xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Employment Act 1989

1989 CHAPTER 38

An Act to amend the Sex Discrimination Act 1975 in pursuance of the Directive of the Council of the European Communities, dated 9th February 1976, (No.76/207/EEC) on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions; to repeal or amend prohibitions or requirements relating to the employment of young persons and other categories of employees; to make other amendments of the law relating to employment and training; to repeal section 1(1)(a) of the Celluloid and Cinematograph Film Act 1922; to dissolve the Training Commission; to make further provision with respect to industrial training boards; to make provision with respect to the transfer of staff employed in the Skills Training Agency; and for connected purposes.

[16th November 1989]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Editorial Information

X1The whole Act appeared in S.I.F Group 43:1 (Employment: General). The text of ss. 1–8, 27–30, Schs. 1, 6 paras. 12, 15, 16, 30, Sch. 9 para. 1 was printed in S.I.F Group 106:1 (Rights of the Subject: General).

Commencement Information

I1Act partly in force at Royal Assent see s. 30(2); Act wholly in force at 03.03.1997 see S.I. 1997/134, art. 2

Overriding of provisions requiring discrimination as respects employment or trainingE+W+S

F11 Overriding of statutory requirements which conflict with certain provisions of 1975 Act.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 Power of Secretary of State to repeal statutory provisions requiring discrimination as respects employment or training.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Circumstances where discrimination as respects employment or training is permissibleE+W+S

F13 Restriction of exemption for discrimination required by or under statute.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 Exemption for discrimination under certain provisions concerned with the protection of women at work.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 Exemption for discrimination in connection with certain educational appointments.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 Power of Secretary of State to exempt particular acts of discrimination required by or under statute.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discrimination as respects trainingE+W+S

F17 Prohibition of discrimination in connection with provision of training.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Power to exempt discrimination in favour of lone parents in connection with training.E+W+S

(1)The Secretary of State may by order provide with respect to—

(a)any specified arrangements made under section 2 of the M1Employment and Training Act 1973 (functions of the Secretary of State as respects employment and training) [F2or under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements by Scottish Enterprise and Highlands and Islands Enterprise in connection with training etc.)], or

(b)any specified class or description of training for employment provided otherwise than in pursuance of [F3that section][F3either of those sections], or

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that this section shall apply to such special treatment afforded to or in respect of lone parents in connection with their participation in those arrangements, or in that training or scheme, as is specified or referred to in the order.

(2)Where this section applies to any treatment afforded to or in respect of lone parents, neither the treatment so afforded nor any act done in the implementation of any such treatment shall be regarded [F5for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act).]

(3)An order under subsection (1) above may specify or refer to special treatment afforded as mentioned in that subsection—

(a)whether it is afforded by the making of any payment or by the fixing of special conditions for participation in the arrangements, training or scheme in question, or otherwise, and

(b)whether it is afforded by the Secretary of State or by some other person;

and, without prejudice to the generality of paragraph (b) of that subsection, any class or description of training for employment specified in such an order by virtue of that paragraph may be framed by reference to the person, or the class or description of persons, by whom the training is provided.

(4)In this section—

(a)employment” and “training” have the same meaning as in the M2Employment and Training Act 1973; and

[F6(b)“couple” has the meaning given by section 39(1) of the Welfare Reform Act 2012; and

(c)“lone parent” means a person who—

(i)is not a member of a couple, and

(ii)is responsible for, and a member of the same household as, a child.]

Annotations:

Amendments (Textual)

F3 “either of those sections substituted (1.4.1991) for “that section by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 18(b)

F4S. 8(1)(c) and preceding word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

F5Words in s. 8(2) substituted by 2010 c. 15 Sch. 26 Pt. 1 para. 14 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 3 (see S.I. 2010/2317, art. 2)

Modifications etc. (not altering text)

C1S.8: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

Removal of restrictions and other requirements relating to employmentE+W+S+N.I.

F79 Repeal or modification of provisions requiring different treatment of different categories of employees.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

10 Removal of restrictions relating to employment of young persons.E+W+S+N.I.

(1)The following enactments, namely—

(a)the enactments listed in Part I of Schedule 3 (which impose prohibitions or requirements with respect to the hours of employment and holidays of young persons and with respect to related matters), and

(b)the enactments listed in Part II of that Schedule (which impose other prohibitions or requirements for, or in connection with, regulating the employment of young persons),

shall cease to have effect.

(2)The enactments mentioned in Part III of Schedule 3 shall have effect subject to the amendments there specified (which include amendments by virtue of which certain occupations, instead of being restricted to persons who are 16 or older, are restricted to persons over school-leaving age).

(3)If the Secretary of State considers it appropriate to do so, he may by order—

(a)repeal or amend any statutory provision in consequence of subsection (1) or (2);

(b)repeal any statutory provision relating to the employment of persons, or any class of persons, who have not attained the age of 18 or (as the case may be) some specified lower age of not less than 16;

(c)amend any statutory provision falling within paragraph (b) and framed by reference to a specified age expressed as a number of years so that it is instead framed by reference to school-leaving age;

(d)repeal any statutory provision appearing to the Secretary of State to be unnecessary in view of any other such provision, being a provision relating to the employment of persons under school-leaving age.

(4)Nothing in any order under subsection (3) (apart from a repeal effected by virtue of paragraph (d) of that subsection) shall affect any statutory provision relating to the employment of persons under school-leaving age.

(5)Any reference in subsection (3)(d) or (4) to a statutory provision relating to the employment of persons under school-leaving age shall be construed, in relation to a statutory provision which relates to both—

(a)the employment of such persons, and

(b)the employment of persons over that age,

as a reference to so much of that provision as relates to the employment of persons under that age.

(6)In this section—

(a)in relation to England and Wales, the upper limit of compulsory school age [F8(construed in accordance with section 8 of the Education Act 1996)];

(b)in relation to Scotland, the upper limit of school age for the purposes of the M3Education (Scotland) Act 1980; and

(c)in relation to Northern Ireland, the upper limit of compulsory school age for the purposes of the M4Education and Libraries (Northern Ireland) Order 1986; and

Annotations:

Extent Information

E1For extent of s. 10 see s. 30(5)(6)(b)

Amendments (Textual)

Marginal Citations

11 Exemption of Sikhs from requirements as to wearing of safety helmets [F9at workplaces].E+W+S

(1)Any requirement to wear a safety helmet which (apart from this section) would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is [F10at a workplace] shall not apply to him at any time when he is wearing a turban.

(2)Accordingly, where—

(a)a Sikh who is [F11at a workplace] is for the time being wearing a turban, and

(b)(apart from this section) any associated requirement would, by virtue of any statutory provision or rule of law, be imposed—

(i)on the Sikh, or

(ii)on any other person,

in connection with the wearing by the Sikh of a safety helmet,

that requirement shall not apply to the Sikh or (as the case may be) to that other person.

(3)In subsection (2) “associated requirement” means any requirement (other than one falling within subsection (1)) which is related to or connected with the wearing, provision or maintenance of safety helmets.

(4)It is hereby declared that, where a person does not comply with any requirement, being a requirement which for the time being does not apply to him by virtue of subsection (1) or (2)—

(a)he shall not be liable in tort to any person in respect of any injury, loss or damage caused by his failure to comply with that requirement; and

(b)in Scotland no action for reparation shall be brought against him by any person in respect of any such injury, loss or damage.

