The Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) Order 2013

Article 2(c)

SCHEDULE 1 Repeals and revocations coming into force on 25th June 2013

1.  The Agricultural Wages Act 1948, sections 1, 2(4), 3, 6(8), 7(1) and 16, Schedule 1, paragraphs 1 to 7 and Schedule 4.

2.  The Public Records Act 1958(1).

3.  The Parliamentary Commissioner Act 1967(2).

4.  The Agriculture Act 1967(3).

5.  The Social Security (Consequential Provisions) Act 1975(4).

6.  The House of Commons Disqualification Act 1975(5).

7.  The Northern Ireland Assembly Disqualification Act 1975(6).

8.  The Social Security Pensions Act 1975(7).

9.  The Employment Protection Act 1975, section 97(1), Schedule 9, Part 1 and paragraph 6 of Part 2, and Schedule 17, paragraph 12(8).

10.  The Agriculture (Miscellaneous Provisions) Act 1976(9).

11.  The Social Security (Consequential Provisions) Act 1992(10).

12.  The National Minimum Wage Act 1998(11), Schedule 2, paragraph 2.

13.  The Freedom of Information Act(12).

14.  The Public Contracts Regulations 2006(13).

Article 3(b)

SCHEDULE 2 Repeals and revocations coming into force on 1st October 2013

1.  The Agricultural Wages Act 1948, sections 3A, 4, 6(1) to (7), 7(3), 8, 9(1), 10 to 12, 15A, 17(1), 17(1A) and 17A(14).

2.  The Agriculture (Miscellaneous Provisions) Act 1968(15).

3.  The Employment Protection Act 1975, section 97(2) and Part 2 of Schedule 9 so far as that Part is still in force(16).

4.  The Employment Rights Act 1996(17).

5.  The National Minimum Wage Act 1998, sections 16(6), 16A(5), 46(4)(a), 47, 55(1) and Part 1 of Schedule 2 so far as that Part is still in force(18).

6.  The National Minimum Wage Regulations 1999(19).

7.  The Criminal Justice Act 2003(20).

8.  The Employment Relations Act 2004(21).

9.  The Employment Act 2008(22).

Article 4(4)

SCHEDULE 3 Saving provisions in relation to the Agricultural Wages Act 1948

1.  Section 3A (enforcement) in relation to—

(a) the application of the following sections of the National Minimum Wage Act 1998, as modified by subsections (3), (3A) and (4) of that section 3A—

(i) sections 9 to 11 (records);

(ii) section 14 (powers of officers);

(iii) sections 17 and 19 to 19H (enforcement of right to national minimum wage);

(iv) sections 23 and 24 (right not to suffer detriment);

(v) section 24 (enforcement of the right not to suffer detriment);

(vi) section 28 (evidence: reversal of burden of proof in civil proceedings);

(vii) sections 31 to 33 (offences);

(viii) section 48 (superior employers);

(ix) section 49 (restriction on contracting out); and

(b) the application of section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage), as modified by subsection (5) of that section 3A.

2.  Section 4 (enforcement of holiday orders).

3.  Section 6(1) to (7) (provisions as to learners).

4.  Section 7(3) (direction by agricultural wages committee as to the amount at which value of house or part of house is to be reckoned).

5.  Section 11A (appointment of officers)(23).

6.  Section 12 (powers of officers).

7.  Section 15 (evidence of resolutions and orders of the Agricultural Wages Board and agricultural wages committees).

8.  Section 15A (information obtained by national minimum wage officers)(24).

9.  Section 17A (relationship between the 1948 Act and the 1998 Act)(25).

10.  Section 19 (criminal liability of agents and special defence open to employer).

(1)

1958 c. 51.

(2)

1967 c. 13.

(3)

1967 c. 22.

(4)

1975 c. 18.

(5)

1975 c. 24.

(6)

1975 c. 25.

(7)

1975 c. 60.

(8)

1975 c. 71.

(9)

1976 c. 55.

(10)

1992 c. 6.

(11)

1998 c. 39.

(12)

2000 c. 36.

(13)

S.I. 2006/5, to which there are amendments not relevant to this Order.

(14)

1948 c. 47 (11 & 12 Geo 6); sections 3A, 15A, 17(1A) and 17A were inserted by the National Minimum Wage Act 1998, Schedule 2, paragraphs 3, 8, 9(3) and 10 respectively.

(15)

1968 c. 34.

(16)

Schedule 9, Part 2, paragraph 2 was repealed by S.I. 2004/2178, Part 1 of the Schedule and paragraph 6 is repealed on 25th June 2013 (see paragraph 9 of Schedule 1 to this Order).

(17)

1996 c. 18.

(18)

1998 c. 39; section 16A was inserted by the Employment Relations Act 2004 (c. 24), section 44. Schedule 2, paragraph 2 is repealed on 25th June 2013 (see paragraph 12 of Schedule 2 to this Order) and paragraphs 5 and 6 were repealed by S.I. 2004/2178, Part 1 of the Schedule, and the Statute Law (Repeals) Act 2004 (c. 14), Schedule 1, Part 2 (Group 2 – General Repeals) respectively.

(19)

S.I. 1999/584; relevant amending instruments are S.I. 2004/1930 and 2010/1901.

(20)

2003 c. 44.

(21)

2004 c. 24.

(22)

2008 c. 24.

(23)

Section 11A was inserted by the Employment Relations Act 2004, section 47(1) and (3).

(24)

Section 15A was inserted by the National Minimum Wage Act 1998, Schedule 2, paragraph 8.

(25)

Section 17A was inserted by the National Minimum Wage Act 1998, Schedule 2, paragraph 10.