(1)The Secretary of State [F1and the Lord Chancellor, acting jointly,] may by order—
(a)provide that any provision of this Act to which this section applies and which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order, or
(b)provide that any provision of this Act to which this section applies shall apply to persons or employments of such classes as may be prescribed in the order subject to such exceptions and modifications as may be so prescribed.
(2)This section applies to sections 3, 8, 16 and 17 and to section 18 so far as deriving from section 133 of the M1Employment Protection (Consolidation) Act 1978.
Textual Amendments
F1Words in s. 40(1) inserted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 38; S.I. 2007/2709, art. 4
Marginal Citations
(1)Any power conferred by this Act on a Minister of the Crown to make an order, and any power conferred by this Act to make regulations or rules, is exercisable by statutory instrument.
(2)No recommendation shall be made to Her Majesty to make an Order in Council under section 38(4), and no order shall be made under section 3, 4(4) [F2 or (6D) ] [F3 , 28(5) ] or 40, unless a draft of the Order in Council or order has been laid before Parliament and approved by a resolution of each House of Parliament.
(3)A statutory instrument containing—
(a)an order made by a Minister of the Crown under any other provision of this Act except Part II of Schedule 2, or
(b)regulations or rules made under this Act,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Any power conferred by this Act which is exercisable by statutory instrument includes power to make such incidental, supplementary or transitional provision as appears to the Minister exercising the power to be necessary or expedient.
Textual Amendments
F2Words in s. 41(2) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 11(2), 103(1)(i)(3)
(1)In this Act—
“the Appeal Tribunal” means the Employment Appeal Tribunal,
“Appeal Tribunal procedure rules” shall be construed in accordance with section 30(1),
“appointed member” shall be construed in accordance with section 22(1)(c),
[F4“Certification Officer” shall be construed in accordance with section 254 of the Trade Union and Labour Relations (Consolidation) Act 1992,]
“conciliation officer” means an officer designated by the Advisory, Conciliation and Arbitration Service under section 211 of the M2Trade Union and Labour Relations (Consolidation) Act 1992,
“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing,
“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment,
“employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed,
“employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992,
“employment” means employment under a contract of employment and “employed” shall be construed accordingly,
“ [F5employment tribunal] procedure regulations” shall be construed in accordance with section 7(1),
[F6“representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2),]
“statutory provision” means a provision, whether of a general or a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature,
“successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part, and
“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992.
(2)The definition of “successor” in subsection (1) has effect (subject to the necessary modifications) in relation to a case where—
(a)the person by whom an undertaking or part of an undertaking is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change, or
(b)the persons by whom an undertaking or part of an undertaking is owned immediately before a change (whether as partners, trustees or otherwise) include the persons by whom, or include one or more of the persons by whom, it is owned immediately after the change,
as it has effect where the previous owner and the new owner are wholly different persons.
(3)For the purposes of this Act any two employers shall be treated as associated if—
(a)one is a company of which the other (directly or indirectly) has control, or
(b)both are companies of which a third person (directly or indirectly) has control;
and “associated employer” shall be construed accordingly.
Textual Amendments
F4S. 42(1): definition of "Certification Officer" inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 49(8), 59; S. I. 2005/872, art. 4, Sch. (with arts. 5-21)
F5Words in s. 42(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F6Words in s. 42(1) inserted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 21(4), 103(2)
Marginal Citations