(5)If a Sikh who is [F12at a workplace]

(a)does not comply with any requirement to wear a safety helmet, being a requirement which for the time being does not apply to him by virtue of subsection (1), and

(b)in consequence of any act or omission of some other person sustains any injury, loss or damage which is to any extent attributable to the fact that he is not wearing a safety helmet in compliance with the requirement,

that other person shall, if liable to the Sikh in tort (or, in Scotland, in an action for reparation), be so liable only to the extent that injury, loss or damage would have been sustained by the Sikh even if he had been wearing a safety helmet in compliance with the requirement.

(6)Where—

(a)the act or omission referred to in subsection (5) causes the death of the Sikh, and

(b)the Sikh would have sustained some injury (other than loss of life) in consequence of the act or omission even if he had been wearing a safety helmet in compliance with the requirement in question,

the amount of any damages which, by virtue of that subsection, are recoverable in tort (or, in Scotland, in an action for reparation) in respect of that injury shall not exceed the amount of any damages which would (apart from that subsection) be so recoverable in respect of the Sikh’s death.

[F13(6A)This section does not apply to a Sikh who—

(a)works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and

(b)is at the workplace—

(i)to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii)to receive training in how to provide such a response in circumstances of that kind.

(6B)This section also does not apply to a Sikh who—

(a)is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and

(b)is at the workplace—

(i)to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii)to receive training in how to take part in such an operation in circumstances of that kind.]

(7)In this section—

(8)In this section—

(a)any reference to a Sikh is a reference to a follower of the Sikh religion; and

(b)any reference to a Sikh being [F17at a workplace] is a reference to his being there whether while at work or otherwise.

(9)This section shall have effect in relation to any [F18relevant workplace] within the territorial sea adjacent to Great Britain as it has effect in relation to any [F19workplace] within Great Britain.

(10)In subsection (9) [F20relevant workplace” means any workplace where work is being undertaken if the premises and the activities being undertaken there are premises and activities to which the Health and Safety at Work etc. Act 1974 applies by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013.]

Annotations:

Amendments (Textual)

F9Words in s. 11 sidenote substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(10), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F10Words in s. 11(1) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(2), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F11Words in s. 11(2)(a) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(3), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F12Words in s. 11(5) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(4), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F13S. 11(6A)(6B) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(5), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F14Words in s. 11(7) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 6(6)(a), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F15Words in s. 11(7) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(6)(b), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F16Words in s. 11(7) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(6)(c), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F17Words in s. 11(8)(b) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(7), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F18Words in s. 11(9) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(8)(a), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F19Word in s. 11(9) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(8)(b), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

F20Words in s. 11(10) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(9), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(1))

12 Protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets.E+W+S

(1)Where—

(a)any person applies to a Sikh any [F21provision, criterion or practice] relating to the wearing by him of a safety helmet while he is [F22at a workplace], and

(b)at the time when he so applies the [F21provision, criterion or practice] that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when [F23at such a workplace],

then, for the purpose of determining whether the application of the [F21provision, criterion or practice] to the Sikh constitutes an act of discrimination falling within [F24section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied]

(2)Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) above shall not be regarded for the purposes of [F25section 13 of the Equality Act 2010 as giving rise to discrimination against any other person]

(3)[F26Subsections (6A) to (10)] of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section.

Annotations:

Amendments (Textual)

F21Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(2) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F24Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(3) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F25Words in s. 12(2) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(4) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F2713 Written statements of terms of employmentE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,

Annotations:

Amendments (Textual)

Time off for trade union dutiesE+W+S

F2814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Reasons for dismissalE+W+S

F2915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F29S. 15 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

RedundancyE+W+S

F3016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F30S. 16 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F3117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F31S. 17 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

InsolvencyE+W+S

F3218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F32S. 18 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

19

F33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F33S. 19(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Pre-hearing reviewsE+W+S

F3520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F35S. 20 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

Removal of requirement to register storage of filmE+W+S

F3621 Removal of requirement to notify local authority of storage of celluloid film.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Dissolution of Training CommissionE+W+S+N.I.

22 Dissolution of Training Commission.E+W+S+N.I.

(1)The Training Commission shall be dissolved on the date on which this Act is passed.

(2)Subject to subsection (3), all the property, rights and liabilities to which the Training Commission was entitled or subject immediately before that date shall on that date become property, rights and liabilities of the Secretary of State for Employment.

(3)Any liability in respect of pensions, superannuation allowances or gratuities which, but for the passing of this Act, would have arisen or existed on or after that date as a liability of the Training Commission to or in respect of the chairman or any former chairman of the Commission shall instead be a liability of the Paymaster General.

(4)The M5Industrial Training Act 1982 shall have effect subject to the amendments specified in Schedule 4 to this Act (by virtue of which functions of the Training Commission under that Act are transferred to the Secretary of State).

(5)Schedule 5 to this Act shall have effect for the purpose of supplementing the provisions of this section.

(6)References in this Act to property, rights and liabilities of the Training Commission are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Commission.

Annotations:

Marginal Citations

Industrial training boardsE+W+S

23 Consultation in connection with industrial training orders.E+W+S

In section 1 of the Industrial Training Act 1982 (establishment of industrial training boards), the following subsection shall be substituted for subsections (4) and (5)—

(4)Before making an industrial training order the Secretary of State shall consult—

(a)such organisations or associations of organisations appearing to him to be representative of substantial numbers of employers, and such bodies established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, as he thinks fit; and

(b)such other organisations, associations or bodies (if any) as he thinks fit.

24 Transfer of assets or staff of industrial training boards.E+W+S

(1)The following sections shall be inserted after section 3 of the M6Industrial Training Act 1982—

3A Transfer of assets on revocation or amendment of industrial training order.

(1)Where an order has been made under section 1 above which—

(a)revokes an industrial training order, or

(b)amends such an order so as to exclude from the scope of operation of an industrial training board some of the activities in relation to which it exercises functions,

the board concerned—

(i)may with the consent of the Secretary of State, or

(ii)shall if he so directs,

transfer all or any of its assets to any person on trust to be used for charitable purposes which are related to or connected with training for employment.

(2)A transfer under subsection (1) above may be made for a consideration which is less than the market value of the assets transferred or for no consideration; and different assets may be transferred by a board under that subsection to different persons.

(3)It is hereby declared that a transfer under subsection (1) above may be made in a case where an industrial training order is revoked even if the assets of the board concerned are (or will be after the transfer) insufficient to meet its liabilities and the expenses of the winding up of the board in pursuance of section 4(1) below.

(4)Subject to subsection (5) below, the provisions of section 15(5) to (9) below shall apply in relation to any direction given by the Secretary of State under subsection (1) above as they apply in relation to any direction given by him under section 15(1) or (2) below.

(5)Where any such direction is given in a case where an industrial training order is revoked, those provisions shall so apply with the omission from section 15(6) below of the words from “during such period” onwards.

3B Transfer of staff employed by boards.

(1)If arrangements are made (whether in connection with a transfer of assets under section 3A(1) above or otherwise) for any activities of an industrial training board to be carried on by some other person (“the transferee”) as from a particular date, this section shall have effect in relation to any employee of the board who, immediately before that date, was employed wholly or mainly in connection with those activities.

