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Employment Tribunals Act 1996
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Version Superseded: 07/11/2023
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Employment Tribunals Act 1996, Section 41 is up to date with all changes known to be in force on or before 07 November 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.
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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.
(2)No recommendation shall be made to Her Majesty to make an Order in Council under section 38(4), F1... no order shall be made under section 3, 4(4) [F2 or (6D) ][F3, 12A(12) ][F4, 28(5)] or 40, [F5 and no regulations are to be made under section 37N, 37O or 37Q(5), ] unless a draft of the Order in Council[F6, order or regulations] has been laid before Parliament 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)[F7any 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.
Textual Amendments
F1Word in s. 41(2) omitted (6.4.2016) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 150(5)(a), 164(1) (with s. 150(8)); S.I. 2016/321, reg. 3(d)
F2Words in s. 41(2) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 11(2), 103(1)(i)(3)
F3Word 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)
F4Word in s. 41(2) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 12(4), 103(1)(i)(2) (with s. 24(2))
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 (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)
F7Words 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)
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