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- Original (As made)
The Trade Union (Facility Time Publication Requirements) Regulations 2017 is up to date with all changes known to be in force on or before 16 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![]()
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Statutory Instruments
Employment
Trade Unions
Made
8th March 2017
Laid before Parliament
9th March 2017
Coming into force
1st April 2017
The Minister makes the following Regulations in exercise of the powers conferred by section 172A(1), (2), (3), (5), (6) and (10) of the Trade Union and Labour Relations (Consolidation) Act 1992(1).
1. These Regulations may be cited as the Trade Union (Facility Time Publication Requirements) Regulations 2017 and come into force on 1st April 2017.
Commencement Information
I1Reg. 1 in force at 1.4.2017, see reg. 1
2. In these Regulations—
“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992;
“paid facility time hours” means the number of hours spent on facility time by an employee who is a relevant union official during a relevant period (excluding hours attributable to time taken off under section 170(1)(b) of the 1992 Act in respect of which a relevant union official does not receive wages from the relevant public sector employer) and “total paid facility time hours” means the total of all such hours spent during that period by all such employees;
“paid trade union activities” means time taken off under section 170(1)(b) of the 1992 Act in respect of which a relevant union official receives wages from the relevant public sector employer;
“relevant period” means a period of 12 months beginning with 1st April, and the first relevant period begins on 1st April 2017;
“wages” (and “gross amount” in relation to wages) has the meaning given in section 27 of the Employment Rights Act 1996(2);
“working hours” has the meaning given in section 173(1) of the 1992 Act(3).
Commencement Information
I2Reg. 2 in force at 1.4.2017, see reg. 1
3. For the purposes of section 172A of the 1992 Act, a public authority that is an emanation of the Crown is to be treated as the employer of a relevant union official who is employed by the Crown under or for the purposes of that authority (and a reference in these Regulations to an employee is, in the case of such a public authority, to a person employed by the Crown under or for the purposes of that authority).
Commencement Information
I3Reg. 3 in force at 1.4.2017, see reg. 1
4.—(1) For the purposes of these Regulations, the total cost of facility time for a relevant period is calculated by taking the following steps—
(a)Step 1 - determine the hourly cost of each employee who was a relevant union official during that period;
(b)Step 2 – multiply the hourly cost for each such employee by the number of paid facility time hours spent by that employee on facility time during the period (if there is only one employee who was a relevant union official, this amount is the total cost of facility time);
(c)Step 3 – if there is more than one employee who was a relevant union official, add together each of the amounts produced by the calculations at step 2.
(2) The hourly cost for the purposes of step 1 is calculated by—
(a)adding—
(i)the gross amount spent on wages by the employer in respect of the employee during the period;
(ii)the amount spent on pension contributions by the employer in respect of that employee during the period; and
(iii)the amount of national insurance contributions paid by the employer in respect of the employee during the period; then
(b)dividing that amount by the working hours of the employee during the period.
(3) But a notional hourly cost must be used at step 2, instead of the actual hourly cost determined under step 1, where the employee is identifiable.
(4) An employee is identifiable if the employer considers that the use of the actual hourly cost will lead, when the information required to be published under these Regulations is published, to another person being able to identify the employee’s wages during the relevant period.
(5) The notional hourly cost referred to in paragraph (3) must be reasonable having regard to the type of work the identifiable employee ordinarily did for the employer during the relevant period.
Commencement Information
I4Reg. 4 in force at 1.4.2017, see reg. 1
5. For the purposes of these Regulations, the total pay bill for a relevant period is calculated by adding—
(a)the total gross amount spent on wages by the employer in respect of its employees during the period;
(b)the total amount spent on pension contributions by the employer in respect of its employees during the period; and
(c)the total amount of national insurance contributions paid by the employer in respect of its employees during the period.
Commencement Information
I5Reg. 5 in force at 1.4.2017, see reg. 1
6. For the purposes of these Regulations, the full-time equivalent employee number is calculated by—
(a)establishing the number of full-time employees; and
(b)adding to that number such fraction as is just and reasonable in respect of those employees who are not full-time.
Commencement Information
I6Reg. 6 in force at 1.4.2017, see reg. 1
7.—(1) Subject to paragraph (3), a public authority referred to in paragraph (2) is specified for the purposes of section 172A(2)(a) of the 1992 Act.
(2) The public authorities are—
(a)any department of the Government of the United Kingdom (excluding the Secret Intelligence Service, the Security Service and the Government Communications Headquarters);
(b)the Scottish Ministers; and
(c)an authority listed, or of a description, in Schedule 1.
(3) An authority of a description in Schedule 1 which is a devolved Welsh authority is not specified for the purposes of section 172A(2)(a).
(4) In paragraph (3), “devolved Welsh authority” has the same meaning as in section 157A of the Government of Wales Act 2006(4) (inserted into that Act by section 4 of the Wales Act 2017(5)).
Commencement Information
I7Reg. 7 in force at 1.4.2017, see reg. 1
8.—(1) If the employee number condition is met in respect of a relevant period, a relevant public sector employer must publish the information that comprises the response to the questions, or request for information, set out in Schedule 2 in respect of that period as it applies to that employer.
(2) The employee number condition is met if the relevant public sector employer has a full-time equivalent employee number of more than 49 throughout the entirety of any seven of the months within the relevant period.
(3) The information must be published, together with the questions, or request for information, in the form indicated in Schedule 2.
(4) The information must be published by being—
(a)placed on a website maintained by or on behalf of the employer before 31st July in the calendar year in which the relevant period to which the information relates ends; and
(b)included in the employer’s annual report which covers the relevant period, where the employer produces an annual report.
