The Employment Act 1990 (Commencement and Transitional Provisions) Order 1990

Transitional provisions

4.—(1) Except as mentioned in paragraph (2), section 1(3) or, as may be appropriate, 2(3) of the Act (which concern advertisements containing union membership requirements) shall apply in any case where the advertisement in question is published after 31st December 1990.

(2) Section 1(3) or, as may be appropriate, 2(3) of the Act shall not apply in relation to an advertisement where it is contained in a book or periodical which is published after 31st December 1990 by a person other than the employer or, as the case may be, employment agency if—

(a) the book or periodical was first published before 1st January 1990; or

(b) the last date on which the publisher of the book or periodical would have entertained a request to alter the contents of the advertisement fell before 1st January 1990.

For this purpose, “periodical” means any newspaper, magazine, catalogue or like publication, and each version or edition of a book or issue of a periodical shall be regarded as a different book or periodical.