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Employment Act 1989
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- 1989 c. 38
- SCHEDULE 5
- Provisions relating to the 1982 Act
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
- S.I. 2007/2603 art. 2 commences (2006 c. 3)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
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.
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