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

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 19931, hereby makes the following Order:—

Citation and interpretation1

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 19782, and

ii

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

Commencement2

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 provisions3

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 ForsythMinister of State,Department of Employment

SCHEDULE 1Provisions coming into force forthwith

Article 2(1)

Provision

Subject matter of Provision

Section 49(1), so far as it relates to the amendments effected by Schedule 7 specified below

Miscellaneous amendments

Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below

Consequential amendments

Section 51, so far as it relates to the repeal specified in relation to Schedule 10 below

Repeals

In Schedule 7, paragraph 7

Miscellaneous amendments

In Schedule 8, paragraphs 28(b) and (c) and 30

Consequential amendments

In Schedule 10, the repeal in paragraph 1A(2)(a) of Schedule 9 to the 1978 Act of the words “person or”

Repeals

SCHEDULE 2Provisions coming into force on 30th November 1993

Article 2(2)

Provision

Subject matter of Provision

Section 26

Right to employment particulars

Section 27

Entitlement to itemised pay statement

Section 32

Right to declaration of invalidity of discriminatory terms and rules

Section 36, so far as it is not already in force

Constitution of industrial tribunals

Section 37

Constitution of Employment Appeal Tribunal

Section 42

Restriction 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 19733

Careers services

Section 49(1), so far as it is not already in force, except as provided in relation to Schedule 7 below

Miscellaneous amendments

Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below

Consequential amendments

Section 50, so far as it is not already in force

Transitional provisions and savings

Section 51, so far as it relates to the repeals specified in relation to Schedule 10 in the table below

Repeals

Schedule 4

Provisions 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 Act

Miscellaneous amendments

In Schedule 8, paragraphs 10, 22, 23, 25(b), and 85

Consequential amendments

Schedule 9, so far as it is not already in force

Transitional provisions and savings

In Schedule 10, the repeals specified in the table below

Repeals

TABLE

Chapter or number

Short title

Extent of repeal

1978 c. 44

Employment 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. 41

Employment Act 1982

In Schedule 2, paragraphs 8(1) to (4) and 5(a).

1989 c. 13

Dock Work Act 1989

Section 6(2)

1989 c. 38

Employment Act 1989

Section 13

In Schedule 6, paragraph 18.

1992 c. 52

Trade Union and Labour Relations (Consolidation) Act 1992

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

In Schedule 2, paragraph 24(3).

SCHEDULE 3

Article 2(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

Provision

Subject matter of Provision

Section 45, so far as it is not already in force

Careers services

Section 46

Careers services, ancillary services

Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below

Consequential amendments

Section 51, so far as it relates to the repeals specified in relation to Schedule 10 in the table below

Repeals

In Schedule 8, paragraphs 1, 3, 4, 5, 8, 9, 33 and 34

Consequential amendments

In Schedule 10, the repeals specified in the table below

Repeals

TABLE

Chapter

Short Title

Extent of Repeal

1969 c. 32

Finance Act

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,”.

1980 c. 44

Education (Scotland) Act 1980

Section 126 to 128.

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”.

(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).

(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):

Provision

Date 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).