(5) If the information is not, by virtue of paragraph (4), placed on a website maintained by or on behalf of the Government of the United Kingdom, the employer must also cause it to be placed on such a website before 31st July in the calendar year in which the relevant period to which the information relates ends.
(6) Paragraph (7) applies to a local authority, the Common Council of the City of London and the Council of the Isles of Scilly if the authority or Council is required to publish information under this regulation in respect of a relevant period.
(7) The authority or Council must comply with the requirements of this regulation separately in relation to—
(a)its central function employees;
(b)its education function employees;
(c)its fire and rescue function employees,
to the extent it has employees within those categories.
(8) The reference in paragraph (7) to “separately” means publishing the information, and carrying out such calculations as are necessary for the purposes of determining the information to be published, as if the employer were a separate employer for each category of employees.
(9) In paragraph (7)—
“central function employees” means employees of the authority or Council other than—
its fire and rescue function employees; and
its education function employees;
“education function employees” means persons employed by virtue of section 35(2) of the Education Act 2002(6) (staffing of community, voluntary controlled, community special and maintained nursery schools);
“fire and rescue function employees” means employees employed to carry out functions that the authority or Council has because it is a fire and rescue authority (see section 1 of the Fire and Rescue Services Act 2004(7)).
Commencement Information
I8Reg. 8 in force at 1.4.2017, see reg. 1
Ben Gummer
Minister for the Cabinet Office
Cabinet Office
8th March 2017
Regulation 7
1. A local authority within the meaning of the Local Government Act 1972(8).E+W+S
Commencement Information
I9Sch. 1 para. 1 in force at 1.4.2017, see reg. 1
2. The Council of the Isles of Scilly.E+W+S
Commencement Information
I10Sch. 1 para. 2 in force at 1.4.2017, see reg. 1
3. The Common Council of the City of London.E+W+S
Commencement Information
I11Sch. 1 para. 3 in force at 1.4.2017, see reg. 1
4. The Greater London Authority as established under section 1 of the Greater London Authority Act 1999(9).E+W+S
Commencement Information
I12Sch. 1 para. 4 in force at 1.4.2017, see reg. 1
5. An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009(10).E+W+S
Commencement Information
I13Sch. 1 para. 5 in force at 1.4.2017, see reg. 1
6. A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.E+W+S
Commencement Information
I14Sch. 1 para. 6 in force at 1.4.2017, see reg. 1
7. A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(11).E+W+S
Commencement Information
I15Sch. 1 para. 7 in force at 1.4.2017, see reg. 1
8. A joint board, within the meaning of section 235(1) of the Local Government (Scotland) Act 1973(12).E+W+S
Commencement Information
I16Sch. 1 para. 8 in force at 1.4.2017, see reg. 1
9. A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004(13) or a scheme to which section 4 of that Act applies.E+W+S
Commencement Information
I17Sch. 1 para. 9 in force at 1.4.2017, see reg. 1
[F19A. A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.]E+W+S
Textual Amendments
10. A joint fire authority established under Part 4 of the Local Government Act 1985 (police, fire services, civil defence and transport)(14).E+W+S
Commencement Information
I18Sch. 1 para. 10 in force at 1.4.2017, see reg. 1
11. Any body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies).E+W+S
Commencement Information
I19Sch. 1 para. 11 in force at 1.4.2017, see reg. 1
[F212. The London Fire Commissioner.]E+W+S
Textual Amendments
13. The Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005(15).E+W+S
Commencement Information
I20Sch. 1 para. 13 in force at 1.4.2017, see reg. 1
14. An internal drainage board which is being continued by virtue of section 1 of the Land Drainage Act 1991(16).E+W+S
Commencement Information
I21Sch. 1 para. 14 in force at 1.4.2017, see reg. 1
15. Transport for London as established under section 154 of the Greater London Authority Act 1999(17).E+W+S
Commencement Information
I22Sch. 1 para. 15 in force at 1.4.2017, see reg. 1
16. The London Transport Users’ Committee as established under section 247 of the Greater London Authority Act 1999.E+W+S
Commencement Information
I23Sch. 1 para. 16 in force at 1.4.2017, see reg. 1
17. A Passenger Transport Executive for an integrated transport area or a passenger transport area within the meaning of Part 2 of the Transport Act 1968(18).E+W+S
Commencement Information
I24Sch. 1 para. 17 in force at 1.4.2017, see reg. 1
18. The Passengers’ Council as established by section 19 of the Railways Act 2005(19).E+W+S
Commencement Information
I25Sch. 1 para. 18 in force at 1.4.2017, see reg. 1
19. A Transport Partnership established under section 1 of the Transport (Scotland) Act 2005(20).E+W+S
Commencement Information
I26Sch. 1 para. 19 in force at 1.4.2017, see reg. 1
20. A sub-national transport body established under section 102E of the Local Transport Act 2008(21).E+W+S
Commencement Information
I27Sch. 1 para. 20 in force at 1.4.2017, see reg. 1
21. A National Park Authority established by an order under section 63 of the Environment Act 1995(22).E+W+S
Commencement Information
I28Sch. 1 para. 21 in force at 1.4.2017, see reg. 1
22. A National Park Authority established by virtue of Schedule 1 to the National Parks (Scotland) Act 2000(23).E+W+S
Commencement Information
I29Sch. 1 para. 22 in force at 1.4.2017, see reg. 1
23. The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988(24).E+W+S
Commencement Information
I30Sch. 1 para. 23 in force at 1.4.2017, see reg. 1
24. A Conservation Board established under section 86 of the Countryside and Rights of Way Act 2000(25).E+W+S
Commencement Information
I31Sch. 1 para. 24 in force at 1.4.2017, see reg. 1
25. [F3An integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006].
