(1)An employer shall permit an employee of his who is a justice of the peace to take time off during the employee’s working hours for the purpose of performing any of the duties of his office.
(2)An employer shall permit an employee of his who is a member of—
(a)a local authority,
(b)a statutory tribunal,
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ca)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)[F3an independent monitoring board for a prison] [F4or a prison visiting committee],
(e)a relevant health body,
(f)a relevant education body, F5. . .
(g)the Environment Agency or the Scottish Environment Protection Agency, [F6or]
[F7(h) Scottish Water F8 . . . , ]
to take time off during the employee’s working hours for the purposes specified in subsection (3).
(3)The purposes referred to in subsection (2) are—
(a)attendance at a meeting of the body or any of its committees or sub-committees, and
(b)the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees.[F9 and
(c)in the case of a local authority which are operating executive arrangements—
(i)attendance at a meeting of the executive of that local authority or committee of that executive; and
(ii)the doing of any other thing, by an individual member of that executive, for the purposes of the discharge of any function which is to any extent the responsibility of that executive.]
(4)The amount of time off which an employee is to be permitted to take under this section, and the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard, in particular, to—
(a)how much time off is required for the performance of the duties of the office or as a member of the body in question, and how much time off is required for the performance of the particular duty,
(b)how much time off the employee has already been permitted under this section or sections 168 and 170 of the M1Trade Union and Labour Relations (Consolidation) Act 1992 (time off for trade union duties and activities), and
(c)the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.
(5)In subsection (2)(a) “a local authority” means—
(a)a local authority within the meaning of the M2Local Government Act 1972,
(b)a council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994,
(c)the Common Council of the City of London,
(d)a National Park authority, or
(e)the Broads Authority.
(6)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In subsection (2)(d)—
(a)[F11 “independent monitoring board” means a board] appointed under section 6(2) of the M4Prison Act 1952, and
(b)[F12“a prison visiting committee” means a visiting committee appointed under section 19(3) of the M5Prisons (Scotland) Act 1989 or constituted by virtue of rules made under section 39 (as read with section 8(1)) of that Act.]
(8)In subsection (2)(e) “a relevant health body” means—
[F13(za)the National Health Service Commissioning Board,
(zb)a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and]
(a)a National Health Service trust established under [F14section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006] or the M6National Health Service (Scotland) Act 1978,
[F15(ab) an NHS foundation trust, ]
[F16(ac)the National Institute for Health and Care Excellence,]
[F17(ad)the Health and Social Care Information Centre,]
(b)F18... [F19a][F20 Local Health Board established under section 11 of the National Health Service (Wales) Act 2006]F21... [F22, a Special Health Authority established under [F23section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006] F24...] or
(c)a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.
(9)In subsection (2)(f) “a relevant education body” means—
(a)a managing or governing body of an educational establishment maintained by a [F25local authority (as defined in section 579(1) of the Education Act 1996)],
[F26(b)a further education corporation, sixth form college corporation or higher education corporation,]
(c)a school council appointed under section 125(1) of the M7Local Government (Scotland) Act 1973,
[F27(d) a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 M8 , ]
[F28(e) a board of management of a self-governing school within the meaning of section 135(1) of the M9 Education (Scotland) Act 1980, ]
(f)a board of management of a college of further education within the meaning of section 36(1) of the M10Further and Higher Education (Scotland) Act 1992,
(g)a governing body of a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980, F29. . .
(h)a governing body of a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.
(j)the General Teaching Council for Wales.]
[F32(9A)In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.]
[F33(9B) In subsection (9)(b) “ further education corporation ”, “ sixth form college corporation ” and “ higher education corporation ” have the same meanings as in the Further and Higher Education Act 1992. ]
(10)The Secretary of State may by order—
(a)modify the provisions of subsections (1) and (2) and (5) to (9) by adding any office or body, removing any office or body or altering the description of any office or body, or
(b)modify the provisions of subsection (3).
(11)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.
Textual Amendments
F1S. 50(2)(c) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 219; S.I. 2012/2892, art. 2(i)
F2S. 50(2)(ca) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 86, Sch. 17; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7))
F3Words in s. 50(2)(d) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(a); S.I. 2007/3001, art. 2(1)(p)(r)
F4Words in s. 50(2)(d) repealed (S.) (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, Sch. para. 5(a)
F5Word at end of s. 50(2)(f) omitted (14.8.2000) by virtue of S.I. 2000/1737, art. 2(a)
F6S. 50(2)(h) and the word "or" immediately preceding it added (14.8.2000) by S.I. 2000/1737, art. 2(b)(c)
F7S. 50(2)(h) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 18
F8Words in s. 50(2)(h) omitted (28.10.2011) by virtue of The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 2, Sch. 3 para. 2
F9S. 50(3)(c) and preceding word inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(a) and S.I. 2002/808, art. 29(a)
F10S. 50(6) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(i)
F11Words in s. 50(7)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(b); S.I. 2007/3001, art. 2(1)(p)(r)
F12S. 50(7)(b) repealed (S.) (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), art. 1, Sch. para. 5(b)
F13S. 50(8)(za)(zb) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 74(a); S.I. 2012/1831, art. 2(2)
F14Words in s. 50(8)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(a) (with Sch. 3 Pt. 1)
F15S. 50(8)(ab) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1)(4), Sch. 4 para. 100; S.I. 2004/759, art. 2 (as amended by S.I. 2006/836 and S.I. 2007/1102)
F16S. 50(8)(ac) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 17 para. 6(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F17S. 50(8)(ad) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 19 para. 6(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F18Words in s. 50(8)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 74(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F19Words in s. 50(8)(b) originally substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(i) (with Sch. 3 Pt. 1)
F20Words in s. 50(8)(b) substituted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 27(3)
F21Words in s. 50(8)(b) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(ii) (with Sch. 3 Pt. 1)
F22Words in s. 50(8)(b) substituted (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 30(2) (with s. 2(5)
F23Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(iii) (with Sch. 3 Pt. 1)
F24Words in s. 50(8)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 74(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F25Words in s. 50(9)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(2)
F26S. 50(9)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(a)
F27S. 50(9)(d) substituted (1.8.2007) by The Time Off for Public Duties (Parent Councils) Order 2007 (S.I. 2007/1837), art. 2
F28S. 50(9)(e) repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61, Sch. 3; S.S.I. 2004/528, art. 2(b)
F29Word in s. 50(9) after para. (g) omitted (5.10.2000) by virtue of S.I. 2000/2463, art. 2(2)
F30S. 50(9)(i)(j) inserted (5.10.2000) by S.I. 2000/2463, 2(3)
F31S. 50(9)(i) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 24; S.I. 2012/924, art. 2
F32S. 50(9A) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(b) and S.I. 2002/808, art. 29(b)
F33S. 50(9B) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(b)
Modifications etc. (not altering text)
C1S. 50(3) applied (1.4.1998) by S.I. 1998/633, art. J12(2)
C2S. 50(4) excluded (1.4.1998) by S.I. 1998/633, art. J12(1)
Marginal Citations