Employment Protection (Consolidation) Act 1978

137 Power to extend employment protection legislation. U.K.

(1) Her Majesty may by Order in Council provide that—

(a) the provisions of this Act; and

(b) any legislation (that is to say any enactment of the Parliament of Northern Ireland and any provision made by or under a Measure of the Northern Ireland Assembly) for the time being in force in Northern Ireland which makes provision for purposes corresponding to any of the purposes of this Act,

shall, to such extent and for such purposes as may be specified in the Order, apply (with or without modification) to or in relation to any person in employment to which this section applies.

[F1 (2) This section applies to employment for the purposes of—

(a) any activities in the territorial waters of the United Kingdom; or

(b) any activities which, if paragraphs (a) and (d) of subsection (6) of section 23 of the M1 Oil and Gas (Enterprise) Act 1982 (application of civil law to certain offshore activities) were omitted, would nevertheless fall within subsection (2) of that section.]

(3) An Order in Council under subsection (1)—

(a) may make different provision for different cases;

(b) may provide that all or any of the enactments referred to in subsection (1), as applied by such an Order, shall apply to individuals whether or not they are British subjects and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom (notwithstanding that the application may affect their activities outside the United Kingdom);

(c) may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on industrial tribunals, in respect of offences, causes of action or other matters arising in connection with employment to which this section applies;

(d) without prejudice to the generality of subsection (1) or of paragraph (a), may provide that the enactments referred to in subsection (1), as applied by the Order, shall apply in relation to any person in employment for the purposes of such activities as are referred to in subsection (2) in any part of the areas specified in paragraphs (a) and (b) of that subsection;

(e) may exclude from the operation of section 3 of the M2 Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments referred to in subsection (1) in connection with employment to which this section applies;

(f) may provide that such proceedings shall not be brought without such consent as may be required by the Order;

(g) may, without prejudice to the generality of the power under subsection (1) to modify the enactments referred to in that subsection in their application for the purposes of this section, modify or exclude the operation of sections 141 and 144 or paragraph 14 of Schedule 13 or of any corresponding provision in any such Northern Irish legislation as is referred to in subsection (1)(b).

(4) Any jurisdiction conferred on any court or tribunal under this section shall be without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal.

(5)F2

Textual Amendments

F1 S. 137(2) substituted by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), Sch. 3 para. 40(1)

F2 S. 137(5) repealed by Oil and Gas (Enterprise) Act 1982 (c. 23, SIF 86), Sch. 4

Modifications etc. (not altering text)

C1 S. 137 applied (with modifications) (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), ss. 9(4), 10(1), 30

C2 S. 137 applied (with modifications) by Employment Act 1990 (c. 38, SIF 43:5), s. 3(5), Sch. 1 para. 17

C3 S. 137 extended (7.2.1994) by 1993 c. 48, s. 165(7); S.I. 1994/86, art. 2

C4 S. 137 extended (N.I.) (7.2.1994) by 1993 c. 49, s. 161(6); S.R. 1994/17, art. 2

Marginal Citations

M1 1982 c. 23.

M2 1878 c. 73.