Textual Amendments
F3Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
Commencement Information
I32Sch. 1 para. 25 in force at 1.4.2017, see reg. 1
26. A National Health Service Foundation Trust established under section 35 of the National Health Service Act 2006(26).E+W+S
Commencement Information
I33Sch. 1 para. 26 in force at 1.4.2017, see reg. 1
27. A National Health Service Trust established under section 25 of the National Health Service Act 2006.E+W+S
Commencement Information
I34Sch. 1 para. 27 in force at 1.4.2017, see reg. 1
28. A special health authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006(27).E+W+S
Commencement Information
I35Sch. 1 para. 28 in force at 1.4.2017, see reg. 1
29. The Common Services Agency for the Scottish Health Service established under section 10 of the National Health Service (Scotland) Act 1978(28).E+W+S
Commencement Information
I36Sch. 1 para. 29 in force at 1.4.2017, see reg. 1
30. A Health Board, or Special Health Board, constituted under section 2 of the National Health Service (Scotland) Act 1978(29).E+W+S
Commencement Information
I37Sch. 1 para. 30 in force at 1.4.2017, see reg. 1
31. Healthcare Improvement Scotland established under section 10A of the National Health Service (Scotland) Act 1978(30).E+W+S
Commencement Information
I38Sch. 1 para. 31 in force at 1.4.2017, see reg. 1
[F432. NHS England, the body corporate established under section 1H of the National Health Service Act 2006.]E+W+S
Textual Amendments
F533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
34. The governing body of a foundation school, voluntary aided school or foundation special school.E+W+S
Commencement Information
I39Sch. 1 para. 34 in force at 1.4.2017, see reg. 1
35. The proprietor (as defined in section 579(1) of the Education Act 1996(31)) of—E+W+S
(a)an Academy school within the meaning of section 1A of the Academies Act 2010(32);
(b)a 16 to 19 Academy within the meaning of section 1B of that Act;
(c)an alternative provision Academy within the meaning of section 1C of that Act.
Commencement Information
I40Sch. 1 para. 35 in force at 1.4.2017, see reg. 1
36. The governing body (as defined in section 90 of the Further and Higher Education Act 1992(33)) of—E+W+S
(a)an institution in the further education sector within the meaning of section 91(3) and (3A) of that Act(34);
(b)an institution conducted by a higher education corporation within the meaning of section 90(1) of that Act;
(c)a designated institution for the purposes of Part 2 of that Act, as defined by section 72(3) of that Act;
[F6(d)a registered higher education provider of a description prescribed by regulations made by the Secretary of State for the purposes of section 39(1) of the Higher Education and Research Act 2017.]
Textual Amendments
F6Sch. 1 para. 36(d) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 40(2)
Commencement Information
I41Sch. 1 para. 36 in force at 1.4.2017, see reg. 1
37. A university, including any college, school, hall or other institution of that university, receiving financial support under section 65 of the Further and Higher Education Act 1992(35).E+W+S
Commencement Information
I42Sch. 1 para. 37 in force at 1.4.2017, see reg. 1
38. A manager (as defined by section 135 of the Education (Scotland) Act 1980(36)) of a central institution within the meaning of that Act.E+W+S
Commencement Information
I43Sch. 1 para. 38 in force at 1.4.2017, see reg. 1
39. The governing body (as defined by section 35 of the Further and Higher Education (Scotland) Act 2005(37)) of an institution in receipt of funding from the Scottish Further and Higher Education Funding Council or a regional strategic body within the meaning of that Act.E+W+S
Commencement Information
I44Sch. 1 para. 39 in force at 1.4.2017, see reg. 1
40. A police and crime commissioner as established by section 1 of the Police Reform and Social Responsibility Act 2011(38).E+W+S
Commencement Information
I45Sch. 1 para. 40 in force at 1.4.2017, see reg. 1
41. A chief officer of a police force in England or Wales.E+W+S
Commencement Information
I46Sch. 1 para. 41 in force at 1.4.2017, see reg. 1
42. The British Transport Police Authority as established by section 18 of the Railway and Transport Safety Act 2003(39).E+W+S
Commencement Information
I47Sch. 1 para. 42 in force at 1.4.2017, see reg. 1
43. The Civil Nuclear Police Authority as established by section 51 of the Energy Act 2004(40).E+W+S
Commencement Information
I48Sch. 1 para. 43 in force at 1.4.2017, see reg. 1
44. The Scottish Police Authority established under section 1 of the Police and Fire Reform (Scotland) Act 2012(41).E+W+S
Commencement Information
I49Sch. 1 para. 44 in force at 1.4.2017, see reg. 1
45. Accountant in Bankruptcy.E+W+S
Commencement Information
I50Sch. 1 para. 45 in force at 1.4.2017, see reg. 1
46. The Advisory, Conciliation and Arbitration Service.E+W+S
Commencement Information
I51Sch. 1 para. 46 in force at 1.4.2017, see reg. 1
47. The Arts Council England(42).E+W+S
Commencement Information
I52Sch. 1 para. 47 in force at 1.4.2017, see reg. 1
