149 General power to amend Act.E+W+S
(1)Subject to the following provisions of this section, the Secretary of State may by order—
(a)provide that any enactment contained in this Act which is specified in the order shall not apply to persons or to employments of such classes as may be prescribed in the order;
(b)provide that any such enactment shall apply to persons or employments of such classes as may be prescribed in the order subject, except in relation to section 54 (but without prejudice to paragraph (a)), to such exceptions and modifications as may be so prescribed;
(c)vary, or exclude the operation of, any of the following provisions of this Act, that is to say, sections [F113(2), 20(2), 49(4A),][F253(2),] 64(1), [F364A(1)] 99, 141(2) and (5) F4144(1), (2), (4) and (5), F5and 146 F4(4) to (7);
[F6(d)add to, vary or delete any of the provisions of Schedule 5.]
(2)Subsection (1) does not apply to the following provisions of this Act, namely, sections F4, 52, 55, 57, F7. . . 59, 62, 63, 65, 66, 67, [F8F7. . .75 F7. . .], 80, 103 to 120, 128, 134, 141(1) [F9, 142(1) and 151] and Schedules 3, 9 and 13, and, in addition, paragraph (b) of subsection (1) does not apply to sections 1 to 6 and 49 to 51 F10
(3)The provisions of this section are without prejudice to any other power of the Secretary of State to amend, vary or repeal any provision of this Act or to extend or restrict its operation in relation to any person or employment.
(4)No order under subsection (1) shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
Subordinate Legislation Made
P1S. 149: for previous exercises of this power see Index to Government Orders
Textual Amendments
F1Words inserted with saving by Employment Act 1982 (c. 46, SIF 43:5), s. 20, Sch. 2 para. 9(1)(a)
F2 “53(2)," inserted by Employment Act 1989 (c. 38, SIF 43:1), ss. 15(2), 29(6), Sch. 9 para. 4
F3Words inserted by Employment Act 1980 (c. 42, SIF 43:5), Sch. 1 para. 21.
F4Word repealed by Employment Act 1982 (c. 46, SIF 43:5), Sch. 4
F5 “145(1), (2) and (3)" repealed by Dock Work Act 1989 (c. 13, SIF 43:1), s. 7(1), Sch. 1 Pt. I
F6S. 149(1)(d) repealed (1.4.1991) by National Health and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
F7Words in s. 149(2) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 (with savings in Sch. 3 para. 2).
F8Words substituted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 25
F9Words substituted with saving by Employment Act 1982 (c. 46, SIF 43:5), s. 20, Sch. 2 para. 9(1)(b)
F10Word repealed by Employment Act 1982 (c. 46, SIF 43:5), Sch. 4