Employment Protection Act 1975

Section 125.

SCHEDULE 17 Transitional Provisions

1 Subject to any express provision made in any of the following paragraphs of this Schedule, in so far as anything done or treated as done under any enactment replaced or amended by any provision of this Act, could have been done under that provision or, as the case may be, that enactment as amended, then it shall on the commencement of that provision have effect as if done under that provision or, as the case may be, that enactment as so amended.

2 Where any action has been taken by a conciliation officer under paragraph 26(2) to (5) of Schedule 1 to the 1974 Act before the commencement of section 2 above, that action shall on the commencement of that section be treated as if it had been taken by a conciliation officer appointed under that section.

3 Any matter which immediately before the commencement of section 10(2) above stood referred to the Industrial Arbitration Board under section 2(2) of the [1919 c. 69.] Industrial Courts Act 1919 or section 13 of the [1949 c. 93.] National Health Service (Amendment) Act 1949 shall be treated as if it had been referred to the Committee by the Service under section 3(1) above.

4 (1) The Code of Practice in effect under Part I of Schedule 1 to the 1974 Act immediately before the repeal of that Part by this Act shall remain in effect and shall be taken into account in industrial tribunal proceedings in accordance with paragraph 3 of that Schedule, notwithstanding that repeal, until it is superseded in accordance with sub-paragraph (2) below by one or more Codes of Practice issued by the Service under section 6 above.

(2) If on issuing any Code of Practice under section 6 above the Service is of the opinion that the code of practice continued in effect by sub-paragraph (1) above, or any part of that code, should cease to have effect by reason of being superseded by the provisions of the Code of Practice under section 6 above, the Service shall state in the new Code of Practice that the old code, or a specified part is so superseded and that old code, or part, shall cease to have effect on the date on which the new Code comes into effect in pursuance of an order by the Secretary of State under section 6(8) above.

(3) Without prejudice to any other power to make transitional and other supplementary or incidental provisions in an order under the said section, such an order may contain such transitional provision or savings as appear to the Secretary of State to be necessary or expedient in connection with any provisions of the code of practice under Part I of Schedule 1 to the 1974 Act which ceases to have effect on the day appointed by that order.

5 (1) Anything done before the commencement of section 7 above by, to or in relation to the Chief Registrar of Friendly Societies or any assistant registrar under any of the Acts referred to in section 7(2) above, shall be treated on the commencement of that section as having been done by, to or in relation to the Certification Officer.

(2) In particular, sub-paragraph (1) above applies to the following tilings done under any such Act, that is to say.—

• any complaint presented;

• any application, determination, registration, order, entry, return, report, or requirement made ;

• any certificate, approval, notice, direction or exemption given.

6 Anything done before the commencement of section 10(2) above by, to or in relation to the Industrial Arbitration Board under any enactment in which by virtue of that subsection references to the Industrial Arbitration Board (whether by that or any other name) are to be construed as references to the Central Arbitration Committee, shall be treated after the commencement of that subsection as if they had been done by, to or in relation to the Committee.

7 (1) Sections 29(4), 33, 34, 51 and 71 to 80 above and the provisions of Part III of Schedule 16 to this Act so far as they amend Schedule 1 to the 1974 Act as respects the law relating to unfair dismissal, shall apply to a dismissal where the effective date of termination in relation to that dismissal falls on or after the commencement of the relevant provision.

(2) The provisions of paragraphs 17(2) and (3) and 19 of Schedule 1 to the 1974 Act shall, notwithstanding the repeal of those provisions by this Act, continue to apply to dismissals where the effective date of termination falls before the commencement of sections 71 to 76 above.

(3) Where the notice required to be given by an employer to terminate a contract of employment by section 1(1) of the [1972 c. 53.] Contracts of Employment Act 1972 (minimum period of notice) would, if duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer, expire on a date later than the effective date of termination as defined by paragraph 5(5) of Schedule 1 to the 1974 Act, that later date shall be treated as the effective date of termination—

(a) for the purposes of sub-paragraph (1) above as it applies to sections 34 and 71 to 80 above, and the provisions of Part III of Schedule 16 referred to in that sub-paragraph ; and

(b) for the purposes of sub-paragraph (2) above.

8 The provisions of sections 64 and 65 above shall apply in relation to an employer who becomes insolvent (within the meaning of those sections) after the commencement of those sections, and shall in such a case apply to any debts mentioned in section 64 above and to any unpaid relevant contribution (within the meaning of section 65 above), whether falling due before or after the commencement of those sections.