48. The Arts and Humanities Research Council.E+W+S
Commencement Information
I53Sch. 1 para. 48 in force at 1.4.2017, see reg. 1
49. The Big Lottery Fund.E+W+S
Commencement Information
I54Sch. 1 para. 49 in force at 1.4.2017, see reg. 1
50. The Biotechnology and Biological Sciences Research Council.E+W+S
Commencement Information
I55Sch. 1 para. 50 in force at 1.4.2017, see reg. 1
51. The Board of Commissioners of the Royal Hospital at Chelsea.E+W+S
Commencement Information
I56Sch. 1 para. 51 in force at 1.4.2017, see reg. 1
52. The Board of Governors of the Museum of London(43).E+W+S
Commencement Information
I57Sch. 1 para. 52 in force at 1.4.2017, see reg. 1
53. The Board of Trustees of the Armouries.E+W+S
Commencement Information
I58Sch. 1 para. 53 in force at 1.4.2017, see reg. 1
54. The Board of Trustees of the National Gallery.E+W+S
Commencement Information
I59Sch. 1 para. 54 in force at 1.4.2017, see reg. 1
55. The Board of Trustees of the National Galleries of Scotland(44).E+W+S
Commencement Information
I60Sch. 1 para. 55 in force at 1.4.2017, see reg. 1
56. The Board of Trustees of the National Museums and Galleries on Merseyside.E+W+S
Commencement Information
I61Sch. 1 para. 56 in force at 1.4.2017, see reg. 1
57. The Board of Trustees of the National Museums Scotland(45).E+W+S
Commencement Information
I62Sch. 1 para. 57 in force at 1.4.2017, see reg. 1
58. The Board of Trustees of the National Portrait Gallery.E+W+S
Commencement Information
I63Sch. 1 para. 58 in force at 1.4.2017, see reg. 1
59. The Board of Trustees of the Royal Botanic Garden, Edinburgh(46).E+W+S
Commencement Information
I64Sch. 1 para. 59 in force at 1.4.2017, see reg. 1
60. The Board of Trustees of the Royal Botanic Gardens, Kew.E+W+S
Commencement Information
I65Sch. 1 para. 60 in force at 1.4.2017, see reg. 1
61. The Board of Trustees of the Science Museum.E+W+S
Commencement Information
I66Sch. 1 para. 61 in force at 1.4.2017, see reg. 1
62. The Board of Trustees of the Tate Gallery.E+W+S
Commencement Information
I67Sch. 1 para. 62 in force at 1.4.2017, see reg. 1
63. The Board of Trustees of the Victoria and Albert Museum.E+W+S
Commencement Information
I68Sch. 1 para. 63 in force at 1.4.2017, see reg. 1
64. The Board of Trustees of the Wallace Collection.E+W+S
Commencement Information
I69Sch. 1 para. 64 in force at 1.4.2017, see reg. 1
65. The Britain-Russia Centre and the British East-West Centre(47).E+W+S
Commencement Information
I70Sch. 1 para. 65 in force at 1.4.2017, see reg. 1
66. The British Broadcasting Corporation.E+W+S
Commencement Information
I71Sch. 1 para. 66 in force at 1.4.2017, see reg. 1
67. The British Council(48).E+W+S
Commencement Information
I72Sch. 1 para. 67 in force at 1.4.2017, see reg. 1
68. The British Library Board.E+W+S
Commencement Information
I73Sch. 1 para. 68 in force at 1.4.2017, see reg. 1
69. The British Tourist Authority.E+W+S
Commencement Information
I74Sch. 1 para. 69 in force at 1.4.2017, see reg. 1
70. The Children and Family Court Advisory and Support Service.E+W+S
Commencement Information
I75Sch. 1 para. 70 in force at 1.4.2017, see reg. 1
71. The Care Quality Commission.E+W+S
Commencement Information
I76Sch. 1 para. 71 in force at 1.4.2017, see reg. 1
72. The Children’s Commissioner.E+W+S
Commencement Information
I77Sch. 1 para. 72 in force at 1.4.2017, see reg. 1
73. Children’s Hearings Scotland.E+W+S
Commencement Information
I78Sch. 1 para. 73 in force at 1.4.2017, see reg. 1
74. The Civil Service Commission.E+W+S
Commencement Information
I79Sch. 1 para. 74 in force at 1.4.2017, see reg. 1
75. The Coal Authority.E+W+S
Commencement Information
I80Sch. 1 para. 75 in force at 1.4.2017, see reg. 1
76. College of Policing Limited(49).E+W+S
Commencement Information
I81Sch. 1 para. 76 in force at 1.4.2017, see reg. 1
77. The Commission for Equality and Human Rights.E+W+S
Commencement Information
I82Sch. 1 para. 77 in force at 1.4.2017, see reg. 1
78. The Commission for Local Administration in England.E+W+S
Commencement Information
I83Sch. 1 para. 78 in force at 1.4.2017, see reg. 1
79. The Commissioner for Children and Young People in Scotland.E+W+S
Commencement Information
I84Sch. 1 para. 79 in force at 1.4.2017, see reg. 1
80. The Commissioner for Ethical Standards in Public Life in Scotland.E+W+S
Commencement Information
I85Sch. 1 para. 80 in force at 1.4.2017, see reg. 1
81. The Commissioner for Public Appointments.E+W+S
Commencement Information
I86Sch. 1 para. 81 in force at 1.4.2017, see reg. 1
82. The Commissioner for Victims and Witnesses.E+W+S
Commencement Information
I87Sch. 1 para. 82 in force at 1.4.2017, see reg. 1
83. The Committee on Climate Change.E+W+S
Commencement Information
I88Sch. 1 para. 83 in force at 1.4.2017, see reg. 1
84. The Community Development Foundation(50).E+W+S
Commencement Information
I89Sch. 1 para. 84 in force at 1.4.2017, see reg. 1
85. The Community Justice Authority.E+W+S
Commencement Information
I90Sch. 1 para. 85 in force at 1.4.2017, see reg. 1
86. The Covent Garden Market Authority.E+W+S
Commencement Information
