The Time Off for Public Duties Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

Section 50 of the Employment Rights Act 1996 (c.18) (“the 1996 Act”) applies to employers in Great Britain and requires such employers to allow time off during working hours, subject to the provisions of the section, to an employee who holds a post included in section 50(1) or is a member of a body listed in section 50(2) of the 1996 Act. The Secretary of State has the power to modify section 50(1) and (2) by adding or removing any office or body. This Order adds three bodies and one office.

Firstly, the Order adds independent prison monitors appointed in accordance with section 7B(2) of the Prisons (Scotland) Act 1989 (c. 45) to section 50(1). Independent prison monitors visit prisons in Scotland and monitor the conditions in the prison and the treatment of the prisoners. The equivalent body for England and Wales is already included at section 50(2)(d) of the 1996 Act.

Secondly, the Order adds a panel of lay observers appointed in accordance with section 81(1)(b) of the Criminal Justice Act 1991 (c. 53) (“the 1991 Act”). These are volunteers who monitor conditions for prisoners under escort and in court custody. The 1991 Act extends to England and Wales only and lay observers of prison escort and custody services do not exist or operate in Scotland.

Thirdly, the Order adds Visiting Committees for the immigration and detention estate appointed in accordance with section 152(1) of the Immigration and Asylum Act 1999 (c. 33) (“the 1999 Act”) for England, Wales and Scotland. Visiting Committees established in accordance with the 1999 Act are commonly referred to as Independent Monitoring Boards for the immigration detention estate and consist of volunteers who monitor the immigration detention estate across the whole of the UK, including Northern Ireland. This provision will only apply to employers in England, Wales and Scotland. Northern Ireland has separate employment legislation.

Finally, this Order adds Visiting Committees appointed by the Secretary of State for short-term holding facilities to the list of bodies specified in section 50(2) of the 1996 Act.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on https://legislation.gov.uk.