The Trade Union Reform and Employment Rights Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

Part I of the 1993 Act, except sections 7, 8, 9 and 14

Trade Unions etc.

Section 24(2) and (3), except for the purpose of giving effect to section 60(a) to (f) of the 1978 Act

Dismissal rights

Section 28

Rights to claim unfair dismissal and not to suffer detriment in health and safety cases

Section 29

Dismissal on ground of assertion of statutory rights

Section 30

Compensation for unfair dismissal when reinstatement or re-engagement ordered

Section 33

Amendments of transfer of undertakings regulations

Section 34

Redundancy consultation procedures

Section 35

Repeal of Part II of the Wages Act 1986

Section 36(3), for the purpose of inserting section 128(5) of the 1978 Act

Regulations to provide for industrial tribunal chairman to act alone

Section 38

Extension of power to confer on industrial tribunals jurisdiction in respect of contracts of employment etc.

Section 39

Agreements not to take proceedings before industrial tribunal

Section 40

Restriction of publicity in cases involving sexual misconduct: industrial tribunals

Section 41

Restriction of publicity in cases involving sexual misconduct: Employment Appeal Tribunal

Section 43

Functions of ACAS

Section 44

Fees for exercise of functions by ACAS

Section 47

Employment and training functions of Scottish Enterprise and Highlands and Islands Enterprise

Section 48

Interpretation

Section 49(1), so far as it relates to the amendments effected by Schedule 7 specified below

Miscellaneous amendments

Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below

Consequential amendments

Section 50, so far as it relates to the transitional provisions and savings effected by Schedule 9 specified below

Transitional provisions and savings

Section 51, so far as it relates to the repeals and revocations specified in relation to Schedule 10 in the table below

Repeals and revocations

Schedule 1

Political fund ballots

Schedule 5

Employment protection in health and safety cases

Schedule 6

Compromise contracts

In Schedule 7, paragraphs 1, 2, 13, 14 to 27

Miscellaneous amendments

In Schedule 8, paragraphs 2, 6, 7, 11, 14, 20(a), 21, 24, 26(a)(i), 29, 32(b), 36 to 41, 43(b), 46, 47, 49, 52 to 61, 62(b), 63, 64(b) and (c), 65, 66(b), 67 to 75, 78 to 84 and 86 to 89. In addition paragraphs 16 (so far as it relates to section 60A(1) of the 1978 Act) and 76 and 77 (so far as they relate to section 57A of the 1978 Act).

Consequential amendments

In Schedule 9, paragraphs 1, 2, 4 and 5 In Schedule 10 the repeals and revocations specified in the table below

Transitional provisions and savings Repeals and revocations

9 & 10 Eliz. 2 c.34

Factories Act 1961

Section 177(5)(b)

1965 c. 19 (N.I.)

Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965

Sections 23 and 23A. In section 29(1), the words “(except section 23)”. Section 32(4). Section 54(2). In Schedule 5, paragraph 2.

1968 c. 73

Transport Act 1968

Section 94(10)

1975 c. 24

House of Commons Disqualification Act 1975

In Part III of Schedule 1, the first entry beginning “Member of a Wages Council”.

1975 c. 25

Northern Ireland Assembly Disqualification Act 1975

In Part III of Schedule 1, the first entry beginning “Member of a Wages Council”.

S.I. 1976/1043 (N.I. 16).

Industrial Relations (Northern Ireland) Order 1976.

In Schedule5, in Part II, paragraphs 19, 20 and 23(3).

1978 c. 44

Employment Protection (Consolidation) Act 1978

In section 18, in subsection (1), the words “council or”, subsection (2)(a), in subsection (3)(a), the words “(a) or”, and in subsection (5), the words “council or”. In section 53(4), the words “against his employer”. In section 55(5) and (6), “, 64A”. Section 64A. Section 93(4). Sections 94 and 95. In section 100(1), the words “except section 94)”.In section 123(4) the words “, maternity pay under Part III of this Act”. In section 149(1)(c), “64A(1),”. In Schedule 12, paragraph 13. In Schedule 13, in paragraph 11(1), “,64A(1)”.

1980 c. 42

Employment Act 1980

Section 8(1). In Schedule 1, paragraphs 10, 21(a) and 32.

S.I. 1981/1794

Transfer of Undertakings (Protection of Empoyment) Regulations 1981

In Regulation 2(1), in the definition of “undertaking”, the words from “but does not” to the end. Regulation 11(7).

1986 c. 48

Wages Act 1986

Section 9(3). Part II. Section 31(a) and (b). In section 33, in subsection (2) the entries relating to sections 24 and 25(1) to (3), in subsection (4) the words from “Part II (excluding” to “relating to Part II;” and in subsection (7) the words from “paragraphs 5” to “thereto,”. Schedules 2 and 3. In Schedule 4, paragraphs 5 to 7. In Schedule 6, paragraphs 1 to 8.

1988 c. 1

Income and Corporation Taxes Act 1988

In Section 175(4), the words “Part II of the Wages Act 1986,”.

1990 c. 35

Enterprise and New Towns (Scotland) Act 1990

In section 2(3), the word “and” at the end of paragraph (b).

1992 c. 24

Offshore Safety (Protection Against Victimisation) Act 1992

The whole Act.

1992 c. 52

Trade Union and Labour Relations (Consolidation) Act 1992

Section 24(4). In section 34(5), the second sentence. In section 43(1), the word “and” at the end of paragraph (b). In section 52(1), the word “and” at the end of paragraph (c). In section 65(2), the word “and” at the end of paragraph (d). In section 65(7), the word “and” following the definition of “contract of employment”. In section 74(3), the word “and” at the end of the entry relating to section 77. In section 78(1), the word “and” at the end of paragraph (c). In section 118(4), the word “and” at the end of paragraph (c). In section 135(3), the word “and” at the end of paragraph (c). In section 154, the words “and 64A”. In section 188(4), the word “and” at the end of paragraph (d). Section 190(3). In section 209, the words from “and in particular” to the end. In section 246, the definition of “place of work”. In section 249(2), the first sentence. Section 256(4). Section 273(4)(c). Section 283. In section 299, the entries relating to “the Commissioner” and “redundancy”. In Schedule 2, paragraphs 15 and 34(3).

Section 14

Right not to be excluded from or expelled from union

Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below

Consequential amendments

Section 51, so far as it relates to the repeals effected by Schedule 10 specified below

Repeals

Schedule 8, paragraphs 48, 50 and 51

Consequential amendments

Schedule 10, the repeals specified in the table below

Repeals

c.52

Trade Union Rform and Labour Relations (Consolidation) Act 1992

Section 67(9). In section 288(1)(b), the word “unreasonable”. In section 290(e) the word “unreasonable” and the words “where employment subject to union membership agreement”. In section 291, subsection (1), and, in subsection (2), the words “any other provision of”.

Section 8

Annual return to contain additional information

Section 9

Statement to members following annual return

Section 49(2), so far as it relates to the amendments effected by Schedule 8 specified below

Consequential amendments

Section 51, so far as it relates to the repeals effected by Schedule 10 specified below

Repeals

Schedule 8, paragraphs 42, 43(a), 44, 45, 62(a), 64(a) and 66(a)

Consequential amendments

In Schedule 10, the repeal in section 32(3) of the 1992 Act of the word “and” at the end of paragraph (b)

Repeals