I91Sch. 1 para. 86 in force at 1.4.2017, see reg. 1
87. Creative Scotland.E+W+S
Commencement Information
I92Sch. 1 para. 87 in force at 1.4.2017, see reg. 1
88. The Criminal Cases Review Commission.E+W+S
Commencement Information
I93Sch. 1 para. 88 in force at 1.4.2017, see reg. 1
89. The Crofting Commission.E+W+S
Commencement Information
I94Sch. 1 para. 89 in force at 1.4.2017, see reg. 1
90. Design Council(51).E+W+S
Commencement Information
I95Sch. 1 para. 90 in force at 1.4.2017, see reg. 1
F791. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F7Sch. 1 para. 91 omitted (1.8.2019) by virtue of The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 40(3)(a)
92. The Disclosure and Barring Service.E+W+S
Commencement Information
I96Sch. 1 para. 92 in force at 1.4.2017, see reg. 1
93. The Doncaster Children’s Services Trust.E+W+S
Commencement Information
I97Sch. 1 para. 93 in force at 1.4.2017, see reg. 1
94. Ebbsfleet Development Corporation.E+W+S
Commencement Information
I98Sch. 1 para. 94 in force at 1.4.2017, see reg. 1
95. The Economic and Social Research Council(52).E+W+S
Commencement Information
I99Sch. 1 para. 95 in force at 1.4.2017, see reg. 1
96. The Engineering and Physical Sciences Research Council.E+W+S
Commencement Information
I100Sch. 1 para. 96 in force at 1.4.2017, see reg. 1
97. The Engineering Construction Industry Training Board.E+W+S
Commencement Information
I101Sch. 1 para. 97 in force at 1.4.2017, see reg. 1
98. The English Sports Council.E+W+S
Commencement Information
I102Sch. 1 para. 98 in force at 1.4.2017, see reg. 1
99. The Environment Agency.E+W+S
Commencement Information
I103Sch. 1 para. 99 in force at 1.4.2017, see reg. 1
100. Food Standards Scotland.E+W+S
Commencement Information
I104Sch. 1 para. 100 in force at 1.4.2017, see reg. 1
101. The Gaelic Media Service.E+W+S
Commencement Information
I105Sch. 1 para. 101 in force at 1.4.2017, see reg. 1
102. Gangmasters and Labour Abuse Authority.E+W+S
Commencement Information
I106Sch. 1 para. 102 in force at 1.4.2017, see reg. 1
103. The Great Britain-China Centre(53).E+W+S
Commencement Information
I107Sch. 1 para. 103 in force at 1.4.2017, see reg. 1
104. The Health and Safety Executive.E+W+S
Commencement Information
I108Sch. 1 para. 104 in force at 1.4.2017, see reg. 1
F8105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F9106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F9Sch. 1 para. 106 omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 2 para. 22 (with reg. 7)
107. The Health Research Authority.E+W+S
Commencement Information
I109Sch. 1 para. 107 in force at 1.4.2017, see reg. 1
108. Her Majesty’s Chief Inspector of Prisons.E+W+S
Commencement Information
I110Sch. 1 para. 108 in force at 1.4.2017, see reg. 1
109. Her Majesty’s Inspectorate of Probation for England and Wales.E+W+S
Commencement Information
I111Sch. 1 para. 109 in force at 1.4.2017, see reg. 1
110. [F10The Office for Students].
Textual Amendments
F10Words in Sch. 1 para. 110 substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 40(3)(b)
Commencement Information
I112Sch. 1 para. 110 in force at 1.4.2017, see reg. 1
111. Highlands and Islands Enterprise.E+W+S
Commencement Information
I113Sch. 1 para. 111 in force at 1.4.2017, see reg. 1
112. The Historic Buildings and Monuments Commission for England.E+W+S
Commencement Information
I114Sch. 1 para. 112 in force at 1.4.2017, see reg. 1
113. Historic Environment Scotland(54).E+W+S
Commencement Information
I115Sch. 1 para. 113 in force at 1.4.2017, see reg. 1
114. The Homes and Communities Agency.E+W+S
Commencement Information
I116Sch. 1 para. 114 in force at 1.4.2017, see reg. 1
115. The Human Fertilisation and Embryology Authority.E+W+S
Commencement Information
I117Sch. 1 para. 115 in force at 1.4.2017, see reg. 1
116. The Human Tissue Authority.E+W+S
Commencement Information
I118Sch. 1 para. 116 in force at 1.4.2017, see reg. 1
117. The Independent Police Complaints Commission.E+W+S
Commencement Information
I119Sch. 1 para. 117 in force at 1.4.2017, see reg. 1
118. The Information Commissioner.E+W+S
Commencement Information
I120Sch. 1 para. 118 in force at 1.4.2017, see reg. 1
F11119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
120. The Joint Nature Conservation Committee.E+W+S
Commencement Information
I121Sch. 1 para. 120 in force at 1.4.2017, see reg. 1
121. The Judicial Appointments and Conduct Ombudsman.E+W+S
Commencement Information
I122Sch. 1 para. 121 in force at 1.4.2017, see reg. 1
122. The Judicial Appointments Commission.E+W+S
Commencement Information
I123Sch. 1 para. 122 in force at 1.4.2017, see reg. 1
123. The Marine Management Organisation.E+W+S
Commencement Information
I124Sch. 1 para. 123 in force at 1.4.2017, see reg. 1
124. The Marshall Aid Commemoration Commission.E+W+S
Commencement Information
I125Sch. 1 para. 124 in force at 1.4.2017, see reg. 1
125. The Medical Research Council(55).E+W+S
Commencement Information
I126Sch. 1 para. 125 in force at 1.4.2017, see reg. 1
126. Mental Welfare Commission for Scotland.E+W+S
Commencement Information
