The Code of Practice (Picketing) Order 2017

Statutory Instruments

2017 No. 237

Trade Unions

The Code of Practice (Picketing) Order 2017

Made

28th February 2017

This Order is made in exercise of the power conferred by sections 203(2) and 205 of the Trade Union and Labour Relations (Consolidation) Act 1992(1) (“the 1992 Act”).

In accordance with section 205(1) of the 1992 Act, the Secretary of State proposed to revise the Code of Practice on Picketing which came into effect on 1st May 1992(2), for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.

In accordance with section 205(2) of the 1992 Act, the Secretary of State laid before both Houses of Parliament a draft of the revised Code of Practice. Neither House of Parliament resolved within the period of 40 days that no further proceedings should be taken on the draft revised Code.

Citation

1.  This Order may be cited as the Code of Practice (Picketing) Order 2017.

Appointed day for the Code of Practice

2.  The revised Code of Practice on Picketing(3) comes into effect on 1st March 2017.

Transitional provision

3.  The revised Code of Practice on Picketing applies only in relation to a trade union organising or encouraging members after 1st March 2017 to take part in picketing (in accordance with section 220A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992).

Margot James

Minister for Small Business, Consumer and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

28th February 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 1st March 2017 as the day upon which the revised Code of Practice on Picketing, which has been issued by the Secretary of State under section 203(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, will come into effect. Article 3 of the Order provides that the revised Code only applies in relation to a trade union organising or encouraging members after that date to take part in picketing.

An impact assessment has not been prepared for this Order as the revised Code of Practice does not create any rights or obligations and it does not create any additional burdens on business.

(1)

1992 c.52.

(2)

The Code of Practice on Picketing was brought into force by S.I. 1992/476 which in turn revised the Code of Practice on Picketing, brought into force by S.I. 1980/1757.

(3)

The Code is available on the gov.uk website at https://www.gov.uk/government/publications/code-of-practice-picketing.A copy may also be inspected at the Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET.