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The Trade Union Reform and Employment Rights Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

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Statutory Instruments

1993 No. 2503 (C.52)

TRADE UNIONS

TERMS AND CONDITIONS OF EMPLOYMENT

The Trade Union Reform and Employment Rights Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

Made

15th October 1993

The Secretary of State, in exercise of the powers conferred on him by section 52 of, and paragraph 1 of Schedule 9 to, the Trade Union Reform and Employment Rights Act 1993(1), hereby makes the following Order:—

Citation and interpretation

1.—(1) This Order may be cited as the Trade Union Reform and Employment Rights Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993.

(2) In this Order—

(i)“the 1978 Act” means the Employment Protection (Consolidation) Act 1978(2), and

(ii)“the 1993 Act” means the Trade Union Reform and Employment Rights Act 1993.

Commencement

2.—(1) The provisions of the 1993 Act which are specified in Schedule 1 to this Order shall come into force forthwith.

(2) The provisions of the 1993 Act which are specified in Schedule 2 to this Order shall come into force on 30th November 1993.

(3) The provisions of the 1993 Act which are specified in Schedule 3 to this Order shall come into force:—

(a)in relation to England and Scotland, on 1st April 1994, and

(b)for all other purposes, on 1st April 1995.

Transitional provisions

3.  The amendments of the 1978 Act made by section 36 of the 1993 Act (constitution of industrial tribunals) shall only apply in relation to cases in which the date of the hearing of the originating application is first fixed on or after 30th November 1993.

Signed by order of the Secretary of State.

Michael Forsyth

Minister of State,

Department of Employment

15th October 1993

Article 2(1)

SCHEDULE 1Provisions coming into force forthwith

ProvisionSubject matter of Provision
Section 49(1), so far as it relates to the amendments effected by Schedule 7 specified belowMiscellaneous amendments
Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified belowConsequential amendments
Section 51, so far as it relates to the repeal specified in relation to Schedule 10 belowRepeals
In Schedule 7, paragraph 7Miscellaneous amendments
In Schedule 8, paragraphs 28(b) and (c) and 30Consequential amendments
In Schedule 10, the repeal in paragraph 1A(2)(a) of Schedule 9 to the 1978 Act of the words “person or”Repeals

Article 2(2)

SCHEDULE 2Provisions coming into force on 30th November 1993

ProvisionSubject matter of Provision
Section 26Right to employment particulars
Section 27Entitlement to itemised pay statement
Section 32Right to declaration of invalidity of discriminatory terms and rules
Section 36, so far as it is not already in forceConstitution of industrial tribunals
Section 37Constitution of Employment Appeal Tribunal
Section 42Restriction of vexatious proceedings
Section 45, so far as it relates to the provisions to be substituted as section 10(7) of the Employment and Training Act 1973(3)Careers services
Section 49(1), so far as it is not already in force, except as provided in relation to Schedule 7 belowMiscellaneous amendments
Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified belowConsequential amendments
Section 50, so far as it is not already in forceTransitional provisions and savings
Section 51, so far as it relates to the repeals specified in relation to Schedule 10 in the table belowRepeals
Schedule 4Provisions substituted for sections 1 to 6 of the 1978 Act
Schedule 7, so far as it is not already in force, except to the extent that paragraphs 3(b), 5 and 6(b) relate to section 60 of the 1978 ActMiscellaneous amendments
In Schedule 8, paragraphs 10, 22, 23, 25(b), and 85Consequential amendments
Schedule 9, so far as it is not already in forceTransitional provisions and savings
In Schedule 10, the repeals specified in the table belowRepeals

TABLE

Chapter or numberShort titleExtent of repeal
1978 c. 44Employment Protection (Consolidation) Act 1978

Section 11(3) and (7).

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),”, so far as they relate to subsections (4) and (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 Schedule 9, paragraph 8.

1982 c. 41Employment Act 1982In Schedule 2, paragraphs 8(1) to (4) and 5(a).
1989 c. 13Dock Work Act 1989Section 6(2)
1989 c. 38Employment Act 1989

Section 13

In Schedule 6, paragraph 18.

1992 c. 52Trade Union and Labour Relations (Consolidation) Act 1992

In section 277(2) the words “under those sections”.

In Schedule 2, paragraph 24(3).

Article 2(3)

SCHEDULE 3

Provisions coming into force—

(a)in relation to England and Scotland on 1st April 1994, and

(b)for all other purposes, on 1st April 1995

ProvisionSubject matter of Provision
Section 45, so far as it is not already in forceCareers services
Section 46Careers services, ancillary services
Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified belowConsequential amendments
Section 51, so far as it relates to the repeals specified in relation to Schedule 10 in the table belowRepeals
In Schedule 8, paragraphs 1, 3, 4, 5, 8, 9, 33 and 34Consequential amendments
In Schedule 10, the repeals specified in the table belowRepeals

TABLE

ChapterShort TitleExtent of Repeal
1969 c. 32Finance ActIn 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. 44Chronically Sick and Disabled Persons Act 1970Section 13(1)
1973 c. 50Employment 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,”.

1980 c. 44Education (Scotland) Act 1980Section 126 to 128.
1982 c. 9Agricultural Training Board Act 1982In section 4(1)(f), the words “or 8”.
1982 c. 10Industrial Training Act 1982In section 5(3)(e), the words “or 8”.

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Trade Union Reform and Employment Rights Act 1993 as follows—

(a)the provisions specified in Schedule 1 to the Order, which relate to the making of regulations concerning the rules of procedure before the Employment Appeal Tribunal and industrial tribunals, are to come into force forthwith,

(b)the provisions specified in Schedule 2 to the Order are to come into force on 30th November 1993, and

(c)the provisions specified in Schedule 3 to the Order are to come into force in relation to England and Scotland on 1st April 1994 and for all other purposes, on 1st April 1995.

Section 26 of and Schedule 4 to the 1993 Act (brought into force by Schedule 2 to this Order) implement Council Directive 91/533/EEC (OJL 288 18/10/91 Page 32).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Trade Union Reform and Employment Rights Act 1993 were brought into force by the Trade Union Reform and Employment Rights Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993 (S.I. 1993/1908):

ProvisionDate of commencement
Part 1 (except sections 7, 8, 9 and 14) sections 24 (partially), 28, 29, 30, 33, 34, 35, 36 (partially), 38, 39, 40, 41, 43, 44, 47, 48, 49 (partially), 50 (partially) and 51 (partially) and Schedules 1, 5, 6, 7 (partially), 8 (partially), 9 (partially) and 10 (partially)30th August 1993
Sections 14, 49 (partially) and 51 (partially) and Schedules 8 (partially) and 10 (partially)30th November 1993
Sections 8, 9, 49 (partially) and 51 (partially) and Schedules 8 (partially) and 10 (partially)1st January 1994
Sections 7(2) and (3) and 51 (partially) and Schedule 10 (partially)1st April 1996

Section 7(1) will come into force on 1st April 1996 under the provisions of section 7(4).

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