The Trade Union Act 2016 (Commencement No. 4 and Transitional) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Trade Union Act 2016 (c. 15) (“the 2016 Act”). These are the fourth commencement regulations made under the 2016 Act. Certain provisions came into force on the passing of the 2016 Act.

Regulation 3 brings certain provisions of the 2016 Act into force on 8th December 2021, in some cases only for limited purposes.

Section 17 of the 2016 Act is required to be commenced on 8th December 2021 for the purpose of exercising powers to make regulations under section 256D of, and paragraphs 6, 7 and 8 of Schedule A4 to, the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”), since section 17 of the 2016 Act amends two provisions referred to in the definition of enforcement order at paragraph 1 of Schedule A4 and which are also relevant to the powers in paragraphs 6, 7 and 8 of that Schedule.

Section 19(1) and (2) of the 2016 Act are required to be commenced on 8th December 2021 for the purpose of exercising powers to make regulations under section 256D of, and paragraphs 6, 7 and 8 of Schedule A4 to, the 1992 Act, since section 19(1) and (2) of the 2016 Act insert section 256D and Schedule A4, comprising the power for the Certification Officer to impose financial penalties and relevant definitions. Those regulations are themselves, when made, intended to come into force on 1st April 2022.

Section 20 of the 2016 Act is required to be commenced on 8th December 2021 to allow the exercise of powers to make regulations under section 257A of the 1992 Act. Those regulations are themselves, when made, intended to come into force on 1st April 2022. Section 20 is commenced generally, not just for a limited purpose, but section 257A will not have any practical effect until those regulations are made.

Regulation 4 brings certain provisions of the 2016 Act into force on 1st April 2022, to the extent that they have not previously been commenced.

Regulations 5 to 16 contain transitional provisions made under section 25(2) of the 2016 Act. The primary aim of these provisions is that certain additional powers of the Certification Officer provided for by the 2016 Act apply only to matters occurring on or after 1st April 2022.