Employment Act 1990

12 Consequential revision or revocation of Codes of Practice. E+W+S

(1) A Code of Practice to which this section applies may be revised by the appropriate authority in accordance with this section for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.

“Statutory provisions” here means provisions made by or under an Act of Parliament, and “subsequent” statutory provisions means provisions coming into force after the Code was issued (whether before or after the commencement of this section).

(2) The Codes of Practice to which this section applies are—

(a) those issued under section 3 of the M1 Employment Act 1980, in relation to which the appropriate authority is the Secretary of State,

(b) those issued under section 6 of the M2 Employment Protection Act 1975, in relation to which the appropriate authority is the Advisory, Conciliation and Arbitration Service, and

(c) that having effect under paragraph 4 of Schedule 17 to that Act, in relation to which the appropriate authority is the Secretary of State.

(3) Where the Secretary of State proposes to revise a Code under this section, he shall lay a draft of the revised Code before each House of Parliament.

(4) Where the Advisory, Conciliation and Arbitration Service proposes to revise a Code under this section, it shall transmit a draft of the revised Code to the Secretary of State who shall—

(a) if he approves of it, lay the draft before each House of Parliament;

(b) if he does not approve of it, publish details of his reasons for withholding approval.

(5) If within the period of 40 days beginning with the day on which a copy of a draft is laid before each House of Parliament under subsection (3) or (4), or, if such copies are laid on different days, with the later of the two days, either House so resolves, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.

In reckoning the period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(6) If no such resolution is passed the appropriate authority shall issue the Code in the form of the draft and it shall come into effect on such day as the Secretary of State may appoint by order made by statutory instrument.

(7) A Code of Practice to which this section applies may be revoked by the Secretary of State by order made by statutory instrument; but no such order shall be made—

(a) in the case of a Code in relation to which the Advisory, Conciliation and Arbitration Service is the appropriate authority, except at the request of the Service, and

(b) in any case, unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(8) If the Advisory, Conciliation and Arbitration Service requests the Secretary of State to revoke a Code of Practice in relation to which it is the appropriate authority and he decides not to do so, he shall publish details of his reasons for his decision.

(9) An order under subsection (6) or (7) may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate.

Subordinate Legislation Made

P1 S. 12: s. 12(6): power exercised by S.I. 1991/989

Marginal Citations

M1 1980 c. 42.

M2 1975 c. 71.