The Employment Act 2002 (Commencement No. 4 and Transitional Provisions) Order 2003

Made22nd April 2003

The Secretary of State, in exercise of the powers conferred on her by section 55(2) and (3) of the Employment Act 20021 hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Employment Act 2002 (Commencement No. 4 and Transitional Provisions) Order 2003.

2

In this Order, “the Act” means the Employment Act 2002.

3

in this Order, “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 19922.

Commencement2

1

The following provisions of the Act shall come into force on 27th April 2003:

section 29(2) and (3);
section 30(3);
section 31(6) and (7);
section 32(7) to (10);
section 33(1) and (2); and
section 43.

2

Section 53 of the Act (minor and consequential amendments) shall come into force on 27th April 2003, so far as it relates to the following paragraphs of Schedule 7 to the Act—

a

paragraphs 19, 20, 21 and 22, and paragraph 18 so far as it relates to those paragraphs;

b

paragraph 23 so far as it relates to section 168A of the 1992 Act; and

c

paragraph 34, and paragraph 24 so far as it relates to paragraph 34.

Transitional provisions3

For the purposes of section 168A of the 1992 Act (inserted by section 43 of the Act), the requirements of subsection (3) of the section (notice to employer and training condition) shall be treated as being satisfied in relation to an employee if—

a

immediately before 27th April 2003 he has the function of carrying on any or all of the activities mentioned in section 168A(2) in relation to qualifying members of the union and has had that function for a continuous period of six months or more, and

b

he acquired that function by reason of being appointed or elected, in accordance with the rules of the union, to carry it on.

Alan Johnson,Minister of State for Employment Relations Industry and the RegionsDepartment of Trade and Industry22nd April 2003

(This note is not part of the Order)

This Order brings into force on the 27th April 2003 the provisions of the Employment Act 2003 (2002 c. 22) set out in Article 2.

The provisions in sections 29 to 33 of that Act are the powers for the Secretary of State to make secondary legislation in relation to the dispute resolution procedures contained in that Act and section 43 provides a right for time off for union learning representatives and a right for time off for access to union learning representatives.

Article 3 of the Order contains transitional provisions.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I.No.
Section 53 (partially) and Schedule 7, paragraph 50	31.07.02	2002/1989
Section 50 and Schedule 6, Section 53 (partially) and Schedule 7, paragraphs 8 (partially), 16 and 17 Section 54 and Schedule 8 (partially)	09.09.02	2002/2256
Sections 17, 18 and 20 Section 48(1)(b) and 2 Section 53 (partially) and Schedule 7, paragraphs 8 (partially), 12, 24 (partially), 28, 52 and 53	24.11.02	2002/2866
Chapter 1 of Part 1 of the Act Schedule 1 to the Act Section 53 (partially) and Schedule 7, paragraphs 1, 2 (partially), 3, 7, 8 (partially), 11, 13, 24 (partially), 25, 26, 29 to 31, 33, 35, 48 and 49 (partially)	08.12.02	2002/2866
Sections 19, 21, 41, 42 and 47 Section 48(1)(a) and (c) Section 53 (partially) and Schedule 7, paragraphs 2 (partially), 4 to 6, 8 (partially), 14, 18 (partially), 22, 23(2)(b) and (c), 23(1) (partially), 24 (partially), 27, 41 to 45, 47(1) and (2), 49 (partially) and 54	06.04.03	2002/2866