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The Employment (Allocation of Tips) Act 2023 (Commencement No. 2) Regulations 2024
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Statutory Instruments
2024 No. 829 (C. 53)
TERMS AND CONDITIONS OF EMPLOYMENT
The Employment (Allocation of Tips) Act 2023 (Commencement No. 2) Regulations 2024
Made
25th July 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by section 14 of the Employment (Allocation of Tips) Act 2023(1).
Citation and extent
1.—(1) These Regulations may be cited as the Employment (Allocation of Tips) Act 2023 (Commencement No. 2) Regulations 2024.
(2) These Regulations extend to England and Wales and Scotland.
Interpretation
2. In these Regulations, “the 2023 Act” means the Employment (Allocation of Tips) Act 2023.
Provisions coming into force on 1st October 2024
3. The following provisions of the 2023 Act come into force on 1st October 2024, to the extent that they are not already in force—
(a)section 1 (tips, gratuities and service charges);
(b)section 2 (how tips etc must be dealt with);
(c)section 3 (independent troncs);
(d)section 4 (when tips etc must be dealt with);
(e)section 5 (agency workers);
(f)section 6 (information);
(g)section 7 (enforcement: dealing with tips etc);
(h)section 8 (enforcement: information);
(j)section 10 (general);
(k)section 11 (wages);
(l)section 12 (other amendments to employment legislation).
Justin Madders
Parliamentary Under-Secretary of State
Department for Business and Trade
25th July 2024
Explanatory Note
(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Employment (Allocation of Tips) Act 2023 (c. 13) (“the 2023 Act”). These are the second commencement regulations made under the 2023 Act, and bring into force the last remaining provisions of the 2023 Act. Certain provisions came into force on the passing of the 2023 Act.
Section 9 of the 2023 Act was brought into force on 31st July 2023 under the Employment (Allocation of Tips) Act 2023 (Commencement No. 1) Regulations 2023 (S.I. 2023/876) to enable the Secretary of State to issue a code of practice for the purpose of promoting fairness and transparency in the distribution of qualifying tips, gratuities and service charges (as defined in section 27C of the Employment Rights Act 1996 (c. 18)). Sections 1 to 8 and sections 10 to 12 of the 2023 Act were partially brought into force on 31st July 2023 for the same purpose only.
Regulation 3 commences the remainder of sections 1 to 8 and sections 10 to 12 of the 2023 Act, which will come into force on 1st October 2024.
NOTE AS TO EARLIER COMMENCEMENT Regulations
(This note is not part of the Regulations)
The following provisions of the Employment (Allocation of Tips) Act 2023 have been brought into force in England and Wales and Scotland by commencement Regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 31.7.2023 | 2023/876 |
| Section 2 (partially) | 31.7.2023 | 2023/876 |
| Section 3 (partially) | 31.7.2023 | 2023/876 |
| Section 4 (partially) | 31.7.2023 | 2023/876 |
| Section 5 (partially) | 31.7.2023 | 2023/876 |
| Section 6 (partially) | 31.7.2023 | 2023/876 |
| Section 7 (partially) | 31.7.2023 | 2023/876 |
| Section 8 (partially) | 31.7.2023 | 2023/876 |
| Section 9 | 31.7.2023 | 2023/876 |
| Section 10 (partially) | 31.7.2023 | 2023/876 |
| Section 11 (partially) | 31.7.2023 | 2023/876 |
| Section 12 (partially) | 31.7.2023 | 2023/876 |
(1)
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