Scotland Act 1998

Head H – Employment E+W+S+N.I.

H1. Employment and industrial relations E+W+S+N.I.

Section H1.

Employment rights and duties and industrial relations, including the subject-matter of—

(a)

the Employers’ Liability (Compulsory Insurance) Act 1969,

(b)

the Employment Agencies Act 1973,

(c)

the Pneumoconiosis etc. (Workers’ Compensation) Act 1979,

(d)

the Transfer of Undertakings (Protection of Employment) Regulations 1981,

(e)

the Trade Union and Labour Relations (Consolidation) Act 1992,

(f)

[F1 the Employment Tribunals Act 1996],

(g)

the Employment Rights Act 1996, and

(h)

the National Minimum Wage Act 1998.

Exception

The subject-matter of the Agricultural Wages (Scotland) Act 1949.

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 Words in Sch. 5 Pt. II Section H1 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

H2. Health and safety E+W+S+N.I.

Section H2.

• The subject-matter of

• [F2 Part I of the Health and Safety at Work etc. Act 1974

• The Health and Safety Commission, the Health and Safety Executive and the Employment Medical Advisory Service

Interpretation

For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974–

(a) “work” and “at work” in that Part are to be taken to have the meaning they have on the principal appointed day;

(b) that subject-matter includes–

(i) process fire precautions;

(ii) fire precautions in relation to petroleum and petroleum spirit;[F3 and]

(iii) fire safety on F4 . . . ships and hovercraft, in mines and on offshore installations; F5 . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but does not include any other aspect of fire safety.]

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)

F2 Sch. 5 Pt II Section H2: words substituted (1.7.1999) by S.I. 1999/1749, arts. 1, 6(1); S.I. 1998/3178, art. 3

F3 Sch. 5 Pt. 2 Section H2: word in para. (b)(ii) inserted (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(a)

F4 Sch. 5 Pt. 2 Section H2: words in para. (b)(iii) repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(b)

F5 Sch. 5 Pt. 2 Section H2: para. (b)(iv) and preceding word repealed (23.3.2005) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2005 (S.I. 2005/865), arts. 1, 2(c)

H3. Job search and support E+W+S+N.I.

Section H3.

The subject-matter of—

(a)

the Disabled Persons (Employment) Act 1944, and

(b)

the Employment and Training Act 1973, except so far as relating to training for employment.

Exception

The subject-matter of—

(a)

sections 8 to 10A of the Employment and Training Act 1973 (careers services), and

(b)

the following sections of Part I of the Enterprise and New Towns (Scotland) Act 1990 (Scottish Enterprise and Highlands and Islands Enterprise)—

(b)

(i)

section 2(3)(c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons), and

(ii)

section 12 (disclosure of information).