(2)The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to any such employee of the board in accordance with subsection (3) below.

(3)For the purposes of the application of those Regulations in relation to any such employee, the activities referred to in subsection (1) above shall (whether or not they would otherwise be so regarded) be regarded—

(a)as constituting an undertaking within the meaning of those Regulations which is transferred from the board to the transferee on the date referred to in that subsection, and

(b)as being so transferred by a transfer to which those Regulations apply and which is completed on that date.

(4)A certificate issued by an industrial training board, in connection with any such arrangements as are referred to in subsection (1) above, to the effect that a person was, immediately before the date referred to in that subsection, employed by the board wholly or mainly in connection with the activities to which the arrangements relate shall be conclusive evidence of the facts stated in the certificate.

(2)In section 4(2) of the M7Industrial Training Act 1982 (winding up of industrial training boards), the following provisions shall be substituted for paragraph (b)—

(b)for any assets of the board which are not required to meet those liabilities and expenses to be transferred to the Secretary of State and for those assets to be applied for purposes specified in the order.

Any reference in this subsection to the assets of the board is a reference to the assets (if any) held by it after the making of any transfer or transfers under section 3A(1) above.

Annotations:

Marginal Citations

25 Constitution of industrial training boards.E+W+S

(1)In Schedule 1 to the Industrial Training Act 1982 (constitution etc. of industrial training boards), the following paragraph shall be substituted for paragraph 3—

3(1)An industrial training board shall consist of—

(a)a chairman and, if the Secretary of State thinks fit, a deputy chairman, each of whom shall be a person appearing to the Secretary of State to have industrial or commercial experience;

(b)such number of persons appointed after the appropriate consultation as the Secretary of State thinks fit; and

(c)such other persons (if any) whom it appears to the Secretary of State to be appropriate to appoint in addition to those appointed by virtue of paragraph (b) above.

(2)A person appointed by virtue of sub-paragraph (1)(b) above shall at the time of his appointment be a person appearing to the Secretary of State to be concerned (whether as a director, manager or sole proprietor or otherwise) in the management of the activities, or any of the activities, of an employer engaging in the industry; and the reference in that provision to the appropriate consultation is areference to consultation with such organisations, or associations of organisations, representative of employers engaging in the industry as appear to the Secretary of State to be appropriate.

(3)The Secretary of State shall not make any appointment by virtue of sub-paragraph (1)(c) above if to do so would result in the number of persons for the time being appointed by virtue of that provision being equal to, or greater than, the number of persons for the time being appointed by virtue of sub-paragraph (1)(b) above.

(4)References in the following provisions of this Schedule to a chairman include a deputy chairman.

(2)Subject to subsection (4) below, the Secretary of State may reconstitute the membership of an industrial training board as from any time after the passing of this Act—

(a)by terminating such of the appointments of its existing members as would otherwise expire after that time, and

(b)by making fresh appointments to it, as from that time, in accordance with the provisions substituted by subsection (1) above.

(3)The termination of a person’s appointment to an industrial training board in accordance with paragraph (a) of subsection (2) above shall not preclude him from being re-appointed to the board in pursuance of paragraph (b) of that subsection.

(4)The power conferred on the Secretary of State by subsection (2) above shall not be exercisable in relation to an industrial training board if all of its members were appointed to it in accordance with the provisions substituted by subsection (1) above (whether they were so appointed in pursuance of subsection (2)(b) above or otherwise).

Transfer of staff employed in Skills Training AgencyE+W+S

F3726 Transfer of staff employed in Skills Training Agency.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

GeneralE+W+S+N.I.

27 Power to make corresponding provision for Northern Ireland.N.I.

(1)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M8Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of any of the following provisions of this Act, namely, sections 1 to 6, 7(1), 8 to 11 F38. . .—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b)shall be subject to annulment in pursuance of a resolution of either House.

(2)It is hereby declared that for the purposes of the M9Northern Ireland Constitution Act 1973 a provision contained in—

(a)an Order in Council under paragraph 1(1)(b) of Schedule 1 to the said Act of 1974 which states that it is made only for purposes corresponding to section 1, 2, 6 or 10(3) to (6) of this Act, or

(b)any statutory rule for the purposes of the M10Statutory Rules (Northern Ireland) Order 1979 made under such an Order as is mentioned in paragraph (a),

is not a provision dealing with an excepted matter.

Annotations:

Amendments (Textual)

F38Words in s. 27(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Marginal Citations

M10S.I. 1979/1573 (N9..I. 12).

28 Orders.E+W+S

(1)Any power to make an order under this Act shall be exercisable by statutory instrument.

F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any statutory instrument containing an order under this Act other than—

F39(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)an order under section 30,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)An order under this Act may contain such consequential or transitional provisions or savings as appear to the Secretary of State to be necessary or expedient.

29 Interpretation, minor and consequential amendments, repeals, etc.E+W+S+N.I.

(1)In this Act—

(2)Any reference in this Act to vocational training shall be construed as including a reference to vocational guidance.

(3)The enactments mentioned in Schedule 6 shall have effect subject to the minor and consequential amendments specified in that Schedule.

(4)The enactments mentioned in Schedule 7 (which include some spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

(5)The instruments mentioned in Schedule 8 are hereby revoked to the extent specified in the third column of that Schedule.

(6)The transitional provisions and savings contained in Schedule 9 shall have effect.

Annotations:

Amendments (Textual)

F41Words in s. 29(1) repealed by 2010 c. 15 Sch. 26 Pt. 1 para. 17 Sch. 27 Pt. 1 (as amended) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5, Sch. 2 (see S.I. 2010/2317, art. 2)

F42Definition in s. 29(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Marginal Citations

30 Short title, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Employment Act 1989.

F43(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)With the exception of the provisions mentioned in subsection (6), this Act does not extend to Northern Ireland.

(6)Those provisions are—

(a)sections 10(1) and (2) and 29(3) and (4) and Schedules 3, 6 and 7 so far as they amend or repeal any enactment which extends to Northern Ireland (other than an enactment contained in the M12Celluloid and Cinematograph Film Act 1922);

(b)section 10(6);

(c)paragraph 2 of Schedule 5 and section 22(5) so far as relating thereto;

(d)section 27 (which extends only to Northern Ireland); and

(e)this section.

Annotations:

Amendments (Textual)

Marginal Citations

SCHEDULES

Section 4.

SCHEDULE 1E+W+S Provisions Concerned with Protection of Women at Work

EnactmentsE+W+S

Section 61 of the M13Factory and Workshop Act 1901, as set out in Schedule 5 to the M14Factories Act 1961.

Annotations:

Marginal Citations

Section 205 of the M15Public Health Act 1936.

Annotations:

Marginal Citations

Sections 74, 128 and 131 of the M16Factories Act 1961.

Annotations:

Marginal Citations

Statutory instrumentsE+W+S

Regulation 3 of the M17Regulations dated 21st January 1907 (Manufacture of paints and colours).

Annotations:

Marginal Citations

M17S.R.& O.1907/17.

Regulation 10 of the M18Regulations dated 12th August 1911 (Smelting of materials containing lead, the manufacture of red or orange lead, and the manufacture of flaked litharge).

Annotations:

Marginal Citations

M18S.R.& O.1911/752.

Regulation 1 of the M19Indiarubber Regulations 1922.

Annotations:

Marginal Citations

M19S.R.& O.1922/329.

