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Employment Rights Act 1996

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209 Powers to amend Act.E+W+S

(1)The Secretary of State may by order—

(a)provide that any provision of this Act, other than any to which this paragraph does not apply, which is specified in the order shall not apply to persons, or to employments, of such classes as may be prescribed in the order,

(b)provide that any provision of this Act, other than any to which this paragraph does not apply, 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, or

(c)vary, or exclude the operation of, any of the provisions to which this paragraph applies.

(2)Subsection (1)(a) does not apply to—

(a)Parts II and IV,

(b)in Part V, sections 45 and 46, and sections 48 and 49 so far as relating to those sections,

(c)in Part VI, sections 58 to 60,

(d)in Part IX, sections 87(3), 88 to 90, 91(1) to (4) and (6) and 92(6) to (8),

(e)in Part X, sections 95, 97(1) to (5), 98(1) to (4) and (6), 100, 101, [F1101A,] 102, 103, 105, 107, 110, 111, 120(2), 124(1), (2) and (5), 125(7) and 134,

(f)in Part XI, sections 143, 144, 160(2) and (3), 166 to 173 and 177 to 180,

(g)in Part XIII, sections F2. . . F3. . .,

(h)Chapter I of Part XIV, or

(j)in Part XV, section 236(3) so far as relating to sections 120(2), 124(2) and 125(7).

(3)Subsection (1)(b) does not apply to—

(a)any of the provisions to which subsection (1)(a) does not apply,

(b)sections 1 to 7, or

(c)the provisions of sections 86 to 91 not specified in subsection (2).

(4)The provision which may be made by virtue of paragraph (b) of subsection (1) in relation to section 94 does not include provision for application subject to exceptions or modifications; but this subsection does not prejudice paragraph (a) of that subsection.

(5)Subsection (1)(c) applies to sections 29(2), 65(2), 86(5), 92(3), 108(1), F4. . . 159, 160(1), 196(2), (3) and (5) and 199(1), (2), (4) and (5).

F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The provisions of this section are without prejudice to any other power of the Secretary of State to amend, vary or repeal any provision of this Act or to extend or restrict its operation in relation to any person or employment.

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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)

F1Words in s. 209(2)(e) inserted (1.10.1998) by S.I. 1998/1833, reg. 32(7)

F2Words in s. 209(2)(g) repealed (25.10.1999) by virtue of 1999 c. 26, s. 44, Sch. 9(9); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I

F3Words in s. 209(2)(g) repealed (25.10.1999) by 1999 c. 26, s. 44, Sch. 9(3); S.I. 1999/2830, art. 2(3), Sch. 2 Pt. I (with Sch. 3 para. 2(2))

F6S. 209(7) repealed and superseded (25.10.1999) by 1999 c. 26, ss. 23(6), 44, Sch. 9(4); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I

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