I127Sch. 1 para. 126 in force at 1.4.2017, see reg. 1
127. The National Army Museum(56).E+W+S
Commencement Information
I128Sch. 1 para. 127 in force at 1.4.2017, see reg. 1
128. The National Forest Company(57).E+W+S
Commencement Information
I129Sch. 1 para. 128 in force at 1.4.2017, see reg. 1
129. The National Institute for Health and Care Excellence.E+W+S
Commencement Information
I130Sch. 1 para. 129 in force at 1.4.2017, see reg. 1
130. The National Library of Scotland(58).E+W+S
Commencement Information
I131Sch. 1 para. 130 in force at 1.4.2017, see reg. 1
131. The National Museum of the Royal Navy(59).E+W+S
Commencement Information
I132Sch. 1 para. 131 in force at 1.4.2017, see reg. 1
132. The National Non-Foods Crops Centre Limited(60).E+W+S
Commencement Information
I133Sch. 1 para. 132 in force at 1.4.2017, see reg. 1
133. National Records of Scotland.E+W+S
Commencement Information
I134Sch. 1 para. 133 in force at 1.4.2017, see reg. 1
134. Natural England.E+W+S
Commencement Information
I135Sch. 1 para. 134 in force at 1.4.2017, see reg. 1
135. Natural Environment Research Council.E+W+S
Commencement Information
I136Sch. 1 para. 135 in force at 1.4.2017, see reg. 1
136. Nuclear Decommissioning Authority.E+W+S
Commencement Information
I137Sch. 1 para. 136 in force at 1.4.2017, see reg. 1
137. The Office for Budget Responsibility.E+W+S
Commencement Information
I138Sch. 1 para. 137 in force at 1.4.2017, see reg. 1
138. The Office of Manpower Economics.E+W+S
Commencement Information
I139Sch. 1 para. 138 in force at 1.4.2017, see reg. 1
139. The Office of the Scottish Charity Regulator.E+W+S
Commencement Information
I140Sch. 1 para. 139 in force at 1.4.2017, see reg. 1
140. The Oil and Pipeline Agency.E+W+S
Commencement Information
I141Sch. 1 para. 140 in force at 1.4.2017, see reg. 1
141. The Parole Board for England and Wales.E+W+S
Commencement Information
I142Sch. 1 para. 141 in force at 1.4.2017, see reg. 1
142. The Parole Board for Scotland.E+W+S
Commencement Information
I143Sch. 1 para. 142 in force at 1.4.2017, see reg. 1
143. The Police Investigations and Review Commissioner.E+W+S
Commencement Information
I144Sch. 1 para. 143 in force at 1.4.2017, see reg. 1
144. The Prisons and Probation Ombudsman for England and Wales.E+W+S
Commencement Information
I145Sch. 1 para. 144 in force at 1.4.2017, see reg. 1
145. The Registrar of Independent Schools.E+W+S
Commencement Information
I146Sch. 1 para. 145 in force at 1.4.2017, see reg. 1
146. Registers of Scotland.E+W+S
Commencement Information
I147Sch. 1 para. 146 in force at 1.4.2017, see reg. 1
147. Revenue Scotland.E+W+S
Commencement Information
I148Sch. 1 para. 147 in force at 1.4.2017, see reg. 1
148. Risk Management Authority.E+W+S
Commencement Information
I149Sch. 1 para. 148 in force at 1.4.2017, see reg. 1
149. The Royal Air Force Museum(61).E+W+S
Commencement Information
I150Sch. 1 para. 149 in force at 1.4.2017, see reg. 1
150. The Science and Technology Facilities Council.E+W+S
Commencement Information
I151Sch. 1 para. 150 in force at 1.4.2017, see reg. 1
151. The Scottish Ambulance Service Board.E+W+S
Commencement Information
I152Sch. 1 para. 151 in force at 1.4.2017, see reg. 1
152. The Scottish Children’s Reporter Administration.E+W+S
Commencement Information
I153Sch. 1 para. 152 in force at 1.4.2017, see reg. 1
153. The Scottish Commission for Human Rights.E+W+S
Commencement Information
I154Sch. 1 para. 153 in force at 1.4.2017, see reg. 1
154. The Scottish Courts and Tribunals Service.E+W+S
Commencement Information
I155Sch. 1 para. 154 in force at 1.4.2017, see reg. 1
155. The Scottish Criminal Cases Review Commission.E+W+S
Commencement Information
I156Sch. 1 para. 155 in force at 1.4.2017, see reg. 1
156. Scottish Enterprise.E+W+S
Commencement Information
I157Sch. 1 para. 156 in force at 1.4.2017, see reg. 1
157. The Scottish Environment Protection Agency.E+W+S
Commencement Information
I158Sch. 1 para. 157 in force at 1.4.2017, see reg. 1
158. The Scottish Fiscal Commission.E+W+S
Commencement Information
I159Sch. 1 para. 158 in force at 1.4.2017, see reg. 1
159. The Scottish Further and Higher Education Funding Council.E+W+S
Commencement Information
I160Sch. 1 para. 159 in force at 1.4.2017, see reg. 1
160. The Scottish Housing Regulator.E+W+S
Commencement Information
I161Sch. 1 para. 160 in force at 1.4.2017, see reg. 1
161. The Scottish Information Commissioner.E+W+S
Commencement Information
I162Sch. 1 para. 161 in force at 1.4.2017, see reg. 1
162. The Scottish Legal Aid Board.E+W+S
Commencement Information
I163Sch. 1 para. 162 in force at 1.4.2017, see reg. 1
163. The Scottish Natural Heritage.E+W+S
Commencement Information
I164Sch. 1 para. 163 in force at 1.4.2017, see reg. 1
164. The Scottish Public Services Ombudsman.E+W+S
Commencement Information
I165Sch. 1 para. 164 in force at 1.4.2017, see reg. 1
165. The Scottish Qualifications Authority.E+W+S
Commencement Information
I166Sch. 1 para. 165 in force at 1.4.2017, see reg. 1
166. The Scottish Road Works Commissioner.E+W+S
Commencement Information
I167Sch. 1 para. 166 in force at 1.4.2017, see reg. 1
