(1)The Secretary of State may by regulations make provision conferring on workers the right, except in prescribed cases, to a prescribed amount of annual leave in each leave year, as defined for the purposes of the regulations.
(2)The regulations may in particular—
(a)make provision for determining the amount of annual leave to which workers are to be entitled;
(b)make provision for determining the amount of pay in respect of any period of leave which is required by the regulations to be paid leave;
(c)make provision enabling a worker to elect when to take leave to which he is entitled by virtue of the regulations, subject to any provision of the regulations enabling his employer to require him to take, or not to take, that leave at a particular time;
(d)make provision for the payment of compensation in prescribed cases to a worker who has not taken leave to which he is entitled;
(e)make provision as to the relationship between the rights conferred by the regulations and a worker's rights to leave, pay or compensation under any contract or under any Act or subordinate legislation;
(f)enable a worker to present a complaint to an employment tribunal that his employer has refused to permit him to exercise any right he has under the regulations, or has failed to pay him any amount due to him under the regulations;
F1(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Regulations under this section may make provision as to—
(a)who is to be treated as a worker for the purposes of the regulations, and
(b)who is to be treated as the worker's employer.
(4)Regulations under this section may in particular—
(a)make provision applying to—
(i)Crown employment and persons in Crown employment;
(ii)service as a member of the armed forces;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Regulations under this section may not make provision in relation to the subject-matter of the Agricultural Wages (Scotland) Act 1949 (c. 30) (as that Act had effect on 1st July 1999).
(6)Regulations under this section—
(a)are to be made by statutory instrument;
(b)may make different provision for different cases;
(c)may contain incidental, supplemental, consequential, transitional or saving provision, including provision amending any Act or subordinate legislation.
(7)No statutory instrument containing regulations under this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(8)In this section—
F3...
“the armed forces” means any of the naval, military or air forces of the Crown;
“Crown employment” has the meaning given by section 191(3) of ERA 1996;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Textual Amendments
F1S. 13(2)(g) omitted (31.1.2020) by virtue of The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 2(a) (with Sch. Pt. 3); 2020 c. 1, Sch. 5 para. 1(1)
F2S. 13(4)(b) omitted (31.1.2020) by virtue of The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 2(b) (with Sch. Pt. 3); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 13(8) omitted (31.1.2020) by virtue of The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 2(c) (with Sch. Pt. 3); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 13 in force at 1.10.2006 by S.I. 2006/1682, art. 3(f)