The Code of Practice (Reasonable Steps for Trade Unions) Order 2023

Statutory Instruments

2023 No. 1333

TRADE UNIONS

The Code of Practice (Reasonable Steps for Trade Unions) Order 2023

Made

6th December 2023

Laid before Parliament

7th December 2023

Coming into force

8th December 2023

The Secretary of State makes this Order in exercise of the powers conferred by section 204(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”)(1).

Under section 203(1)(a) of the 1992 Act, the Secretary of State may issue Codes of Practice containing such practical guidance as the Secretary of State thinks fit for the purpose of promoting the improvement of industrial relations.

Under section 203(1)(a) of the 1992 Act, the Secretary of State proposed to issue a Code of Practice on Reasonable Steps to be taken by a Trade Union (minimum service levels) (“the Code of Practice on Reasonable Steps”).

Under section 204(1) of the 1992 Act, the Secretary of State, after consultation with the Advisory, Conciliation and Arbitration Service, prepared and published a draft of the Code of Practice on Reasonable Steps.

Under section 204(1) of the 1992 Act, the Secretary of State considered representations made to the Secretary of State about the draft of the Code of Practice on Reasonable Steps and modified the draft accordingly.

Under section 204(2) of the 1992 Act, the Secretary of State laid the draft of the Code of Practice on Reasonable Steps before both Houses of Parliament, the draft was approved by resolution of each House of Parliament and the Secretary of State is issuing the Code of Practice on Reasonable Steps in the form of that draft.

Citation, commencement and extent

1.—(1) This Order may be cited as the Code of Practice (Reasonable Steps for Trade Unions) Order 2023.

(2) This Order comes into force on 8th December 2023.

(3) This Order extends to England and Wales and Scotland.

Appointed day for the Code of Practice on Reasonable Steps

2.—(1) The Code of Practice on Reasonable Steps comes into effect on 8th December 2023.

(2) In paragraph (1) “The Code of Practice on Reasonable Steps” means the Code of Practice issued by the Secretary of State under sections 203(1)(a) and 204(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 on Reasonable Steps to be taken by a Trade Union (minimum service levels) which was laid in draft before both Houses of Parliament on 13th November 2023 and approved by a resolution of the House of Commons on 28th November 2023 and by a resolution of the House of Lords on 6th December 2023.

Kevin Hollinrake

Parliamentary Under Secretary of State

Department for Business and Trade

6th December 2023

Explanatory Note

(This note is not part of the Order)

This Order brings into effect, on 8th December 2023, the Code of Practice issued by the Secretary of State under sections 203(1)(a) and 204(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 on Reasonable Steps to be taken by a Trade Union (minimum service levels) (“the Code of Practice on Reasonable Steps”). The Code of Practice on Reasonable Steps provides practical guidance for the purpose of promoting the improvement of industrial relations, in relation to the reasonable steps trade unions should take in order to comply with section 234E of that Act. It is available at https://www.gov.uk/government/publications/reasonable-steps-to-be-taken-by-a-trade-union-code-of-practice. A copy may also be inspected by contacting the Department for Business and Trade.

A full impact assessment has not been prepared for this Order or the Code of Practice on Reasonable Steps because impacts on trade unions and other relevant bodies have been considered in the impact assessment produced in relation to the Strikes (Minimum Service Levels) Act 2023, which is available at https://bills.parliament.uk/bills/3396/publications. A copy may also be inspected by contacting the Department for Business and Trade.

(1)

1992 c. 52