167. The Scottish Social Services Council.E+W+S
Commencement Information
I168Sch. 1 para. 167 in force at 1.4.2017, see reg. 1
168. The Scottish Sports Council.E+W+S
Commencement Information
I169Sch. 1 para. 168 in force at 1.4.2017, see reg. 1
169. The Sea Fish Industry Authority.E+W+S
Commencement Information
I170Sch. 1 para. 169 in force at 1.4.2017, see reg. 1
170. The Security Industry Authority.E+W+S
Commencement Information
I171Sch. 1 para. 170 in force at 1.4.2017, see reg. 1
171. Sianel Pedwar Cymru (S4C).E+W+S
Commencement Information
I172Sch. 1 para. 171 in force at 1.4.2017, see reg. 1
172. The Single Source Regulations Office.E+W+S
Commencement Information
I173Sch. 1 para. 172 in force at 1.4.2017, see reg. 1
173. The Slough Children’s Services Trust.E+W+S
Commencement Information
I174Sch. 1 para. 173 in force at 1.4.2017, see reg. 1
174. Social Care and Social Work Improvement Scotland.E+W+S
Commencement Information
I175Sch. 1 para. 174 in force at 1.4.2017, see reg. 1
175. The Social Care Institute for Excellence(62).E+W+S
Commencement Information
I176Sch. 1 para. 175 in force at 1.4.2017, see reg. 1
176. The Sports Grounds Safety Authority.E+W+S
Commencement Information
I177Sch. 1 para. 176 in force at 1.4.2017, see reg. 1
177. The Standards Commission for Scotland.E+W+S
Commencement Information
I178Sch. 1 para. 177 in force at 1.4.2017, see reg. 1
178. The Technology Strategy Board(63).E+W+S
Commencement Information
I179Sch. 1 para. 178 in force at 1.4.2017, see reg. 1
179. The Trustees of the British Museum.E+W+S
Commencement Information
I180Sch. 1 para. 179 in force at 1.4.2017, see reg. 1
180. The Trustees of the Imperial War Museum.E+W+S
Commencement Information
I181Sch. 1 para. 180 in force at 1.4.2017, see reg. 1
181. The Trustees of National Heritage Memorial Fund.E+W+S
Commencement Information
I182Sch. 1 para. 181 in force at 1.4.2017, see reg. 1
182. The Trustees of the National Maritime Museum.E+W+S
Commencement Information
I183Sch. 1 para. 182 in force at 1.4.2017, see reg. 1
183. The Trustees of the Natural History Museum.E+W+S
Commencement Information
I184Sch. 1 para. 183 in force at 1.4.2017, see reg. 1
184. The Trustees of the Sir John Soane’s Museum(64).E+W+S
Commencement Information
I185Sch. 1 para. 184 in force at 1.4.2017, see reg. 1
185. The UK Atomic Energy Authority.E+W+S
Commencement Information
I186Sch. 1 para. 185 in force at 1.4.2017, see reg. 1
186. The UK Commission for Employment and Skills(65).E+W+S
Commencement Information
I187Sch. 1 para. 186 in force at 1.4.2017, see reg. 1
187. The United Kingdom Anti-Doping Limited(66).E+W+S
Commencement Information
I188Sch. 1 para. 187 in force at 1.4.2017, see reg. 1
188. The United Kingdom Sports Council(67).E+W+S
Commencement Information
I189Sch. 1 para. 188 in force at 1.4.2017, see reg. 1
189. VisitScotland.E+W+S
Commencement Information
I190Sch. 1 para. 189 in force at 1.4.2017, see reg. 1
190. The Westminster Foundation for Democracy Limited(68).E+W+S
Commencement Information
I191Sch. 1 para. 190 in force at 1.4.2017, see reg. 1
191. The Youth Justice Board for England and Wales.E+W+S
Commencement Information
I192Sch. 1 para. 191 in force at 1.4.2017, see reg. 1
Regulation 8
Commencement Information
I193Sch. 2 in force at 1.4.2017, see reg. 1
What was the total number of your employees who were relevant union officials during the relevant period?
| Number of employees who were relevant union officials during the relevant period | Full-time equivalent employee number |
|---|---|
How many of your employees who were relevant union officials employed during the relevant period spent a) 0%, b) 1%-50%, c) 51%-99% or d) 100% of their working hours on facility time?
| Percentage of time | Number of employees |
|---|---|
| 0% | |
| 1-50% | |
| 51%-99% | |
| 100% |
Provide the figures requested in the first column of the table below to determine the percentage of your total pay bill spent on paying employees who were relevant union officials for facility time during the relevant period.
| First Column | Figures |
|---|---|
| Provide the total cost of facility time | |
| Provide the total pay bill | |
Provide the percentage of the total pay bill spent on facility time, calculated as: (total cost of facility time ÷ total pay bill) x 100 |
As a percentage of total paid facility time hours, how many hours were spent by employees who were relevant union officials during the relevant period on paid trade union activities?
Time spent on paid trade union activities as a percentage of total paid facility time hours calculated as: (total hours spent on paid trade union activities by relevant union officials during the relevant period ÷ total paid facility time hours) x 100 |
(This note is not part of the Regulations)
These Regulations are made under section 172A of the Trade Union and Labour Relations (Consolidation) Act 1992 and make provision in connection with the imposition of requirements on public authorities to publish information in relation to facility time taken by trade union officials.