Regulation 1(ii) of the M20Electric Accumulator Regulations 1925.

Annotations:

Marginal Citations

M20S.R.& O.1925/28.

Regulation 6(1)(i) to (vi) of the M21Pottery (Health and Welfare) Special Regulations 1950.

Annotations:

Marginal Citations

[F44Paragraphs 5 and 11 of Schedule 4 to the Ionising Radiations Regulations 1999 [S.I. 1999/3232]]

Annotations:

Amendments (Textual)

F44Words in Sch. 1 substituted (1.1.2000) by S.I. 1999/3232, reg. 41(1), Sch. 9 para. 1

Article 20(8) of the M22Air Navigation Order 1985 so far as relating to pregnancy.

Annotations:

Marginal Citations

Other instrumentsE+W+S

Paragraph 118 of the Approved Code of Practice relating to the M23Control of Lead at Work Regulations 1980 (approved under section 16 of the M24Health and Safety at Work etc. Act 1974).

The following provisions of the medical standards contained in Merchant Shipping Notice No. M 1331 (issued for the purposes of Regulation 7 of the M25Merchant Shipping (Medical Examination) Regulations 1983), namely—

(a)Part X so far as relating to gynaecological conditions, and

(b)Part XI.

Annotations:

Marginal Citations

Section 9.

SCHEDULE 2E+W+S Revocation etc. of Subordinate Legislation Requiring Different Treatment of Certain Employees

F45Part IE+W+S Provisions Revoked

Annotations:

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W+S Amendments

F461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

3In each of the following provisions, namely—E+W+S

for “sanitary convenience provided at the mine for the use of females” substitute “ water closet provided at the mine above ground ”.

4In Regulation 13(1) of the M26Quarries (Ropeways and Vehicles) Regulations 1958, for “, other than a male person who has attained” substitute “ under ”.E+W+S

Annotations:

Marginal Citations

Section 10.

SCHEDULE 3E+W+S+N.I. Removal of Restrictions Relating to Employment of Young Persons

F48Part IE+W+S+N.I. Repeals relating to Restrictions with Respect to Hours of Employment and Holidays

Annotations:

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49Part IIE+W+S+N.I. Repeals Relating to Other Requirements

Annotations:

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W+S+N.I. Amendment of Certain Age Limits

E+W+S+N.I. Employment of Women, Young Persons, and Children Act 1920 (c.65)

1In section 1 (obligation of employer to keep register of young persons employed in industrial undertaking), for subsection (4) substitute—E+W+S+N.I.

(4)Where persons under the age of sixteen years are employed in any industrial undertaking, a register of all persons under that age who are so employed, and of the dates of their birth, shall be kept and shall at all times be open to inspection.

E+W+S+N.I. Children and Young Persons Act 1933 (c.12)

2In section 20 (street trading)—E+W+S

(a)for subsection (1) substitute—

(1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.;

(b)in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”; and

F50(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

3In section 21(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.E+W+S+N.I.

4In section 23 (prohibition on persons under 16 taking part in performances endangering life and limb)—E+W+S+N.I.

(a)for “person under the age of sixteen years” substitute “ child ”; and

(b)for “such a person” substitute “ a child ”.

5In section 24 (restrictions on training for performances of a dangerous nature)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “person”, in the first place where it occurs, substitute “ child ”, and

(ii)for “person under the age of sixteen years” substitute “ child who has attained that age ”; and

(b)in subsection (2), for “person who has attained the age of twelve years but is under the age of sixteen years” substitute “ child who has attained the age of twelve years ”.

6In section 25 (restriction on persons under 18 going abroad for the purpose of performing for profit)—E+W+S+N.I.

(a)in subsection (1), for “person under the age of eighteen years”, in both places where those words occur, and for “person under that age” substitute “ child ”; and

(b)in subsection (2), for “person who has attained the age of fourteen years but is under the age of eighteen years” substitute “ child who has attained the age of fourteen years ”.

7In section 26 (punishment of contraventions of section 25, etc.)—E+W+S+N.I.

(a)in subsection (1), for “the person” substitute “ the child in question ”; and

(b)in subsection (2)—

(i)for “a person under the age of eighteen years” substitute “ a child ”,

(ii)for “that person” substitute “ that child ”, and

(iii)for “the person in question” substitute “ the child ”.

8In section 30 (interpretation of provisions about the employment of children)—E+W+S+N.I.

(a)after “made thereunder—” insert—

The expression “child” means—

(a)in relation to England and Wales, a person who is not for the purposes of the Education Act 1944 over compulsory school age;

(b)in relation to Scotland, a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; and

(c)in relation to Northern Ireland, a person who is not for the purposes of the Education and Libraries (Northern Ireland) Order 1986 over compulsory school age;; and

(b)at the end of that section add the following subsection—

(2)This section, so far as it has effect for the purposes of sections 25 and 26 of this Act, extends to Scotland and to Northern Ireland.;

and the existing provisions of that section (as amended by sub-paragraph (a) above) shall accordingly constitute subsection (1) of that section.

E+W+S Children and Young Persons (Scotland) Act 1937 (c.37)

9In section 30 (street trading)—E+W+S

(a)for subsection (1) substitute—

(1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.; and

(b)in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”.

10In section 31(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.E+W+S

11In section 33 (prohibition on persons under 16 taking part in performances endangering life and limb)—E+W+S

(a)for “person under the age of sixteen years” substitute “child”; and

(b)for “such a person” substitute “a child”.

12In section 34 (restrictions on training for performances of a dangerous nature)—E+W+S

(a)in subsection (1)—

(i)for “person”, in the first place where it occurs, substitute “ child ”, and

(ii)for “person under the age of sixteen years” substitute “ child who has attained that age ”; and

(b)in subsection (2), for “person who has attained the age of twelve years but is under the age of sixteen years” substitute “ child who has attained the age of twelve years ”.

13In section 37 (interpretation of provisions about the employment of children), after “made thereunder—” insert—E+W+S

(a)The expression “child” means a person who is not for the purposes of the Education (Scotland) Act 1980 over school age;.

E+W+S Factories Act 1961 (c.34)

14In section 117(1) (exemptions from provisions regulating hours of employment), for “of or over the age of sixteen” substitute “ (other than children) ”.E+W+S

Section 22(4).

SCHEDULE 4E+W+S Dissolution of Training Commission: Amendments of the Industrial Training Act 1982

1(1)Section 1 (establishment of industrial training boards) shall be amended as follows.E+W+S

F51(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (7), for “section 3(2)” substitute “ section 3(1)(b) ”.

2In section 2(1) (power of industrial training boards to delegate functions to committees with approval of Training Commission), for “Commission” substitute “ Secretary of State ”.E+W+S

3For section 3 substitute—E+W+S

3 Transfer of establishments’ activities from industry of one board to that of another.

(1)If an employer in the industry of an industrial training board requests the Secretary of State in writing to secure that the activities carried on at a particular establishment of the employer shall, instead of being included for the purposes of this Act in that industry, be included for those purposes in the industry of another industrial training board, the Secretary of State—

(a)shall consult both boards in question about the request; and

(b)after such consultation, may if he thinks fit make an order giving effect to that request.

(2)The power to make an order under this section shall be exercisable by statutory instrument.

