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Employment Tribunals Act 1996
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Changes over time for: Section 41
Changes to legislation:
Employment Tribunals Act 1996, Section 41 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 41:
- s. 7A(2F) inserted by 2022 c. 35 Sch. 4 para. 1(2)
- s. 29A(11) inserted by 2022 c. 35 Sch. 4 para. 1(3)
- s. 30A inserted by 2022 c. 35 Sch. 5 para. 19
- Sch. A1 para. 21A inserted by 2022 c. 35 Sch. 4 para. 1(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7A(2F) inserted by 2022 c. 35 Sch. 4 para. 1(2)
- s. 29A(11) inserted by 2022 c. 35 Sch. 4 para. 1(3)
- s. 30A inserted by 2022 c. 35 Sch. 5 para. 19
- Sch. A1 para. 21A inserted by 2022 c. 35 Sch. 4 para. 1(4)
41 Orders, regulations and rules.E+W+S
(1)Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.
[F1(1A)No recommendation may be made to Her Majesty to make an Order in Council under section 38(4) unless a draft of the Order in Council has been laid before Parliament and approved by a resolution of each House of Parliament.]
(2)[F2A statutory instrument containing—
(a)an order under] section 3 F3... [F4, 12A(12)] F3... or 40,
[F5[F6(b)regulations under] section [F74, 28,] 37N, 37O or 37Q(5),] [F8, or
(c)regulations under section 37QB that amend or repeal provision made by an Act,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]
(3)A statutory instrument containing—
(a)an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or
(b)[F9any other regulations] or rules made under this Act,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.
[F10(5)This section does not apply in relation to Procedure Rules (the procedure for which is provided for by Schedule A1).]
Textual Amendments
F1S. 41(1A) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(2); S.I. 2023/1194, reg. 2(f)
F2Words in s. 41(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(3)(a); S.I. 2023/1194, reg. 2(f)
F3Words in s. 41(2) omitted (7.11.2023) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 35(4)(a), 51(4) (with s. 36); S.I. 2023/1194, reg. 2(b) (with reg. 3)
F4Word in s. 41(2) inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 4 (with s. 24(5), Sch. 3 para. 4(2)); S.I. 2014/253, art. 3(h)
F5Words in s. 41(2) inserted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(5)(b), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
F6Words in s. 41(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(3)(b); S.I. 2023/1194, reg. 2(f)
F7Words in s. 41(2) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 35(4)(b), 51(4) (with s. 36); S.I. 2023/1194, reg. 2(b) (with reg. 3)
F8Words in s. 41(2) substituted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(3)(c); S.I. 2023/1194, reg. 2(f)
F9Words in s. 41(3)(b) substituted (6.4.2016) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(5)(c), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
F10S. 41(5) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 25(4); S.I. 2023/1194, reg. 2(f)
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