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Employment Act 1989

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Point in time view as at 01/10/2007.

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Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

Section 4.

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

EnactmentsE+W+S

Section 61 of the M1Factory and Workshop Act 1901, as set out in Schedule 5 to the M2Factories Act 1961.

Marginal Citations

Section 205 of the M3Public Health Act 1936.

Marginal Citations

Sections 74, 128 and 131 of the M4Factories Act 1961.

Marginal Citations

Statutory instrumentsE+W+S

Regulation 3 of the M5Regulations dated 21st January 1907 (Manufacture of paints and colours).

Marginal Citations

M5S.R.& O.1907/17.

Regulation 10 of the M6Regulations dated 12th August 1911 (Smelting of materials containing lead, the manufacture of red or orange lead, and the manufacture of flaked litharge).

Marginal Citations

M6S.R.& O.1911/752.

Regulation 1 of the M7Indiarubber Regulations 1922.

Marginal Citations

M7S.R.& O.1922/329.

Regulation 1(ii) of the M8Electric Accumulator Regulations 1925.

Marginal Citations

M8S.R.& O.1925/28.

Regulation 6(1)(i) to (vi) of the M9Pottery (Health and Welfare) Special Regulations 1950.

Marginal Citations

[F1Paragraphs 5 and 11 of Schedule 4 to the Ionising Radiations Regulations 1999 [S.I. 1999/3232]]

Textual Amendments

F1Words in Sch. 1 substituted (1.1.2000) by S.I. 1999/3232, reg. 41(1), Sch. 9 para. 1

Article 20(8) of the M10Air Navigation Order 1985 so far as relating to pregnancy.

Marginal Citations

Other instrumentsE+W+S

Paragraph 118 of the Approved Code of Practice relating to the M11Control of Lead at Work Regulations 1980 (approved under section 16 of the M12Health 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 M13Merchant Shipping (Medical Examination) Regulations 1983), namely—

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

(b)Part XI.

Section 9.

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

F2Part IE+W+S Provisions Revoked

Textual Amendments

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

Part IIE+W+S Amendments

F31E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

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

4E+W+SIn Regulation 13(1) of the M14Quarries (Ropeways and Vehicles) Regulations 1958, for “, other than a male person who has attained” substitute “ under ”.

Marginal Citations

Section 10.

SCHEDULE 3U.K. Removal of Restrictions Relating to Employment of Young Persons

F5Part IU.K. Repeals relating to Restrictions with Respect to Hours of Employment and Holidays

Textual Amendments

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

F6Part IIU.K. Repeals Relating to Other Requirements

Textual Amendments

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

Part IIIU.K. Amendment of Certain Age Limits

U.K. Employment of Women, Young Persons, and Children Act 1920 (c.65)

1U.K.In section 1 (obligation of employer to keep register of young persons employed in industrial undertaking), for subsection (4) substitute—

(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.

U.K. Children and Young Persons Act 1933 (c.12)

2E+W+SIn section 20 (street trading)—

(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

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3U.K.In 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 ”.

4U.K.In section 23 (prohibition on persons under 16 taking part in performances endangering life and limb)—

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

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

5U.K.In section 24 (restrictions on training for performances of a dangerous nature)—

(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 ”.

6U.K.In section 25 (restriction on persons under 18 going abroad for the purpose of performing for profit)—

(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 ”.

7U.K.In section 26 (punishment of contraventions of section 25, etc.)—

(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 ”.

8U.K.In section 30 (interpretation of provisions about the employment of children)—

(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)

9E+W+SIn section 30 (street trading)—

(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; ”.

10E+W+SIn 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 ”.

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

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

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

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

(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 ”.

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

(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)

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

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

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

3E+W+SFor section 3 substitute—

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 ”.

F105E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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 ”.

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

F128E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F14(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 ”.

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

(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 ”.

F15(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.

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.

F16(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.

F1714E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 22(5).

SCHEDULE 5U.K. Dissolution of Training Commission: Supplementary Provisions

InterpretationU.K.

1U.K.In this Schedule—

  • the 1982 Act” means the M15Industrial Training Act 1982;

  • the 1988 Order” means the M16Training Commission (Incidental and Transitional Provisions) Order 1988;

  • the Commission” means the Training Commission; and

  • the relevant Minister” (subject to paragraph 5(3) of this Schedule) means—

(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.

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 M17New 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.

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.

4F19(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.

5(1)The power of the Secretary of State to make determinations under paragraph 6 of Schedule 1 to the M18Employment 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.

Marginal Citations

Final accountsE+W+S

F206E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions relating to the 1982 ActE+W+S

7E+W+SWhere 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.

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

(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

F2110E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving of 1988 OrderE+W+S

11E+W+SAny provisions of the M191988 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.

Marginal Citations

Section 29(3).

SCHEDULE 6U.K. Minor and Consequential Amendments

Employment of Women, Young Persons, and Children Act 1920 (c.65)U.K.

1U.K.In section 1(6) (enforcement of restrictions on employment of women etc.)—

(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

2U.K.In 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 ”.

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

F223E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F234E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F245E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

6E+W+SIn 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”.

Children and Young Persons Act 1963 (c. 37)U.K.

7U.K.In 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 ”.

8U.K.In section 42(1) (licences for children and young persons performing abroad), for “persons under eighteen” substitute “ children ”.

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)U.K.

10(1)Section 27 (obtaining and disclosure of certain information) shall be amended as follows.U.K.

(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.U.K.

(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

12E+W+SIn section 16(2)(b) (discrimination in provision of facilities or services under section 2 of the M20Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.

Marginal Citations

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

[F2513E+W+SIn section 11(6) (disclosure of certain information)—

(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)U.K.

14U.K.In section 24(6) (disclosure of certain information)—

(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

15E+W+SIn section 15(2)(b) (discrimination in provision of facilities or services under section 2 of the M21Employment and Training Act 1973), for “body” substitute “ Secretary of State ”.

Marginal Citations

F2616E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F2717E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F2818E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2919E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

F3121E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3222E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3323E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3424E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3525E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3626E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 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)U.K.

F3727U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F3828E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

29E+W+SIn 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 ”.

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

F3930E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 29(4).

SCHEDULE 7U.K. Repeals

Part IU.K. 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”.>
[F401975 c. 69.][F40Scottish Development Agency Act 1975.][F40In 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).

Part IIU.K. 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 IIIU.K. Repeals coming into force on a day appointed under s. 30(4)

Commencement Information

I1Sch. 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

1E+W+SNothing in section 3 of this Act shall render unlawful any act done by any person if—

(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 M22Mines and Quarries Act 1954.

Marginal Citations

Time off for trade union dutiesE+W+S

F412E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Redundancy payments: assimilation of age limitsE+W+S

F423E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 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

F434E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Insolvency paymentsE+W+S

F445E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

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