9 An appeal arising out of any proceedings before or any decision of an industrial tribunal under any of the Acts referred to in section 88(1) above which immediately before the commencement of that section is pending in the High Court or the Court of Session shall be transferred by virtue of this paragraph on the commencement of that section to the Employment Appeal Tribunal.

10 An appeal arising out of any proceedings before or any decision of the Chief Registrar of Friendly Societies or any assistant registrar under any of the enactments referred to in section 88(2) or 88(3)(a) above which immediately before the commencement of that section is pending in the High Court or the Court of Session shall be transferred by virtue of this paragraph on the commencement of that section to the Employment Appeal Tribunal.

11 (1) An order under section 11 of the [1959 c. 69.] Wages Councils Act 1959 which is in force immediately before the commencement of Schedule 7 to this Act shall, notwithstanding that it was made by the Secretary of State, continue to have effect after the commencement of that Schedule as if it had been made by a wages council under that section as substituted by that Schedule and may be amended or revoked under that section accordingly.

(2) Anything done with a view to the making of an order under the said section 11 immediately before the commencement of the said Schedule, that is to say, any proposals published and any notice published and representations made with respect thereto, shall notwithstanding that it was done with a view to an order being made by the Secretary of State, have effect after the commencement of that Schedule as if it had been done under that section as substituted by that Schedule.

(3) A person who is, on the commencement of the said Schedule, a member or officer of a wages council or central co-ordinating committee shall be treated as if he had been appointed under Schedule 2 to the said Act of 1959, as substituted by that Schedule, and accordingly shall continue in office, and in particular, a member appointed to represent employers or workers shall be treated as if he had been appointed by a nominated employers' association or trade union, as the case may be.

12 An order under section 11 of the Wages Councils Act 1959, section 3 of the [1948 c. 47.] Agricultural Wages Act 1948 or section 3 of the [1949 c. 30.] Agricultural Wages (Scotland) Act 1949 (as substituted, in each case, by this Act) which may have effect as from a date earlier than the date of the order, shall not have effect from a date earlier than the commencement of the provision of this Act effecting that substitution.

13 (1) Any award made under section 8 of the [1959 c. 26.] Terms and Conditions of Employment Act 1959 which is in force immediately before the commencement of Schedule 11 to this Act shall continue to have effect after that commencement, notwithstanding the repeal of that Act, as if it had been made under the said Schedule and may be superseded or varied accordingly.

(2) Any claim reported to the Secretary of State or referred to the Industrial Arbitration Board under the said section 8 which immediately before the commencement of the said Schedule was pending before the Board shall be treated on that commencement as if it had been reported to the Service or referred to the Committee under Part I of the said Schedule.

14 Where any provision of this Act increases the penalty for an offence under any other enactment, that increase shall not have effect in relation to an offence committed before the commencement of the relevant provision.

15 The repeals effected by section 111 above—

(a) in the case of subsection (1) of that section, shall not confer or affect any right to unemployment benefit in respect of any day before the commencement of that subsection, and

(b) in the case of subsection (2) of that section, shall not affect the manner in which any person's requirements or resources are to be ascertained in relation to any period beginning before the commencement of that subsection.

16 (1) Any provision of Part I of Schedule 16 to this Act so far as it amends the [1965 c. 62.] Redundancy Payments Act 1965 as respects entitlement to or the computation of a redundancy payment or to the reference of questions to industrial tribunals concerning such entitie-ment or computation, shall, subject to sub-paragraph (2) below, have effect in relation to dismissals and to lay-off or short-time where the relevant date falls after the commencement of the relevant provision.

(2) Where the notice required to be given by an employer to terminate a contract of employment by section 1(1) of the [1972 c. 53.] Contracts of Employment Act 1972 (minimum period of notice) would, if duly given when notice of termination was given by the employer, or (where no notice was given) when the contract of employment was terminated by the employer expire on a date later than the relevant date as defined by section 3(9) of the said Act of 1965, that later date shall be treated as the relevant date for the purposes of sub-paragraph (1) above.

17 The provisions of this Act which affect the computation of an employee's period of continuous employment for the purposes of this Act or any other Act shall have effect in relation to any week or event, whether falling or occurring (wholly or partly) before or after the commencement of the relevant provision, where the computation falls to be made after the commencement of that provision.

18 Any enactment or document which refers, whether specifically or by means of a general description, to an enactment which is replaced or amended by any provision of this Act, shall, except so far as the context otherwise requires, be construed as referring or as including a reference, to that provision.

19 Nothing in this Schedule shall be construed as prejudicing section 38 of the [1889 c. 63.] Interpretation Act 1889 (effect of repeals).