Trade Union Reform and Employment Rights Act 1993

Section 50.

SCHEDULE 9 E+W+S+N.I. Transitional provisions and savings

General E+W+S+N.I.

1 (1) An order under section 52 of this Act may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate. E+W+S+N.I.

(2) Nothing in the following provisions of this Schedule prejudices the generality of sub-paragraph (1) above.

(3) Nothing in this Schedule prejudices the operation of sections 16 and 17 of the M1 Interpretation Act 1978 (effect of repeals).

Annotations:

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

Subordinate Legislation Made

P1 Sch. 9 para. 1 power partly exercised (27.7.1993); different dates appointed for specified provisions by S.I. 1993/1908, art. 2, Schs. 1-3 (with transitional provisions in art. 3)

Sch. 9 para. 1 power partly exercised (15.10.1993); different dates appointed for specified provisions by S.I. 1993/2503, art. 2, Schs. 1-3 (with transitional provisions in art. 3)

Sch. 9 para. 1 power partly exercised (19.5.1994); 10.6.1994 appointed for specified provisions by S.I. 1994/1365, art. 2, Sch. (with transitional provisions in art. 3)

Marginal Citations

M1 1978 c. 30.

Deduction of trade union subscriptions E+W+S

2 For the purposes of section 68 of the 1992 Act (as substituted by section 15 of this Act) a deduction representing a payment to a trade union in respect of a worker’s membership which is made in accordance with arrangements existing between his employer and the union immediately before the day on which section 15 comes into force under which deductions were made in his case before that day shall be treated as an authorised deduction where— E+W+S

(a) the day on which the deduction is made falls before the end of the period of one year beginning with the day on which section 15 comes into force, and

(b) written notice from the worker stating that he does not wish such deductions to be made has not been received by the employer in time for it to be reasonably practicable for him to secure that the deduction is not made.

Employment particulars E+W+S

F1 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Annotations:

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

Amendments (Textual)

F1 Sch. 9 para. 3 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Transfers of undertakings E+W+S+N.I.

4 The amendments of the M2 Transfer of Undertakings (Protection of Employment) Regulations 1981 made by section 33 of this Act shall not have effect in relation to any transfer of an undertaking taking place before the date on which that section comes into force; and, accordingly, the repeal by this Act of— E+W+S+N.I.

(a) section 94 of the 1978 Act, and

(b) section 23 of the M3 Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965,

shall have effect only in relation to any change in the ownership of a business occurring on or after that date.

Annotations:

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

Marginal Citations

M2 S.I. 1981/1794.

M3 1965 c. 19 (N.I.).

Wages Councils E+W+S

5 (1) Notwithstanding the repeal of Part II of the M4 Wages Act 1986 by section 35 of this Act, the provisions of that Part specified or referred to below shall continue to have effect, on and after the day appointed for the repeal (the appointed day), in accordance with the following provisions. E+W+S

(2) Section 16 (effect and enforcement of wages orders under section 14) shall have effect in relation to a failure occurring or continuing on or after the appointed day to pay, with respect to any period ending before that day, an amount equal to or exceeding the statutory minimum remuneration as it has effect in relation to such a failure before the appointed day; and, subject to the following provisions, the other sections of Part II which relate to section 16 shall continue to have effect accordingly.

(3) Section 19(1) and (4) (obligation to keep records etc) shall have effect on and after the appointed day as if—

(a) the reference to the provisions of Part II being complied with in relation to the payment of remuneration were a reference to their having been complied with in relation to payments of remuneration made—

(i) before the appointed day, or

(ii) on or after the appointed day with respect to any period ending before that day;

(b) the reference to deductions or payments made were references to deductions or payments so made; and

(c) in a case where the three-year retention period for records would end after the expiry of the period of six months beginning with the appointed day, the retention period were—

(i) that period of six months, or

(ii) if within that period of six months a court so orders, such longer period as is specified by the court;

and, subject to the following provisions, the other sections of Part II which relate to section 19 shall continue to have effect accordingly.

(4) Section 20 (wages inspectors) shall continue to have effect on and after the appointed day for the purposes of this paragraph; but—

(a) the powers conferred by subsections (3) and (4) shall not be exercisable after the end of the period of six months beginning with the appointed day, and

(b) subsection (6) shall not authorise the institution of proceedings by a wages inspector after the end of the period of six months beginning with the appointed day.

(5) Paragraph 4 of Schedule 3 shall continue to have effect on and after the appointed day in relation to orders under section 14 made before that day.

(6) In the operation of any provision of Part II by virtue of this paragraph, references to a wages order applying shall have effect as references to an order under section 14 having applied at any time before the appointed day.

Annotations:

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

Marginal Citations

M4 1986 c. 48.