4(1)Section 5 (functions of industrial training boards) shall be amended as follows.E+W+S

(2)In subsections (3)(b) and (6), for “Commission”, wherever occurring, substitute “ Secretary of State ”.

(3)In subsection (5)—

(a)for “Commission for its”, in both places where those words occur, substitute “ Secretary of State for his ”; and

(b)for “Commission and approved by it” substitute “ Secretary of State and approved by him ”.

F535. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

6(1)Section 7 (exercise of power of industrial training board to obtain information) shall be amended as follows.E+W+S

(2)In subsection (1)—

(a)for the words from “Commission may” to “State,” substitute “ Secretary of State may ”; and

(b)for the words from “Commission considers” to “purposes of its” substitute “ Secretary of State considers that he needs for the purposes of his ”.

(3)In subsection (2), for the words from “Commission and” to “as the Commission” substitute “ Secretary of State and contain such information as he ”.

F54(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

7(1)Section 8 (reports and accounts) shall be amended as follows.E+W+S

(2)In subsection (1), for the words from “Commission” to “State and” substitute “ Secretary of State may, with the approval of ”.

(3)In subsection (3), for “Commission” substitute “ Secretary of State ”.

(4)In subsection (4), for the words from “Commission” to “and he” substitute “ Secretary of State ”.

F558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F569. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

10(1)Section 11 (levies) shall be amended as follows.E+W+S

(2)In subsection (1)—

(a)for “Commission for the Commission’s approval” substitute “ Secretary of State ”; and

F57(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (2), for “approved by the Commission” substitute “ submitted to him ”.

(4)In subsection (5), for the words from “Commission” to “for that purpose” substitute “ Secretary of State shall not make a levy order in pursuance of the levy proposals unless he is satisfied that they are necessary to encourage adequate training in the industry ”.

Annotations:

Amendments (Textual)

11In section 12(1) (information to be included in levy proposals)—E+W+S

(a)for “Commission” substitute “ Secretary of State ”; and

(b)for “the Secretary of State” substitute “ him ”.

12(1)Section 13 (proposals for exemption certificates) shall be amended as follows.E+W+S

(2)In subsection (1), for “Commission for its” substitute “ Secretary of State for his ”.

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For subsection (5) substitute—

(5)If the Secretary of State approves proposals submitted to him by a board under subsection (1) above and informs the board of his approval, the board shall arrange for them to be published as soon as practicable in a manner approved by the Secretary of State.

Annotations:

Amendments (Textual)

13(1)Section 15 (default powers in relation to proposals) shall be amended as follows.E+W+S

(2)In subsection (1)—

(a)for “Commission” substitute “ Secretary of State ”; and

(b)for “to it” substitute “ to him ”.

(3)For subsection (2) substitute—

(2)Where proposals submitted to the Secretary of State under section 5(5), 11(1) or 13(1) above appear unsatisfactory to him, he may direct the board to submit fresh proposals within a specified time, stating in the direction in what respect the proposals already submitted appear to him unsatisfactory; and where the fresh proposals also appear unsatisfactory to the Secretary of State, he may make an order (in this section referred to as “a default order”) declaring the board to be in default.

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For subsection (5) substitute—

(5)Where a board has failed to comply with a direction of the Secretary of State under subsection (1) or (2) above within the time specified in the direction, he may make a default order.

Annotations:

Amendments (Textual)

F6014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

15(1)Section 17 (financial provisions) shall be amended as follows.E+W+S

(2)In subsection (1), for the words from “Commission” to “State” substitute “ Secretary of State may ”.

(3)In subsection (2)—

(a)for “Commission”, in the first place where it occurs, substitute “ Secretary of State ”; and

(b)for “the Commission”, in the second place where those words occur, substitute “ he ”.

(4)In subsection (3)—

(a)for “Commission”, in the first place where it occurs, substitute “ Secretary of State ”; and

(b)for “the Commission”, in the second place where those words occur, substitute “ him ”.

(5)In subsection (5), for “Commission” substitute “ Secretary of State ”.

16(1)Paragraph 7 of Schedule 1 (persons entitled to attend meetings of industrial training board or committees of board) shall be amended as follows.E+W+S

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In sub-paragraph (2), for “Commission” substitute “ Secretary of State ”.

Annotations:

Amendments (Textual)

Section 22(5).

SCHEDULE 5E+W+S+N.I. Dissolution of Training Commission: Supplementary Provisions

InterpretationE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

(a)in relation to any function of the Commission, the Secretary of State; and

(b)in relation to any property, right or liability of the Commission, the Secretary of State for Employment.

Annotations:

Marginal Citations

Incorporation of Secretary of State for EmploymentE+W+S

2(1)The person who on the date on which this Act is passed is Secretary of State for Employment and his successors shall be, by that name, a corporation sole, with a corporate seal.E+W+S

(2)The corporate seal of the Secretary of State for Employment shall be authenticated by the signature of a Secretary of State or of a Secretary to the Department of Employment, or by a person authorised by a Secretary of State to act for the purpose.

(3)The corporate seal of the Secretary of State for Employment shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Secretary of State for Employment and to be sealed with that seal authenticated in the manner provided by sub-paragraph (2), or to be signed or executed by a Secretary to the Department of Employment, or a person authorised as mentioned in that sub-paragraph, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.

(4)A certificate signed by the Secretary of State for Employment that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of that fact.

(5)Any document made or issued at any time before the date on which this Act is passed—

(a)by the Secretary of State for Employment (whether as such or as the Secretary of State for Employment and Productivity), or

(b)by the Minister of Labour in connection with matters which, on that date, fall within the responsibilities of the Secretary of State for Employment,

shall, if effective immediately before that date, have effect as from that date as if it had been made or issued by the Secretary of State for Employment as a corporation sole; and where the document was sealed or signed as mentioned in section 11(2) of the M29New Ministries and Secretaries Act 1916 (as in force at the time of the sealing or signing of the document) it shall have effect as from that date as if it had been sealed or (as the case may be) signed as mentioned in sub-paragraph (3) above.

(6)Accordingly any document to which section 11(2) of that Act applied immediately before that date shall be treated for the purposes of sub-paragraph (3) above as if it were a document purporting to be such an instrument as is mentioned in that sub-paragraph; and the repeal by this Act of section 11(3) of that Act shall not affect the validity of any certificate issued before that date in pursuance of that provision.

Annotations:

Marginal Citations

Provisions as to the vesting of property etc. of CommissionE+W+S

3(1)Anything done by or in relation to the Commission, if in force or effective immediately before the date on which this Act is passed, shall have effect, so far as may be required for continuing its effect on or after that date, as if done by or in relation to the relevant Minister.E+W+S

(2)Anything which immediately before that date was in the process of being done by or in relation to the Commission may be continued on or after that date by or in relation to the relevant Minister.

(3)This paragraph applies in particular to things done by or in relation to the Commission for purposes of, or in connection with, functions which are transferred to the Secretary of State by section 22(4) of, and Schedule 4 to, this Act; but sub-paragraph (1) is subject to paragraph 7 of this Schedule.

