The Enterprise and Regulatory Reform Act 2013 (Commencement No. 4 and Saving Provision) Order 2013

Statutory Instruments

2013 No. 2979 (C. 122)

Agricultural Employment

Landlord And Tenant

Terms And Conditions Of Employment

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 4 and Saving Provision) Order 2013

Made

23rd November 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. 4 and Saving Provision) Order 2013.

Provisions coming into force on 16th December 2013

2.  The following provisions of the Enterprise and Regulatory Reform Act 2013 come into force on 16th December 2013—

(a) section 72(2) (abolition of agricultural wages committees in England);

(b) section 72(3) (abolition of agricultural dwelling-house advisory committees in England);

(c) in relation to England, section 72(4) and paragraph 2 of Schedule 20 (consequential provision) so far as relating to the enactments referred to in Part 1 of the Schedule to this Order; and

(d) section 72(4) and paragraph 2 of Schedule 20 so far as relating to the enactments referred to in Part 2 of the Schedule to this Order.

Provisions coming into force on 31st March 2014

3.  Section 72(4) of, and paragraph 2 of Schedule 20 to, the Enterprise and Regulatory Reform Act 2013 so far as relating to sections 13 and 14 of, and paragraph 8 of Schedule 1 to, the Agricultural Wages Act 1948(2) come into force in relation to England on 31st March 2014.

Saving provision

4.  Notwithstanding article 2(c), section 15 of the Agricultural Wages Act 1948 continues in force in relation to England on and after 16th December 2013 but only in relation to the employment of a worker employed in agriculture before 1st October 2013 which continues after 15th December 2013.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

23rd November 2013

Article 2(c) and (d)

SCHEDULE Commencement of repeals and revocations in relation to England and Wales

PART 1 England

1.  The Agricultural Wages Act 1948, sections 2(1)(a), 9(2) and 15.

2.  The Agricultural Wages Committees Regulations 1949, regulation 16(3).

3.  The Agricultural Wages Committees (Wages Structure) Regulations 1971(4).

PART 2 England and Wales

4.  The Agricultural Wages Act 1948, in section 2(1) the words “England and”, sections 18 and 19 and Schedule 2 so far as it relates to counties in England.

5.  The Agricultural Wages Committees Regulations 1949, regulation 3(2)(a) and the word “and” after it(5).

6.  The Agricultural Wages Committees (Areas) Order 1974(6).

7.  The Agricultural Wages Committees (New Combinations of Counties) Order 1981(7).

8.  The Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989(8).

9.  The Agricultural Wages Committees (Areas) (England) Order 1995(9).

EXPLANATORY NOTE

(This note is not part of the Order)

This is the fourth commencement order made under the Enterprise and Regulatory Reform Act 2013 (c. 24) (“the 2013 Act”). Certain provisions came into force on the passing of the 2013 Act.

This Order:

(a) commences provisions in the 2013 Act which abolish, for areas in England, Agricultural Wages Committees and Agricultural Dwelling-House Advisory Committees (article 2(a) and (b));

(b) commences in England consequential repeals and revocations by the 2013 Act of provisions of the Agricultural Wages Act 1948 (c. 47) (“the 1948 Act”) and other enactments (article 2(c), Part 1 of the Schedule and article 3);

(c) commences in England and Wales consequential repeals and revocations by the 2013 Act of provisions of the 1948 Act and other enactments (article 2(d) and Part 2 of the Schedule); and

(d) provides for the continued application on and after 16th December 2013 and in relation to a worker employed in agriculture before 1st October 2013 of a provision in the 1948 Act relating to the admissibility of evidence in legal proceedings (article 4).

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 were brought into force by commencement orders made before the date of this Order.

Provision of the Act	Date of Commencement	S.I. No.
Section 14	29th July 2013	2013/1648
Section 15(10)	29th July 2013	2013/1648
Section 19	25th June 2013	2013/1455
Section 23	29th July 2013	2013/1648
Section 25(1), (2) and (4)	1st October 2013	2013/2227
Section 27	1st October 2013	2013/2227
Section 63 (partially)	25th June 2013	2013/1455
Section 63 (partially)	1st October 2013	2013/2227
Section 65	1st October 2013	2013/2227
Sections 67 to 70	1st October 2013	2013/2227
Section 72(1)	25th June 2013	2013/1455
Section 72(4) (partially)	25th June 2013	2013/1455
Section 72(4) (partially)	1st October 2013	2013/1455
Section 72(4) (partially, in relation to England only)	1st October 2013	2013/1455(10)
Section 73 (partially)	1st October 2013	2013/2227
Sections 79 to 82	1st October 2013	2013/2227
Section 90(7)	1st October 2013	2013/2227
In Schedule 4—
Paragraphs 1 to 18, 20 to 28, 29(1), 31, 32, 34, 35, 51 (partially), 52 (partially), 53 (partially), 59, 60, 61(1) to (4) and 62 to 65	1st October 2013	2013/2227
In Schedule 17—
Paragraphs 1 to 6	1st October 2013	2013/2227
Paragraph 9	25th June 2013	2013/1455
Paragraphs 10, 12 and 13	1st October 2013	2013/2227
Paragraph 20	25th June 2013	2013/1455
In Schedule 20—
Paragraph 1	1st October 2013	2013/1455
Paragraph 2 (partially)	25th June 2013	2013/1455
Paragraph 2 (partially, in relation to England only)	1st October 2013	2013/1455
In Schedule 21—
Paragraph 5	1st October 2013	2013/2227

(1)

2013 c. 24.

(2)

1948 c. 47.

(3)

S.I. 1949/1885; regulation 16 is amended by S.I. 2004/2178.

(4)

S.I. 1971/844.

(5)

Regulation 3 was substituted by S.I. 1980/1005; there are other amending instruments but none is relevant.

(6)

S.I. 1974/515; article 3 is amended by S.I. 1981/179 and 2007/395 (W.41). The Schedule is amended by S.I. 1989/1173 and 2007/395 (W.41).

(7)

S.I. 1981/179.

(8)

S.I. 1989/1173.

(9)

S.I. 1995/3186.

(10)

S.I. 2013/2271 (C. 94), article 2(a), amends article 3(b) which partially commences section 72(4) of, and paragraph 2 of Schedule 20 to, the Enterprise and Regulatory Reform Act 2013.