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Employment Act 1982

1982 CHAPTER 46

An Act to provide for compensation out of public funds for certain past cases of dismissal for failure to conform to the requirements of a union membership agreement; to amend the law relating to workers, employers, trade unions and employers’ associations; to make provision with respect to awards by[F1 employment tribunals] and awards by, and the procedure of, the Employment Appeal Tribunal; and for connected purposes.

[28th October 1982]

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Extent Information

Amendments (Textual)

F1Words substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1Act applied by S.I. 1976/766, art. 3 as amended by S.I. 1984/1149, art. 2

Commencement Information

I1Act partly in force at Royal Assent see s. 22(2); Act wholly in force at 2.1.1983.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

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Amendments (Textual)

Unfair dismissalE+W+S

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

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Amendments (Textual)

F3S. 2 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302,Sch. 1 (with Sch. 3 para. 2).

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

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Amendments (Textual)

F4S. 3 (which was not reproduced in Statutes in Force) is repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1 (with Sch. 3 para. 2).

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

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Amendments (Textual)

F5S. 4 repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302,Sch. 1 (with Sch. 3 para. 2).

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Action short of dismissalE+W+S

F1110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Union membership or recognition requirements in contractsE+W+S

F1312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Trade disputesE+W+S

F1615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F1918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F2019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Periods of continuous employmentE+W+S

F2120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F21S. 20 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

SupplementalE+W+S

21 Interpretation, minor and consequential amendments and repeals.E+W+S

F22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Schedule 3 to this Act (which makes minor and consequential amendments) shall have effect.

F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F22S. 21(1)(3) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

22 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Employment Act 1982.

(2)This Act, except section 2 and Schedule 1, shall not come into operation until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.

(3)An order under this section may contain such transitional and supplemental provisions as appear to the Secretary of State to be necessary or expedient.

F23(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C2Power of appointment conferred by s. 22(2) fully exercised: S.I. 1982/1656

SCHEDULES

F24SCHEDULE 1E+W+S

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Amendments (Textual)

Power of Secretary of State to make paymentsE+W+S

F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Conditions of eligibilityE+W+S

F262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Maximum amount of compensationE+W+S

F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Construction of references to date of dismissalE+W+S

F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Making an applicationE+W+S

F295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Reference of questions to appointed personE+W+S

F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Consideration of applicationE+W+S

F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Notification of decisionE+W+S

F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Reconsideration of decisionE+W+S

F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Liability to repay in certain casesE+W+S

F3410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

False statement of an offenceE+W+S

F3511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Section 20.

SCHEDULE 2E+W+S Change of Basis of Computation of Period of Continuous Employment

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Modifications etc. (not altering text)

C3The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Right to guarantee paymentE+W+S

F361. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Right to remuneration on suspension on medical groundsE+W+S

F372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Right to minimum period of noticeE+W+S

F383. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Right to written statement of reasons for dismissalE+W+S

F394. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Right not to be unfairly dismissedE+W+S

F405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Rights in connection with redundancyE+W+S

6F41(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F42(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

F42(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Computation of period of continuous employmentE+W+S

7F44(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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

F45(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F45Sch. 2 para. 7(3) repealed (6.2.1995) by S.I. 1995/31, reg. 6, Sch.

Minor and consequential amendments relating to sections 1 to 4 of the 1978 ActE+W+S

8F46(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F46(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

F46(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

(5)In section 146 of that Act (miscellaneous excluded classes of employment—

F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Other consequential amendmentsE+W+S

F489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Section 21.

SCHEDULE 3E+W+S+N.I. Minor and Consequential Amendments

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Modifications etc. (not altering text)

C4The text of Sch. 3(1)–(7)(9) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W+S Minor Amendments

Unfair dismissal: effective date of terminationE+W+S

F491. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Continuity of employment in certain schoolsE+W+S

F502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Insolvent employers: payments to employeesE+W+S

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51E+W+S

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Amendments (Textual)

F524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W+S

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Amendments (Textual)

Application of the 1978 Act to employed spousesE+W+S

F546. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Interest on awards made by or on appeal from industrial tribunalsE+W+S

F557. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Employment Appeal TribunalE+W+S

F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Part IIE+W+S+N.I. Consequential Amendments

Courts Act 1919 (c.69)E+W+S

F5810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Administration of Justice (Scotland) Act 1972 (c.59)E+W+S

F5911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Trade Union and Labour Relations Act 1974 (c.52)E+W+S

F6012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

Employment Protection Act 1975 (c.71)E+W+S+N.I.

F6113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Aircraft and Shipbuilding Industries Act 1977 (c.3)E+W+S

14In section 6 of the Aircraft and Shipbuilding Industries Act 1977 (duty of Corporations to take steps to establish and maintain machinery for, amongst other things, the resolution of trade disputes), in subsection (2)(b) (in which “trade dispute” is defined by reference to the 1974 Act), for the words “within the meaning of the Trade Union and Labour Relations Act 1974” there shall be substituted the words “ within the meaning of the Employment Protection Act 1975 ”.E+W+S

Employment Protection (Consolidation) Act 1978 (c.44)E+W+S

F6215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63E+W+S

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Amendments (Textual)

F6417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6619. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6720. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6821. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F6922. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F7023. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F7124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F7225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F7326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

27F74(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)In paragraph 2(4)—

F75(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

(3)In paragraph 6(3)—

F75(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

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Amendments (Textual)

F7728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F7829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7930. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Crown Agents Act 1979 (c.43)E+W+S

F8031. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F81SCHEDULE 4E+W+S. . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F81Sch. 4 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

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