4F62(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

(2)Every agreement (whether written or not), and every instrument or other document, which relates to any function, property, right or liability of the Commission shall have effect, so far as may be required for continuing its effect on or after the date on which this Act is passed, as if—

(a)where the Commission is a party to it, the relevant Minister were substituted as that party,

(b)for any reference to the Commission (including any reference which is to be construed as such a reference) there were substituted a reference to the relevant Minister,

(c)for any reference (however worded and whether express or implied) to the chairman or deputy chairman or any member of the Commission (including any reference which is to be construed as such a reference) there were substituted a reference to such officer or officers as the relevant Minister shall appoint for the purpose, and

(d)for any reference to the office or place of business of the Commission (including any reference which is to be construed as such a reference) there were substituted a reference to the principal office of the relevant Minister.

Annotations:

Amendments (Textual)

5(1)The power of the Secretary of State to make determinations under paragraph 6 of Schedule 1 to the M30Employment and Training Act 1973 shall, notwithstanding the repeal by this Act of that paragraph, continue to be exercisable by him in relation to preserved pensions.E+W+S

(2)Any function which immediately before the date on which this Act is passed was a function of the Commission in relation to preserved pensions (other than its function of making payments in respect of such pensions) shall on that date become a function of the Secretary of State.

(3)References to the relevant Minister in paragraphs 3 and 4 of this Schedule shall, in the application of those paragraphs in relation to—

(a)the Commission’s function of making payments in respect of preserved pensions, or

(b)any liability in respect of such pensions which is transferred by section 22(3) of this Act,

be construed as references to the Paymaster General.

(4)In this paragraph “preserved pensions” means pensions, superannuation allowances or gratuities in respect of which liabilities are transferred to the Paymaster General by section 22(3) of this Act.

Annotations:

Marginal Citations

Final accountsE+W+S

F636. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Provisions relating to the 1982 ActE+W+S

7Where anything done by the Commission before the date on which this Act is passed for the purposes of any provision of the 1982 Act required the approval of the Secretary of State, it shall not have effect by virtue of paragraph 3(1) of this Schedule as if done by the Secretary of State unless it was done with his approval.E+W+S

8It is hereby declared for the avoidance of doubt that where before the date on which this Act is passed—E+W+S

(a)levy proposals were approved by the Commission under section 11(1) of the 1982 Act, or

(b)proposals for the issue of exemption certificates were approved by the Commission under section 13 of the 1982 Act,

the proposals shall not by virtue of paragraph 3(1) of this Schedule be taken to have been approved by the Secretary of State.

9(1)For the purposes of subsection (4) of section 1 of the 1982 Act (as substituted by section 23 of this Act) any consultation carried out by the Commission in pursuance of subsection (5) of that section before the date on which this Act is passed in connection with a proposed industrial training order shall be taken to have been carried out by the Secretary of State in connection with that proposed order.E+W+S

(2)For the purposes of subsection (1) of section 3 of the 1982 Act (as substituted by paragraph 3 of Schedule 4 to this Act), any consultation carried out by the Commission in pursuance of that subsection before that date in connection with a request made under that subsection shall be taken to have been carried out by the Secretary of State in connection with that request.

(3)For the purposes of section 15 of the 1982 Act (as amended by paragraph 13 of that Schedule)—

(a)any direction of the Commission given before that date under section 15(1) shall have effect as if given by the Secretary of State under section 15(1) (as so amended),

(b)any direction of the Commission given before that date under section 15(2) or (3) shall have effect as if given by the Secretary of State under section 15(2) (as so amended),

(c)any proposals submitted to the Commission before that date in pursuance of a direction under section 15(1) shall be taken to have been submitted to the Secretary of State in pursuance of a direction given by him under section 15(1) (as so amended), and

(d)any proposals submitted to the Commission before that date in pursuance of a direction under section 15(2) or (3) shall be taken to have been submitted to the Secretary of State in pursuance of a direction given by him under section 15(2) (as so amended).

(4)Sub-paragraphs (1) to (3) are without prejudice to the generality of paragraph 3 of this Schedule.

Notifications of vacancies etc. for purposes of unemployment benefitE+W+S

F6410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Saving of 1988 OrderE+W+S

11Any provisions of the M311988 Order having effect immediately before the date on which this Act is passed shall continue in force notwithstanding the repeal by this Act of provisions of Schedule 2 to the Employment Act 1988.E+W+S

Annotations:

Marginal Citations

Section 29(3).

SCHEDULE 6E+W+S+N.I. Minor and Consequential Amendments

Employment of Women, Young Persons, and Children Act 1920 (c.65)E+W+S+N.I.

1In section 1(6) (enforcement of restrictions on employment of women etc.)—E+W+S+N.I.

(a)for paragraph (a) substitute—

(a)The following provisions, namely—

(i)sections 21(1) and (2) and 28(1) and (3) of the Children and Young Persons Act 1933,

(ii)sections 31(1) and (2) and 36(1) and (3) of the Children and Young Persons (Scotland) Act 1937, or

(iii)sections 39(1) and (3) to (5) and 45(1), (3) and (4) of the Children and Young Persons Act (Northern Ireland) 1968,

shall have effect in relation to the employment of a child in an industrial undertaking in contravention of this Act as they have effect in relation to the employment of a child in contravention of Part II of that Act of 1933, of Part III of that Act of 1937 or of Part III of that Act of 1968, as the case may be; and; and

(b)in paragraph (c), for “young person” substitute “ person under the age of sixteen years ”.

Prospective

2In section 4 (interpretation), in the definition of industrial undertaking, for the words from “with respect” to “Parts I, II” substitute “ the meaning assigned to it by Part I ”.E+W+S+N.I.

Shops Act 1950 (c. 28)E+W+S

F653. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F664. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F675. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Factories Act 1961 (c. 34)E+W+S

6In section 176(5) (application of provisions of Act to young persons employed outside factories) for the words from “the provisions” to “expressly provided,” substitute “section 119 of this Act shall not apply”.E+W+S

Children and Young Persons Act 1963 (c. 37)E+W+S+N.I.

7In section 41(1) (licences for training persons between 12 and 16 for performances of a dangerous nature), for “persons under the age of sixteen” substitute “ children ”.E+W+S+N.I.

8In section 42(1) (licences for children and young persons performing abroad), for “persons under eighteen” substitute “ children ”.E+W+S+N.I.

Employment and Training Act 1973 (c. 50)E+W+S

9(1)Section 4 (disclosure of certain information) shall be amended as follows.E+W+S

(2)In subsection (3)—

(a)for “said Act of 1947” substitute “ Statistics of Trade Act 1947 ”;

(b)omit paragraphs (a) and (b);

(c)for paragraph (c) substitute—

(c)the disclosure by the Secretary of State to a board of relevant information;;

(d)in paragraph (e), omit “or the Commission” wherever occurring; and

(e)in paragraph (f), omit the words from “to a person” to “acting jointly,”.

(3)After subsection (3) insert—

(3A)Where the Secretary of State discloses information to a board or any other person under subsection (3)(c) or (f) of this section, he shall give a notice in writing to that person specifying the purposes for which the information may be used.

(4)In subsection (5)(c) for “that paragraph” substitute “ subsection (3A) of this section ”.

Health and Safety at Work etc. Act 1974 (c. 37)E+W+S+N.I.

10(1)Section 27 (obtaining and disclosure of certain information) shall be amended as follows.E+W+S+N.I.

(2)In subsection (2), omit paragraph (b) and the word “or” immediately preceding it.

(3)In subsection (3), for the words from “, the Executive” to “Agencies” substitute “ or the Executive ”.

