Section 20.

SCHEDULE 1U.K. Minor and Consequential Amendments

The Post Office Act 1969.E+W+S

1In section 81(1) of the M1Post Office Act 1969 (exclusion of road haulage workers employed by the Post Office from the workers in relation to whom wages councils may operate) the words from the beginning to “the Road Haulage Wages Act 1938 ; and” shall cease to have effect.

The Trade Union and Labour Relations Act 1974E+W+S

2In Schedule 1 to the 1974 Act, paragraph 32(2)(a) shall cease to have effect.

3In Schedule 2 to the 1974 Act, in paragraph 32(1) (periodical re-examination of member’s superannuation schemes) at the beginning there shall be inserted the words “ Subject to paragraph 33A below ” and after paragraph 33 there shall be inserted—

The Certification Officer, on the application of trade union or employer’s association, may exempt any members’ superannuation scheme which it maintains from the requirements of paragraph 32 above if he is satisfied that, by reason of the small number of members to which the scheme is applicable or for any other special reasons, it is necessary for the scheme to be examined in accordance with those requirements.

The Certification Officer may at any time revoke any exemption granted under pargraph 33A above if it appears to him that the circumstances by reason of which the exemption was granted have ceased to exist ; and for the purposes of paragraph 32 above the relevant date next following the revocation shall be such date as the Certification Officer may direct.”

The M2Employment Protection Act 1975U.K.

4In section 6 of the 1975 Act, after subsection (10) there shall be inserted—

“(10A)If the Service is of the opinion that the provisions of a Code of Practice to be issued under this section will supersede the whole or part of a Code previously issued by it under this section or by the Secretary of State under section 3 of the Employment Act 1980, it shall in the new Code state that on the day on which the new Code comes into effect in pursuance of an order under subsection (5) or (8) above the old Code or a specified part of it shall cease to have effect (subject to any transitional provisions or savings made by the order).”

5In section 12(1) of the 1975 Act for the words “98 to” there shall be inserted the words “ 99 to ”.

6In section 126(1) of the 1975 Act, in the definition of “recognition”, for the words from “has” to “above” there shall be substituted the words “ in relation to a trade union, means the recognition of the union by an employer, or two or more associated employers, to any extent, for the purposes of collective bargaining ”.

7In section 127(1) of the 1975 Act, after pargraph (f) there shall be inserted—

“(ff)the Employment Act 1980 ; and”.

The Employment Protection (Consolidation) Act 1978E+W+S

8In section 15(5) of the 1978 Act, for the words “relevant periods” there shall be substituted the words “ length of the period ”.

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10In section 55(5) of the 1978 Act, after “64(1)(a)” there shall be inserted “ 64A ”.

11In section 56 of the 1978 Act, after the word “then” there shall be inserted the words “ subject to section 56A ”.

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13In section 66 of the 1978 Act (revocation of exclusion orders under section 65)—

(a)subsection (1) shall cease to have effect ; and

(b)in subsection (2) for the words from “on” to “satisfied” there shall be substituted the words “at any time when an order under section 65 is in force in respect of a dismissal proceedures agreement the Secretary of State is satisfied, whether on an application by any of the parties to the agreement or otherwise,”

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16In section 128(4) of the 1978 Act, after the word “references” there shall be inserted the word “ applications ”.

17In section 133(1) of the 1978 Act, in paragraph (a) after “31” there shall be inserted “ 31A ”, and after paragraph (c) there shall be inserted—

“or

(d)arising out of a contravention, or alleged contravention, of section 4 of the Employment Act 1980.”.

18In section 134 of the 1978 Act, for subsection (3) there shall be substituted—

“(3)Where—

(a)a person claims that action has been taken in respect of which a complaint could be presented by him under section 67, and

(b)before any complaint relating to that action has been so presented, a request is made to the conciliation officer (whether by that person or by the employer) to make his services available to them,

the conciliation officer shall act in accordance with subsections (1) and (2) above as if a complaint had been presented.”

19In section 136(5) of the 1978 Act, after the words “subsection (1)” there shall be inserted the words “ or under section 2, 4 or 5 of the Employment Act 1980 ”.

20In section 140 of the 1978 Act (restrictions on contracting out of the 1978 Act) subsection (2)(b) shall cease to have effect.

21In section 149 of the 1978 Act—

(a)in subsection (1)(c), after “64(1)” there shall be inserted “ 64A(1) ”;

(b)in subsection (2), after “58” there shall be inserted “ 58A ”.

22In section 154 of the 1978 Act (orders, rules and regulations)—

(a)in subsection (1) the words “or an order under section 65 or 66” shall cease to have effect ; and

(b)in subsection (4) for the words from “section 96” to the end there shall be substituted the words “ section 65, 66 and 96 ”.

23In the subsection set out in paragraph 2(1) of Schedule 2 to the 1978 Act, for the words from “the employer can” to the end there shall be substituted the words “ in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer would have been acting reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee if she had not been absent from work ; and that question shall be determined in accordance with equity and the substantial merits of the case ”

24In paragraphs 2(4) and 6(3) of Schedule 2 to the 1978 Act, for “58(3)” there shall be substituted “ 58(3) to (3E), 58A ”

25In paragraph 5 of Schedule 3 to the 1978 Act, for the words “or31” there shall be substituted the words “ 31 or 31A ”.

26In paragraph 1(2)(a) of Schedule 9 to the 1978 Act, after the word “question” there shall be inserted the word “ application ”.

27In paragraph 7 of Schedule 9 to the 1978 Act, for sub-paragraph (2) there shall be substituted—

“(2)Any order for the payment of any sum made by an industrial tribunal in Scotland (or any copy of such an order certified by the Secretary of the Tribunals) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of any Sheriffdom in Scotland.”

28In paragraph 18 of Schedule 11 to the 1978 Act, after sub-paragraph (a) there shall be inserted—

“(aa)with respect to the manner in which an application to the Appeal Tribunal under the Employment Act 1980 may be made;”

and after sub-paragraph (c) there shall be inserted

“(d)for the registration and proof of any award made on an application to the Appeal Tribunal under section 5 of the Employment Act 1980.”.

29After paragraph 21 of Schedule 11 to the 1978 Act there shall be inserted—

“21A(1)Any sum payable in England and Wales in pursuance of an award of the Appeal Tribunal under section 5 of the Employment Act 1980 which has been registered in accordance with the rules shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under a order of that court.

(2)Any order by the Appeal Tribunal for the payment in Scotland of any sum in pursuance of such an award (or any copy of such an order certified by the Secretary of the Tribunlas) may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the Sheriff Court of ant Sheriffdom in Scotland.”

30E+W+S[F5In paragraph 23(1) of Schedule 11 of the 1978 Act, for the words from “section 14” to “those provisions” there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines and forfeited recognisances) shall have effect as if ”.]

31In paragraph 10 of Schedule 13 to the 1978 Act, for the words “section 47” there shall be substituted the words “ section 45(1) or in pursuance of an offer made in the circumstances described in section 56A(2) ”.

32In paragraph 11 of Schedule 13 to the 1978 Act, after “64(1)(a)” there shall be inserted “ 64A(1) ”.

33In paragraph 7(1) of Schedule 14 to the 1978 Act, after paragraph (c) there shall be inserted—

“(cc)where the calculation is for the purposes of section 31A the day of the appointment concerned ;”.