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The Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) (Amendment) Order 2013

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Statutory Instruments

2013 No. 2271 (C. 94)

Agricultural Employment

Landlord And Tenant

Terms And Conditions Of Employment

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) (Amendment) Order 2013

Made

7th September 2013

The Secretary of State makes the following Order in exercise of the powers conferred by sections 100 and 103(3) and (4) of the Enterprise and Regulatory Reform Act 2013(1):

Citation

1.  This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) (Amendment) Order 2013.

Amendments of the Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) Order 2013

2.  The Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) Order 2013(2) is amended as follows—

(a)in article 3(b) (provisions coming into force on 1st October 2013), before the words “section 72(4)” insert “in relation to England,”;

(b)for article 4(1) (saving provisions relating to the Agricultural Wages (England and Wales) Order 2012), substitute—

(1) Subject to paragraph (2) and notwithstanding article 2(c), the 2012 Order continues in force—

(a)in relation to England until 1st October 2013;

(b)in relation to Wales.;

(c)for article 4(4) (saving provisions relating to the Agricultural Wages Act 1948), substitute—

(4) Notwithstanding article 3(b), the sections of the Agricultural Wages Act 1948 specified in Schedule 3 to this Order continue in force in relation to England on and after 1st October 2013 but only in relation to the employment of a worker employed in agriculture before that date which continues after 30th September 2013.;

(d)in Schedule 3 (saving provisions in relation to the Agricultural Wages Act 1948), omit paragraph 10.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

7th September 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) Order 2013 (S.I. 2013/145 (C. 55)).

Article 2(a) amends the provision which was to bring into force on 1st October 2013 in relation to England and Wales certain repeals and revocations of legislation consequential to the Agricultural Wages (England and Wales) Order 2012 (“the AWO”) ceasing to be in force on that date. The effect of the amendment is that those repeals and revocations are not brought into force in relation to Wales.

Article 2(b) amends the saving provision in relation to the AWO so that it remains in force in relation to Wales after 30th September 2013.

Article 2(c) amends the saving provision relating to enforcement provisions under the Agricultural Wages Act 1948 (c. 47 (11 & 12 Geo 6)) so that those provisions continue to apply in relation to England but only in relation to the employment of an agricultural worker which continues after 30th September 2013. Article 2(d) removes an erroneous reference to a provision of the Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Enterprise and Regulatory Reform Act 2013(3) were brought into force by commencement order made before the date of this Order.

Provision of the Act

Date of Commencement

S.I. No.

Section 1429th July 20132013/1648 (C.66)
Section 1925th June 20132013/1455 (C.55)
Section 2329th July 20132013/1648 (C.66)
Section 63 (partially)25th June 20132013/1455 (C.55)
Section 72(1)25th June 20132013/1455 (C.55)
Section 72(4) (partially)25th June 20132013/1455 (C.55)
In Schedule 17, paragraphs 9 and 2025th June 20132013/1455 (C.55)
In Schedule 20, paragraph 2 (partially)25th June 20132013/1455 (C.55)

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