11(1)Section 55 (functions of employment medical advisory service) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)(a), omit “, the Training Commission”.

(3)In subsection (6)(b), for “Commissions there mentioned” substitute “ Health and Safety Commission ”.

Sex Discrimination Act 1975 (c. 65)E+W+S

12In section 16(2)(b) (discrimination in provision of facilities or services under section 2 of the M32Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.E+W+S

Annotations:

Marginal Citations

Scottish Development Agency Act 1975 (c. 69)E+W+S

[F6813In section 11(6) (disclosure of certain information)—E+W+S

(a)omit the words from “, the Training Commission” to “Training Services Agency”; and

(b)for “Commission and Agencies” substitute “ Secretary of State ”.]

Welsh Development Agency Act 1975 (c. 70)E+W+S+N.I.

14In section 24(6) (disclosure of certain information)—E+W+S+N.I.

(a)omit the words from “, the Training Commission” to “Training Services Agency”; and

(b)for “Commission and Agencies” substitute “ Secretary of State ”.

Race Relations Act 1976 (c. 74)E+W+S

15In section 15(2)(b) (discrimination in provision of facilities or services under section 2 of the M33Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.E+W+S

Annotations:

Marginal Citations

F6916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Development of Rural Wales Act 1976 (c. 75)E+W+S

F7017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

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

F7118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W+S

Annotations:

Amendments (Textual)

F7421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7724. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F7926. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F79Sch. 6 para. 26 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

Local Government, Planning and Land Act 1980 (c. 65)E+W+S+N.I.

F8027. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

Agricultural Training Board Act 1982 (c. 9)E+W+S

F8128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Industrial Training Act 1982 (c. 10)E+W+S

29In paragraph 6 of Schedule 1 (persons entitled to vote in connection with a levy), for the words from “sub-paragraph (a)” to “that sub-paragraph” substitute “ sub-paragraph (1)(b) of paragraph 3 above ”.E+W+S

Sex Discrimination Act 1986 (c. 59)E+W+S

F8230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Section 29(4).

SCHEDULE 7E+W+S+N.I. Repeals

Part IE+W+S+N.I. Repeals coming into force on Royal Assent

ChapterShort titleExtent of repeal
1916 c. 68.New Ministries and Secretaries Act 1916.The whole Act.
1967 c. 13.Parliamentary Commissioner Act 1967.In Schedule 2, the entry relating to the Training Commission.
1973 c. 50.Employment and Training Act 1973.Section 1.
Section 2(4) and (6).
Section 3.
In section 4, subsections (1) and (2), in subsection (3) paragraphs (a) and (b), the words “or the Commission” wherever occurring in paragraph (e) and the words from “to a person” to “acting jointly,” in paragraph(f), in subsection (4) the words “, the Commission”, in subsection (5) paragraphs (a) and (b) and “, (d)” in paragraph (c), and subsection (6).
In section 5(3)(a), the words from “or with a function” onwards.
Section 11(1).
In section 12, in subsection (1) the words from “and of the Commission” to “this Act” and the words “or it”, and in subsections (1A) and (2) the words “of the Commission and” wherever occurring.
In section 13(1), the definitions of “the Commission” and “modifications”.
Schedule 1.
In Schedule 3, paragraph 9.
1974 c. 37.Health and Safety at Work etc. Act 1974.Section 27(2)(b) and the word “or” immediately preceding it.
In section 55(1)(a), the words “, the Training Commission”.
1975 c. 14.Social Security Act 1975.In section 20(5), the words “the Training Commission,” wherever occurring.
1975 c. 24.House of Commons Disqualification Act 1975.In Part III of Schedule 1, the entry relating to the chairman of the Training Commission.
1975 c. 25.Northern Ireland Assembly Disqualification Act 1975.In Part III of Schedule 1, the entry relating to the chairman of the Training Commission.
1975 c. 65.Sex Discrimination Act 1975.Section 14(2)(b).
In section 16(1), the words “or the Training Commission”.>
[F831975 c. 69.][F83Scottish Development Agency Act 1975.][F83In section 11(6), the words from “, the Training Commission” to “Training Services Agency”.]
1975 c. 70.Welsh Development Agency Act 1975.In section 24(6), the words from “, the Training Commission” to “Training Services Agency”.
1975 c. 71.Employment Protection Act 1975.In Schedule 14, paragraphs 1, 4 and 5.
1976 c. 74.Race Relations Act 1976.Section 13(2)(b).
In section 15(1), the words “or the Training Commission”.
1976 c. 75.Development of Rural Wales Act 1976.In section 17(1), the words from “, the Training Commission” to “Training Services Agency,”.
1981 c. 57.Employment and Training Act 1981.In section 10(2), the words “the Training Commission,”.
In Schedule 2, Part I, and in Part II paragraphs 8, 9, 12, 14, 15, 17, 19 and 21.
1982 c. 9.Agricultural Training Board Act 1982.In section 4(1)(f), “, 3”.
1982 c. 10.Industrial Training Act 1982.In section 1, in subsection (2), the definition of “the Commission” and, in subsection (6), the words from “or, in a case” to “Commission”.
In section 5(3)(e), “, 3”.
In section 6(2), the words from “or to the Commission” onwards.
Section 7(3).
1982 c.10—cont.Industrial Training Act 1982—cont.In section 9(1), the words “, after consultation with the Commission,”.
In section 10(1), the words “of the Commission given with the approval”.
In section 11(1), the words from “and the Commission” onwards.
In section 13(4), the words “and the Commission”.
Section 15(3) and (4).
In section 16(4), the words from “; but no such” onwards.
In Schedule 1, in paragraph 7(1), the words “, the Training Commission”.
1982 c. 30.Local Government (Miscellaneous Provisions) Act 1982.In section 45(1), the words “the Training Commission or”.
1982 c. 43.Local Government and Planning (Scotland) Act 1982.In section 8, the words “the Training Commission or”.
1988 c. 9.Local Government Act 1988.In Schedule 6, paragraph 10(5).
1988 c. 19.Employment Act 1988.Section 24.
Section 29(1) so far as relating to the Industrial Training Act 1982.
In Schedule 2, paragraphs 2(1)(b) and 3 to 8.
In Schedule 3, in Part II, paragraphs 7 to 10 and 14(2).
Annotations:

Amendments (Textual)

