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Trade Union and Labour Relations (Consolidation) Act 1992

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Commencement Orders bringing legislation that affects this Act into force:

Section 300(2).

SCHEDULE 2E+W+S+N.I. Consequential amendments

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Extent Information

E1See s.301(2)(f)

Parliamentary Commissioner Act 1967 (c.13)E+W+S+N.I.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Transport Act 1968 (c.73)E+W+S+N.I.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Equal Pay Act 1970 (c.41)E+W+S+N.I.

3(1)The Equal Pay Act 1970 is amended as follows.E+W+S+N.I.

(2)In section 1 (requirement of equal treatment for men and women), after subsection (10) insert—

(10A)This section applies in relation to service as a relevant member of the House of Commons staff as in relation to service for the purposes of a Minister of the Crown or government department, and accordingly applies as if references to a contract of employment included references to the terms of service of such a member.

In this subsection “relevant member of the House of Commons staff” has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978; and subsections (4) to (9) of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section..

(3)Sections 5 and 7 (reference of questions as to agricultural wages orders or service pay) shall continue to have effect with the amendments originally made by paragraph 13(2) and (3) of Part IV of Schedule 16 to the M1Employment Protection Act 1975, substituting the words “ Central Arbitration Committee ” and “ Committee ” for references to the former Industrial Arbitration Board.

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Marginal Citations

House of Commons Disqualification Act 1975 (c.24)E+W+S+N.I.

4(1)The House of Commons Disqualification Act 1975 is amended as follows.E+W+S+N.I.

(2)Part II of Schedule 1 (bodies of which all members are disqualified under that Act) shall continue to have effect with the following entries (originally inserted by paragraph 16(2) of Part IV of Schedule16 to the Employment Protection Act 1975)—

The Central Arbitration Committee.

The Council of the Advisory, Conciliation and Arbitration Service.

The Employment Appeal Tribunal..

(3)In Part III of Schedule 1 (other disqualifying offices), for the entry inserted by paragraph 16(3) of Part IV of Schedule 16 to the Employment Protection Act 1975 substitute—

Certification Officer or any assistant certification officer..

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Social Security Pensions Act 1975 (c.60)E+W+S+N.I.

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

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

6In Part VIII of the Sex Discrimination Act 1975 (supplementary provisions), after section 85 (application to Crown) insert—E+W+S+N.I.

85A Application to House of Commons staff.

(1)Parts II and IV apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for the purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.

(2)In this section “relevant member of the House of Commons staff” has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978; and subsections (4) to (9) of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of Parts II and IV as they apply by virtue of this section..

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

7In Part X of the Race Relations Act 1976 (supplementary provisions), after section 75 (application to Crown) insert—E+W+S+N.I.

75A Application to House of Commons staff.

(1)Parts II and IV apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for the purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.

(2)In this section “relevant member of the House of Commons staff” has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978; and subsections (4) to (9) of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of Parts II and IV as they apply by virtue of this section..

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

8(1)The Aircraft and Shipbuilding Industries Act 1977 is amended as follows.E+W+S+N.I.

(2)In section 6 (machinery for settling terms and conditions of employment), in subsection (2)(b) (resolution of trade disputes) for “within the meaning of the Employment Protection Act 1975" substitute “ within the meaning of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 ”.

(3)In section 56(1) (interpretation), in the definition of “relevant trade union"—

(a)for “as defined in section 30(1) of the Trade Union and Labour Relations Act 1974" substitute “ within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 ”, and

(b)for “as defined by section 126(1) of the Employment Protection Act 1975" substitute “ within the meaning of that Act ”.

Patents Act 1977 (c.37)E+W+S+N.I.

9In section 40 of the Patents Act 1977 (compensation for employees for certain inventions), in subsection (6) in the definition of “relevant collective agreement" for “the Trade Union and Labour Relations Act 1974" substitute “ the Trade Union and Labour Relations (Consolidation) Act 1992 ”.E+W+S+N.I.

House of Commons (Administration) Act 1978 (c.36)E+W+S+N.I.

10In Schedule 1 to the House of Commons (Administration) Act 1978 (the House of Commons Commission), in paragraph 5 (delegation of functions) for sub-paragraph (6) substitute—E+W+S+N.I.

(6)In sub-paragraph (5) “trade union”, and “recognised” in relation to a trade union, have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992..

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

F511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F13Sch. 2 para. 19 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F1420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F14Sch. 2 para. 20 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F1521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

24F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2025. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F20Sch. 2 para. 25 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

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

F2126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

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

27F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F22Sch. 2 para. 27 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 2 Group 2}

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

28In section 21 of the Industrial Training Act 1982 (short title, extent and commencement), before subsection (2) (extent) insert—E+W+S+N.I.

