The Deregulation (Deduction from Pay of Union Subscriptions) Order 1998

Transitional arrangements

3.—(1) The substitution made by Article 2 does not affect the continued operation of section 68 of the 1992 Act (as substituted by section 15 of the Trade Union Reform and Employment Rights Act 1993) in relation to an authorisation permitting the deduction of trade union subscriptions given before this Order comes into force to an employer by a worker for the purposes of section 68.

Such an authorisation is referred to in this Article as “a preserved authorisation”.

(2) While a preserved authorisation is in force, the worker may be given (whether by the employer or by a person acting on his behalf) a notice in the form set out in the Schedule to this Order that the employer proposes to treat the preserved authorisation as an authorisation given under section 68 as substituted by Article 2 (and so to treat it as being of unlimited duration until withdrawn and as not requiring advance notice of any increase in the amount to be deducted).

(3) If no written notice to the contrary is received by the employer from the worker within the period of 14 days beginning with the day on which the worker received the notice mentioned in paragraph (2), the preserved authorisation shall be treated as if it were an authorisation given under section 68 as substituted by Article 2.

(4) Expressions used in this Article and in section 68 of the Trade Union and Labour Relations (Consolidation) Act 1992 (as substituted by this Order) have the same meanings in this Article as they have in that section.