Part IIE+W+S+N.I. Repeals coming into force two months after Royal Assent

1922 c. 35.Celluloid and Cinematograph Film Act 1922.In section 1, subsection (1)(a), and in subsection (2) the words from “the provisions” (where first occurring) to “this Act, and”.
Section 4(3).
1933 c. 12.Children and Young Persons Act 1933.Section 19.
1937 c. 37.Children and Young Persons (Scotland) Act 1937.Section 29.
1938 c. 69.Young Persons (Employment) Act 1938.The whole Act.
1950 c. 28.Shops Act 1950.Section 18.
Section 20.
Section 21(4).
Sections 24 to 36.
Section 68.
In section 71(3), the words from “subsection (2) of section one hundred and forty-two” to “given age),”.
Section 72.
In section 74, in subsection (1) the definition of “young person”, and subsection (2).
Part II of Schedule 3.
1954 c. 70.Mines and Quarries Act 1954.In sections 42(1), 43 and 44, the word “male”, wherever occurring.
In section 93, the words “woman or young”, in both places where they occur.
Section 124(2).
Sections 125 to 132.
In Schedule 4, the entry relating to the Young Persons (Employment) Act 1938.
1961 c. 34.Factories Act 1961.Section 11(1)(a)(iii).
In section 20, the words “woman or”, in both places where they occur.
Section 73(1).
Sections 86 to 94.
Sections 96 to 109.
Sections 112 to 116.
Section 117(1)(a).
Section 121(1)(f) (except the final “and”) and (5).
Section 126(2)(f).
Section 138(1)(d).
Section 140(1)(d).
In section 176(4), the words from “except that” onwards.
1963 c. 37.Children and Young Persons Act 1963.Section 35(1).
1963 c. 41.Offices, Shops and Railway Premises Act 1963.In section 17, subsection (3), in subsection (4) the words from “, except when any” onwards, and subsection (5).
1964 c. 66.Young Persons (Employment) Act 1964.The whole Act.
1968 c. 14.Public Expenditure and Receipts Act 1968.In Schedule 3, the entry relating to the Young Persons (Employment) Act 1938.
1971 c. 80.Banking and Financial Dealings Act 1971.Section 4(2).
In section 5(2), the words “, except section 4(2),”.
1972 c. 70.Local Government Act 1972.In Schedule 29, paragraph 46.
1973 c. 24.Employment of Children Act 1973.Section 1(5).
In Schedule 2, the first two entries.
1973 c. 65.Local Government (Scotland) Act 1973.Section 155(4).
Section 160.
1975 c. 65.Sex Discrimination Act 1975.In section 7, subsection (2)(f), and in subsection (4) “, (f)”.
In section 81, in subsections (1) and (2), “14(2)(d),”.
1976 c. 74.Race Relations Act 1976.In section 74, in subsection (2), “13(2)(d), 37(3)(b),” and, in subsection (5), “13(2)(d), 37(3)(b) or”.
1978 c. 44.Employment Protection (Consolidation) Act 1978.Sections 104 and 104A.
Section 106(4).
Section 117(2A) and (2B).
In section 153(1), the definition of “redundancy rebate”.
Schedule 6.
In Schedule 8, the entry relating to section 104 of the Act, and in the entry relating to section 108 of the Act “, (2), (4) and (5)”.
In Schedule 15, paragraph 13.
1980 c. 43.Magistrates’ Courts Act 1980.In Schedule 7, paragraph 174.
1982 c. 46.Employment Act 1982.In Schedule 2, paragraph 6(3).
In Schedule 3, paragraph 5.
1985 c. 65.Insolvency Act 1985.In Schedule 8, paragraph 31(4).
1985 c. 66.Bankruptcy (Scotland) Act 1985.In Schedule 7, paragraph 14(3).
1986 c. 45.Insolvency Act 1986.In Schedule 14, the entry relating to section 125(2) of the Employment Protection (Consolidation) Act 1978.
1986 c. 48.Wages Act 1986.Section 27.
In Schedule 4, paragraphs 8 and 11.
In Schedule 6, paragraph 9.
1986 c. 59.Sex Discrimination Act 1986.In section 5(1), the words from “, apart from” to “authority),”.
Section 7.
In section 10, in subsection (3) “, 7”, and in subsection (5), the words from “except for the purpose” onwards.
1986 c. 61.Education (No.2) Act 1986.In Schedule 4, paragraph 6.
1988 c. 19.Employment Act 1988.In Schedule 3, in Part II, paragraphs 11(1) and 12(1) and (3).

Part IIIE+W+S+N.I. Repeals coming into force on a day appointed under s. 30(4)

Annotations:

Commencement Information

I2Sch. 7 Pt. III wholly in force at 3.3.1997; Sch. 7 Pt. III not in force at Royal Assent see s. 30(4); Sch. 7 Pt. III in force for certain purposes at 26.2.1990 by S.I. 1990/189, art. 2; Sch. 7 Pt. III in force insofar as not already in force at 3.3.1997 by S.I. 1997/134, art. 2

1920 c. 65.Employment of Women, Young Persons, and Children Act 1920.Section 1(3).
In section 3(1), the words “young persons, or”.
Part II of the Schedule.
1954 c. 70.Mines and Quarries Act 1954.Section 124(1).
1961 c. 34.Factories Act 1961.In section 117(1), the words “or transport”, the words from “any of the following” to “that is to say”, and paragraph (b) and the “(c)” immediately following it.
Section 119A.
1972 c. 28.Employment Medical Advisory Service Act 1972.Section 5(1).
Section 8(1) so far as relating to section 119A of the Factories Act 1961.
1973 c. 50.Employment and Training Act 1973.In Schedule 3, paragraph 6.
1975 c. 65.Sex Discrimination Act 1975.Section 21(1).
1980 c. 42.Employment Act 1980.In Schedule 1, paragraph 9.

Section 29(5).

SCHEDULE 8E+W+S Instruments revoked

S.R.&O. 1905/1103.Regulations dated 17th October 1905 (Spinning by self-acting mules) .In Regulation 4(b), the words “woman, young person, or”.
S.R.&O. 1917/1035.Order dated 5th October 1917 (Tin or terne plate factories).Article 2.
S.R.&O. 1926/1463.Woollen and Worsted Textiles (Lifting of Heavy Weights) Regulations 1926.The whole Regulations.
S.R.&O. 1930/94.Cement Works Welfare Order 1930.Article 1(d).
S.I. 1948/1696.Jute (Safety, Health and Welfare) Regulations 1948.Regulation 4.
S.I. 1950/65.Pottery (Health and Welfare) Special Regulations 1950.In Regulation 6, paragraphs (1)(x), (2), (5) and (6).
In Regulation 12(4), the words from “; and where” onwards.
Regulation 18(7).
S.I. 1973/37.Abstract of Special Regulations (Pottery - Health and Welfare) Order 1973.Schedule 1 so far as it reproduces Regulations 6(2) and 18(7) of the Pottery (Health and Welfare) Special Regulations 1950.
Schedule 2 so far as it reproduces Regulations 6(1)(x), 6(2), 6(5), 6(6) and 18(7) of those Regulations of 1950.

Section 29(6).

SCHEDULE 9E+W+S Transitional Provisions and Savings

Sex discriminationE+W+S

1Nothing in section 3 of this Act shall render unlawful any act done by any person if—E+W+S

(a)it was done before the commencement of that section, or

(b)it was done before the commencement of section 9(3) of this Act and it was necessary for him to do it in order to comply with section 124(1) of the M34Mines and Quarries Act 1954.

Annotations:

Marginal Citations

Time off for trade union dutiesE+W+S

F842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Redundancy payments: assimilation of age limitsE+W+S

F853. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F85Sch. 9 para. 3 repealed (22.8.1996) by 196 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Redundancy rebatesE+W+S

F864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Insolvency paymentsE+W+S

F875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

Appointments to industrial training boardsE+W+S

6(1)The amendments by this Act of paragraphs 3 and 6 of Schedule 1 to the Industrial Training Act 1982 shall not apply to an industrial training board during any period during which any member of the board appointed before the passing of this Act remains in office by virtue of that appointment.E+W+S

(2)Sub-paragraph (1) above shall not be taken as precluding the Secretary of State during any such period from making appointments to the board in accordance with that Schedule as amended by this Act where they are to take effect at any time after the end of that period.