Regulation 2 defines certain terms.
Regulation 3 specifies who is to be treated, for the purposes of section 172A, as the employer of a relevant union official who is employed by the Crown and makes connected provision about the meaning of “employee”.
Regulation 4 provides how to calculate the total cost of facility time.
Regulation 5 provides how to calculate the total pay bill.
Regulation 6 provides how to calculate the full-time equivalent employee number.
Regulation 7(1) and (2) specifies Government Departments (other than the Secret Intelligence Service, the Security Service and the Government Communications Headquarters), the Scottish Ministers and public authorities described or listed in Schedule 1 for the purposes of the meaning of ‘relevant public sector employer’ under section 172A. Regulation 7(3) excludes devolved Welsh authorities covered by a description in Schedule 1 from being specified for the purposes of the meaning of ‘relevant public sector employer’.
Regulation 8 requires a relevant public sector employer which satisfies the employee number condition for the relevant period to complete and publish the information described in Schedule 2 and makes provision in connection with those requirements.
A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector has been prepared. A copy has been placed in the Library of each House of Parliament and is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.
1992 c.52. Section 172A was inserted by section 13 of the Trade Union Act 2016 (c.15).
1996 c.18. Section 27(1) has been amended as follows: paragraphs (ca) and (cb) were inserted by the Employment Act 2002 (c. 22), Schedule 7, paragraph 25; paragraph (ca) was amended, and paragraph (cc) was inserted, by the Children and Families Act 2014 (c. 6), Schedule 7, paragraph 30; paragraph (fa) was inserted by S.I. 2010/93, regulation 1.
Section 173(1) was amended by the Employment Act 2002 (c. 22), Schedule 7, paragraph 21.
2002 c. 32. Section 35(2) was amended by S.I. 2010/1158 so that “local authority” was substituted for “local education authority” (see Schedule 2, Part 1, paragraph 11(2)). For the meaning of “local authority” as used in section 35(2), see section 212(1) of the 2002 Act (as amended by S.I. 2010/1158, Schedule 2, Part 1, paragraph 11(12)) and section 579(1) of the Education Act 1996 (c. 56) (as amended by S.I. 2010/1158, article 3(2)(b)).
2004 c. 21. The reference in section 1(2)(d) to a metropolitan county fire and civil defence authority is treated as a reference to a metropolitan county fire and rescue authority (see the Civil Contingencies Act 2004 (c. 36), Schedule 2, Part 1, paragraph 10(2)).
2005 asp 5. Section 1A was inserted by the Police and Fire Reform (Scotland) Act 2012 (asp 8), section 101(1).
2008 c.26. Section 102E was inserted by Cities and Local Government Devolution Act 2016 (c. 1), section 21.
Section 35 is prospectively repealed by the Health and Social Care Act 2012 (c.7), section 180.
1978 c.29. Section 10(1) was amended by of the Health Services Act 1980 (c.59), Schedule 6, paragraph 2 and the Public Bodies (Joint Working) Act 2014 (asp 9), section 63(2)(a).
1978 c.29. Section 2(1)(a) was amended by the Smoking Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2), the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1, and the National Health Service Reform Act 2004 (asp 7) Schedule 1, paragraph 1(2)(a). Section 2(1)(b) was inserted by the National Health Service and Community Care Act 1990 (c.19), section 28(a)(ii).
1978 c.29. Section 10A was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), section 108.
2010 c.32; sections 1A, 1B and 1C inserted by Education Act 2011 (c.21), section 53(7).
1992 c.13; section 91(3) was amended by and 91(3A) was inserted by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), Schedule 8, paragraphs 1 and 13(1), (2) and (3).
Section 91 was amended by the Apprenticeships, Skills, Children and Learning Act 2009, Schedule 8, paragraph 13(1) to (3).
1992 c.13; section 65(2)(c)(i) was amended by the Local Education Authorities and Children’s Service Authorities (Integration of Functions) Order S.I. 2010/1158, Schedule 2, Part 1, paragraph 5(1) and (2); subsections (3A) and (3B) were inserted by the Teaching and Higher Education Act 1998 (c.30), section 27.
2005 asp 6. Section 7B (regional strategic bodies) was inserted by the Post-16 Education (Scotland) Act 2013 (asp 12), section 8.
Registered charity number (England and Wales) 1036733.
Registered charity number (England and Wales) 1139250.
Registered charity number (Scotland) SC003728.
Registered charity number (Scotland) SC011130.
Registered charity number (Scotland) SC007983.
Registered company number (England and Wales) 0069337.
Registered charity number (England and Wales) 209131; registered charity number (Scotland) SC037733.
Registered company number (England and Wales) 08235199.
Registered charity number (England and Wales) 1139975; registered company number (England and Wales) 07462785.
Registered charity number (England and Wales) 272099.
Registered company number (England and Wales) RC000555.
Registered company number (England and Wales) 01196043.
Registered charity number (Scotland) SC045925.
Registered company number (England and Wales) RC000346.
Registered charity number (England and Wales) 237902.
Registered company number (England and Wales) 02991970.
Registered charity number (Scotland) SC011086.
Registered charity number (England and Wales) 1126283.
Registered company number (England and Wales) 04853659.
Registered charity number (England and Wales) 244708.
Registered charity number (England and Wales) 1092778.
Registered company number (England and Wales) RC000818.
Registered charity number (England and Wales) 313609.
Registered company number (England and Wales) 06425800.
Registered company number (England and Wales) 6990867.
Registered company number (England and Wales) RC000765.
Registered company number (England and Wales) 2693163.
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