E+W+S+N.I.

Employment Act 1980

1980 CHAPTER 42

An Act to provide for payments out of public funds towards trade unions’ expenditure in respect of ballots, for the use of employers’ premises in connection with ballots, and for the issue by the Secretary of State of Codes of Practice for the improvement of industrial relations; to make provision in respect of exclusion or expulsion from trade unions and otherwise to amend the law relating to workers, employers, trade unions and employers’ associations; to repeal section 1A of the Trade Union and Labour Relations Act 1974; and for connected purposes.

[1st August 1980]

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Extent Information

E1 The extent provision of this Act as originally enacted was repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202); see s. 21

Commencement Information

I1 Act partly in force at Royal Assent see s. 21(2); Act wholly in force at 22.12.1980

Trade union ballots and Codes of Practice E+W+S

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F1 S. 1 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F2 S. 2 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F3 S. 3 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

Exclusion from trade union membership E+W+S

F4 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F4 S. 4 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F5 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F5 S. 5 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

Unfair dismissal E+W+S

F6 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F6 S. 6 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

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Amendments (Textual)

F7 Ss. 7, 10 repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 21(3), Sch. 4

8

F8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F8 S. 8(1) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1.

F9 S. 8(2) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F10 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F10 S. 9 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

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Amendments (Textual)

F11 Ss. 7, 10 repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 21(3), Sch. 4

Maternity E+W+S+N.I.

11 Notices to the employer. E+W+S+N.I.

(1) In subsection (3) of section 33 of the 1978 Act (which specifies conditions to which the rights to maternity pay and return to work are subject) for paragraph (c) (information to employer) there shall be substituted—

“(c) in the case to the right to maternity pay, she informs her employer, in writing if he so requests, at least twenty-one days before her absence begins or, if that is not reasonably practiable, as soon as reasonably practicable, that she will be (or is) absent from work wholly or partly because of pregnancy or confinement ; and

(d) in the case of the right to return, she informs her employer in writing at least twenty-one days before her absence begins or, if that is not reasonably practicable, as soon as reasonably practicable,—

(i) that she will be (or is) absent from work wholly or partly because of pregnancy or confinement,

(ii) that she intends to return to work with her employer, and

(iii) of the expected week of confinement or, if the confinement has occurred, the date of confinement.”

(2) After that subsection there shall be inserted—

“(3A) Where not earlier than forty-nine days after the beginning of the expected week of confinement (or the date of confinement) notified under subsection (3)(d) an employee is requested in accordance with subsection (3B) by her employer or a sucessor of his to give to him written confirmation that she intends to return to work, she shall not be entitled to the right to return unless she gives that confirmation within fourteen days of receiving the request or, if that is not reasonably practicable, as soon as reasonably practicable.

(3B) A request under subsection (3A) shall be made in writing and shall be accompanied by a written statement of the effect of that subsection.”.

(3) In section 47 of the 1978 Act, in subsection (1) (employee to exercise her right to return to work by notifying the employer at least seven days in advance)—

(a) for the word “notifying” there shall be substituted the words “ giving written notice to ”, and

(b) for the word “seven” there shall be substituted the words “ twenty-one ” ;

and in subsections (6) and (7) for the word “fourteen” there shall be substituted the word “ twenty-eight ”.

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Modifications etc. (not altering text)

C1 The text of s. 11 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991

F12 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F12 S. 12 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F13 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F13 S. 13 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Other rights of employees E+W+S

F14 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F14 S. 14 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F15 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F15 S. 15 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

Restrictions on legal liability E+W+S

F16 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F16 S. 16 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W+S

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Amendments (Textual)

F17 S. 17 repealed by Employment Act 1990 (c. 38, SIF 43:5), s. 16(2), Sch. 3

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W+S

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Amendments (Textual)

F18 S. 18 repealed by Employment Act 1982 (c. 46, SIF 43:5), Sch. 4

Miscellaneous and general E+W+S

F19 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F19 S. 19 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F20 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F20 S. 20 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F21 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F21 S. 21 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Section 20.

SCHEDULE 1 E+W+S+N.I. Minor and Consequential Amendments

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Modifications etc. (not altering text)

C2 The text of Sch. 1 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and, except as specified, does not reflect any amendments or repeals that may have been made prior to 1.2.1991

The Post Office Act 1969. E+W+S

F22 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F22 Sch. 1 para. 1 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

The Trade Union and Labour Relations Act 1974 E+W+S

F23 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F23 Sch. 1 para. 2 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F24 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F24 Sch. 1 para. 3 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

The M1 Employment Protection Act 1975 E+W+S+N.I.

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Marginal Citations

M1 1975 c. 71.

F25 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F25 Sch. 1 para. 4 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F26 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F26 Sch. 1 para. 5 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F27 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F27 Sch. 1 para. 6 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

F28 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

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Amendments (Textual)

F28 Sch. 1 para. 7 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

The Employment Protection (Consolidation) Act 1978 E+W+S

F29 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F29 Sch. 1 para. 8 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W+S

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Amendments (Textual)

F30 Sch. 1 para. 9 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. III

F31 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F31 Sch. 1 para. 10 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1.

F32 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F32 Sch. 1 para. 11 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W+S

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Amendments (Textual)

F33 Sch. 1 paras. 12, 14 repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 21(3), Sch. 4

F34 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F34 Sch. 1 para. 13 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 E+W+S

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Amendments (Textual)

F35 Sch. 1 paras. 12, 14 repealed by Employment Act 1982 (c. 46, SIF 43:5), s. 21(3), Sch. 4

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 E+W+S

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Amendments (Textual)

F36 Sch. 1 para.15 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. IV

F37 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F37 Sch. 1 para. 16 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F38 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F38 Sch. 1 para. 17 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F39 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F39 Sch. 1 para. 18 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F40 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F40 Sch. 1 para. 19 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1

F41 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F41 Sch. 1 para. 20 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F42 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F42 Sch. 1 para. 21(a) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1 and para. 21(b) repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F43 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F43 Sch. 1 para. 22 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F44 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F44 Sch. 1 para. 23 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F45 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F45 Sch. 1 para. 24 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

F46 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F46 Sch. 1 para. 25 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F47 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F47 Sch. 1 para. 26 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F48 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F48 Sch.1 para. 27 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F49 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F49 Sch. 1 para. 28 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F50 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F50 Sch. 1 para. 29 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

30 [F51 In paragraph 23(1) of Schedule 11 of the 1978 Act, for the words from “section 14” to “those provisions” there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines and forfeited recognisances) shall have effect as if ”.] E+W+S

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Amendments (Textual)

F51 Sch. 1 para. 30 repealed (E.W.) by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 16(6)

F52 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F52 Sch.1 para. 31 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F53 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F53 S. 32 repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1908, art. 2(1), Sch.1.

F54 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F54 Sch. 1 para. 33 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F55 SCHEDULE 2 E+W+S

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Amendments (Textual)

F55 Sch. 2 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)