(1A)Section 287(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (power to extend provisions to offshore employment) applies to the provisions of this Act as to the provisions of that Act.;

and in subsection (2) for “Paragraph 4 of Schedule 3 to this Act extends" substitute “ Subsection (1A) above and paragraph 4 of Schedule 3 extend ”.

Oil and Gas (Enterprise) Act 1982 (c.23)E+W+S+N.I.

F2329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Employment Act 1982 (c.46)E+W+S+N.I.

F2430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Insurance Companies Act 1982 (c.50)E+W+S+N.I.

31In section 2(2) of the Insurance Companies Act 1982 (exceptions from requirement of authorisation under that Act), and in section 15(3) of that Act (exceptions from regulatory provisions), for “assigned to them by section 28 of the Trade Union and Labour Relations Act 1974" substitute “ respectively assigned by section 1 and section 122(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 ”.E+W+S+N.I.

Value Added Tax Act 1983 (c.55)E+W+S+N.I.

F2532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Insolvency Act 1986 (c.45)E+W+S+N.I.

F2633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Wages Act 1986 (c.48)E+W+S+N.I.

34F27(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Building Societies Act 1986 (c.53)E+W+S+N.I.

35In section 7(4)(c)(iii) of the Building Societies Act 1986 (shares held and deposits made by or on behalf of trade union) for “Trade Union and Labour Relations Act 1974" substitute “ Trade Union and Labour Relations (Consolidation) Act 1992 ”.E+W+S+N.I.

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

36In section 6 of the Sex Discrimination Act 1986 (application of provisions to collective agreements), in subsection (6) (meaning of “collective agreement") for the words from “section 29(1)" to “trade dispute)" substitute “ section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 ”.E+W+S+N.I.

Income and Corporation Taxes Act 1988 (c.1)E+W+S+N.I.

37In section 467 of the Income and Corporation Taxes Act 1988 (exemption for trade unions and employers’ associations), in subsection (4)—E+W+S+N.I.

(a)in paragraph (a), for “section 8 of the Trade Union and Labour Relations Act 1974" substitute “ section 2 of the Trade Union and Labour Relations (Consolidation) Act 1992 ”, and

(b)in paragraph (b) for “section 8 of the Trade Union and Labour Relations Act 1974" substitute “ section 123 of the Trade Union and Labour Relations (Consolidation) Act 1992 ”.

Local Government Act 1988 (c.9)E+W+S+N.I.

38In section 17 of the Local Government Act 1988 (local and other public authority contracts: exclusion of non-commercial considerations), in subsection (8)—E+W+S+N.I.

(a)in the definition of “industrial dispute", for “the Trade Union and Labour Relations Act 1974" substitute “ Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 ”, and

(b)in the closing words, for “Trade Union and Labour Relations Act 1974" substitute “ Trade Union and Labour Relations (Consolidation) Act 1992 ”.

Local Government and Housing Act 1989 (c.42)E+W+S+N.I.

39(1)In section 12 of the Local Government and Housing Act 1989 (conflict of interest in staff negotiations), subsection (2) (definitions) is amended as follows.E+W+S+N.I.

(2)For the definition of “member" substitute—

member”, in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of its constituent or affiliated trade unions;.

(3)In the definition of “official" and “trade union" for “the Trade Union and Labour Relations Act 1974" substitute “ the Trade Union and Labour Relations (Consolidation) Act 1992 ”.

Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992 No. 807 (N.I. 5))E+W+S+N.I.

40(1)The Industrial Relations (Northern Ireland) Order 1992 is amended as follows.E+W+S+N.I.

(2)In Article 5 (lists of trade unions and employers’ associations)—

(a)in paragraph (5)(a) for “either list maintained under section 8 of the Trade Union and Labour Relations Act 1974" substitute “ the list of trade unions or the list of employers’ associations kept under the Trade Union and Labour Relations (Consolidation) Act 1992 ”;

(b)in paragraph (11) for “or employers’ associations maintained under section 8 of the Trade Union and Labour Relations Act 1974" substitute “ or the list of employers’ associations kept under the Trade Union and Labour Relations (Consolidation) Act 1992 ” and for “subsection (10) of that section" substitute “ section 2(5) or 123(5) of that Act ”.

(3)In Article 6 (certification as independent trade union), in paragraphs (12) and (13) for “section 8 of the Employment Protection Act 1975" substitute “ section 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 ”.

(4)In Article 12 (returns by trade unions and employers’ associations outside Northern Ireland), in paragraph (1) for “section 11 of the Trade Union and Labour Relations Act 1974" substitute “ section 32 of the Trade Union and Labour Relations (Consolidation) Act 1992 ” and for “subsection (2)" substitute “ subsection (1) ”.

F29(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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