1975

Section 125

SCHEDULE 17E+W+S Transitional Provisions

1Subject to any express provision made in any of the following paragraphs of this Schedule, in so far as anything done or treated as done under any enactment replaced or amended by any provision of this Act, could have been done under that provision or, as the case may be, that enactment as amended, then it shall on the commencement of that provision have effect as if done under that provision or, as the case may be, that enactment as so amended.

2Where any action has been taken by a conciliation officer under paragraph 26(2) to (5) of Schedule 1 to the 1974 Act before the commencement of section 2 above, that action shall on the commencement of that section be treated as if it had been taken by a conciliation officer appointed under that section.

3Any matter which immediately before the commencement of section 10(2) above stood referred to the Industrial Arbitration Board under section 2(2) of the M1Industrial Courts Act 1919 or section 13 of the M2National Health Service (Amendment) Act 1949 shall be treated as if it had been referred to the Committee by the Service under section 3(1) above.

4(1)The Code of Practice in effect under Part I of Schedule 1 to the 1974 Act immediately before the repeal of that Part by this Act shall remain in effect and shall be taken into account in industrial tribunal proceedings in accordance with paragraph 3 of that Schedule, notwithstanding that repeal, until it is superseded in accordance with sub-paragraph (2) below by one or more Codes of Practice issued by the Service under section 6 above.

(2)If on issuing any Code of Practice under section 6 above the Service is of the opinion that the code of practice continued in effect by sub-paragraph (1) above, or any part of that code, should cease to have effect by reason of being superseded by the provisions of the Code of Practice under section 6 above, the Service shall state in the new Code of Practice that the old code, or a specified part is so superseded and that old code, or part, shall cease to have effect on the date on which the new Code comes into effect in pursuance of an order by the Secretary of State under section 6(8) above.

(3)Without prejudice to any other power to make transitional and other supplementary or incidental provisions in an order under the said section, such an order may contain such transitional provision or savings as appear to the Secretary of State to be necessary or expedient in connection with any provisions of the code of practice under Part I of Schedule 1 to the 1974 Act which ceases to have effect on the day appointed by that order.

5(1)Anything done before the commencement of section 7 above by, to or in relation to the Chief Registrar of Friendly Societies or any assistant registrar under any of the Acts referred to in section 7(2) above, shall be treated on the commencement of that section as having been done by, to or in relation to the Certification Officer.

(2)In particular, sub-paragraph (1) above applies to the following things done under any such Act, that is to say,—

• any complaint presented;

• any application, determination, registration, order, entry, return, report, or requirement made;

• any certificate, approval, notice, direction or exemption given.

6Anything done before the commencement of section 10(2) above by, to or in relation to the Industrial Arbitration Board under any enactment in which by virtue of that subsection references to the Industrial Arbitration Board (whether by that or any other name) are to be construed as references to the Central Arbitration Committee, shall be treated after the commencement of that subsection as if they had been done by, to or in relation to the Committee.

7—10.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

12E+W+SAn order under . . . F3 section 3 of the M3Agricultural Wages Act 1948 or section 3 of the M4Agricultural Wages (Scotland) Act 1949 (as substituted, in each case, by this Act) which may have effect as from a date earlier than the date of the order, shall not have effect from a date earlier than the commencement of the provision of this Act effecting that substitution.

13E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

14E+W+SWhere any provision of this Act increases the penalty for an offence under any other enactment, that increase shall not have effect in relation to an offence committed before the commencement of the relevant provision.

15E+W+SThe repeals effected by section 111 above—

(a)in the case of subsection (1) of that section, shall not confer or affect any right to unemployment benefit in respect of any day before the commencement of that subsection, and

(b)in the case of subsection (2) of that section, shall not affect the manner in which any person’s requirements or resources are to be ascertained in relation to any period beginning before the commencement of that subsection.

16, 17.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

18E+W+SAny enactment or document which refers, whether specifically or by means of a general description, to an enactment which is replaced or amended by any provision of this Act, shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.

19E+W+SNothing in this Schedule shall be construed as prejudicing [F6sections 16(1) and 17(2)(a) of the M5Interpretation Act 1978] (effect of repeals).