The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003 and shall come into force on 6th April 2003.

(2) In this Order—

“the 1996 Act” means the Employment Rights Act 1996;

“the Scheme” means the arbitration scheme set out in the Schedule to this Order, with the exception of paragraphs 43, 93, 111, 113 to 118, 122, 128 and 129 thereof.

(3) This Order extends to England and Wales.

Commencement of the Scheme

2.  The Scheme shall come into effect on 6th April 2003.

Application of Part I of the Arbitration Act 1996

3.  The provisions of Part I of the Arbitration Act 1996(1) referred to in paragraphs 43, 93, 111, 113 to 118, 122, 128 and 129 of the Schedule and shown in italics shall, as modified in those paragraphs, apply to arbitrations conducted in accordance with the Scheme.

4.—(1) Section 46(1)(b) of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modification.

(2) For “such other considerations as are agreed by them or determined by the tribunal” in section 46(1)(b) substitute “the Terms of Reference in paragraph 13 of the arbitration scheme set out in the Schedule to the ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003”.

Alan Johnson,

Minister for Employment Relations, Industry and the Regions,

Department of Trade and Industry

13th March 2003