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Employment Rights Act 2025

Type Public General Act

Publication 2025-12-18

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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(3) An appeal under subsection (1)(a) may be made only on one or more of the following grounds—

(a) that no sum was due to any individual to whom the notice relates on the specified day under or by virtue of the specified provision;

(b) that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum had been paid before the end of the period mentioned in section 103 (1)(b);

(c) that, in the case of every sum specified in the notice as due to an individual to whom the notice relates, the sum was one to which a notice may not relate by virtue of subsection (1) or (7) of section 105 (period to which notice may relate).

(4) An appeal under subsection (1)(b) in relation to an individual may be made only on one or more of the following grounds—

(a) that, on the specified day, no sum was due to the individual under or by virtue of the specified provision;

(b) that, in the case of any sum specified in the notice as due to the individual, the sum had been paid before the end of the period mentioned in section 103 (1)(b);

(c) that, in the case of any sum specified in the notice as due to the individual, the sum was one to which a notice may not relate by virtue of subsection (1) or (7) of section 105;

(d) that the amount specified in the notice as the sum required to be paid to the individual is incorrect;

(e) that, in the case of a replacement notice given under section 112, the notice contravenes subsection (2) of that section.

(5) An appeal under subsection (1)(c) may be made only on one or more of the following grounds—

(a) that the notice was given in circumstances specified in a direction under section 108 (1);

(b) that the amount of the penalty specified in the notice of underpayment has been incorrectly calculated (whether because the notice is incorrect in some of the particulars which affect that calculation or for some other reason).

(6) Where the tribunal allows an appeal under subsection (1)(a), it must cancel the notice.

(7) Where, in a case where subsection (6) does not apply, the tribunal allows an appeal under subsection (1)(b) or (c)—

(a) the tribunal must rectify the notice, and

(b) the notice of underpayment, as rectified, has effect as if it had been given on the day on which the tribunal makes its determination.

(8) In this section—

“the specified day”, in relation to an individual, means the day specified in accordance with section 106 (2)(a) in relation to the individual;

“the specified provision”, in relation to an individual, means the statutory pay provision specified in accordance with section 106 (2)(d) in relation to the individual;

“tribunal” means— an employment tribunal, in relation to England and Wales or Scotland; an industrial tribunal, in relation to Northern Ireland.

Withdrawal of notice of underpayment

111

(1) Where—

(a) a notice of underpayment has been given to a person (and not already withdrawn or cancelled), and

(b) it appears to the Secretary of State that the notice incorrectly includes or omits any requirement or is incorrect in any particular,

the Secretary of State may withdraw it by giving a notice of withdrawal to the person.

(2) Where a notice of underpayment given to a person is withdrawn and no replacement notice of underpayment is given in accordance with section 112—

(a) any sum paid by or recovered from the person by way of penalty payable under the notice must be repaid to the person with interest at the appropriate rate running from the date when the sum was paid or recovered;

(b) any appeal against the notice must be dismissed.

(3) In subsection (2)(a) “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838.

(4) Where subsection (2) applies, the notice of withdrawal must indicate the effect of that subsection (but a failure to do so does not make the withdrawal ineffective).

Replacement notice of underpayment

112

(1) If the Secretary of State—

(a) gives a notice of withdrawal to a person under section 111, and

(b) is of the opinion referred to in section 103 (1) in relation to any individual specified in the notice which is being withdrawn (“the original notice”),

the Secretary of State may at the same time give a fresh notice of underpayment to the person (a “replacement notice”).

(2) The replacement notice may not relate to any individual to whom the original notice did not relate.

(3) The claim period for a replacement notice (see section 105 (1)) is the period—

(a) beginning with the claim period for the original notice, and

(b) ending with the day on which the replacement notice is given.

Accordingly, the replacement notice may relate to sums that became due after the day on which the original notice was given.

(4) The replacement notice must—

(a) set out the differences between it and the original notice that it is reasonable for the Secretary of State to consider are material, and

(b) explain the effect of section 113.

(5) Failure to comply with subsection (4) does not make the replacement notice ineffective.

(6) Where a replacement notice is withdrawn under section 111, no further replacement notice may be given under subsection (1) as a result of the withdrawal.

(7) Nothing in this section affects any power that exists apart from this section to give a notice of underpayment in relation to any underpaid individual.

Effect of replacement notice of underpayment

113

(1) This section applies where a notice of underpayment is withdrawn under section 111 and a replacement notice is given in accordance with section 112.

(2) If an appeal has been made under section 110 in respect of the original notice and the appeal has not been withdrawn or finally determined before the time when that notice is withdrawn—

(a) that appeal (“the earlier appeal”) has effect after that time as if it had been made in respect of the replacement notice, and

(b) the person given the notice may exercise the right of appeal under that section in respect of the replacement notice only if the earlier appeal is withdrawn.

(3) If a sum was paid by or recovered from the person by way of penalty under the original notice—

(a) an amount equal to that sum (or, if more than one, the total of those sums) is to be treated as having been paid in respect of the penalty imposed by the replacement notice, and

(b) any amount by which that sum (or total) exceeds the amount of the penalty imposed by the replacement notice must be repaid to the person with interest at the appropriate rate running from the date when the sum (or, if more than one, the first of them) was paid or recovered.

(4) In subsection (3)(b) “the appropriate rate” means the rate that, on the date mentioned in that provision, was specified in section 17 of the Judgments Act 1838.

Enforcement of requirement to pay sums due to individuals

114

(1) In a case where it appears to the Secretary of State that the liable party has failed to comply with a requirement in a notice of underpayment to pay a sum to an underpaid individual, the Secretary of State may apply to the court for an order under this section.

(2) An application under this section may be made only if—

(a) the relevant 28-day period has ended, and

(b) the liable party’s appeal rights are exhausted (see subsection (5)).

(3) If, on an application under this section, the court is satisfied that—

(a) the notice was given to the liable party and has not been withdrawn, and

(b) the liable party has failed to comply with a requirement imposed by the notice to pay a sum to an underpaid individual,

the court must order the liable party to pay the sum to the underpaid individual within the period specified in the order.

(4) This section does not affect any right of an underpaid individual to recover any sums owed by the liable party to the individual.

(5) For the purposes of this section, the liable party’s appeal rights are exhausted if—

(a) the relevant 28-day period ended without an appeal being made under section 110 in respect of the notice,

(b) any appeal made under that section by the liable party in respect of the notice has been withdrawn, or

(c) any such appeal has been finally determined and the notice has not been cancelled under subsection (6) of that section.

(6) In this section—

“the court” means— the county court, in relation to England and Wales; the sheriff or a summary sheriff, in relation to Scotland; a county court, in relation to Northern Ireland;

“the relevant 28-day period” means the period of 28 days beginning with the day on which the notice (or, where section 110 (7)(b) applies, the rectified notice) is given.

Enforcement of requirement to pay penalty

115

(1) In England and Wales, a penalty is recoverable as if it were payable under an order of the county court.

(2) In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) In Northern Ireland, a penalty is recoverable as if it were payable under an order of a county court.

(4) Where action is taken under this section for the recovery of a penalty, the penalty—

(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

(5) In this section “penalty” means a penalty payable under a notice of underpayment.

Powers relating to civil proceedings

Power to bring proceedings in employment tribunal

116

(1) In a case where—

(a) a worker has the right under any enactment to bring proceedings about a matter in an employment tribunal in England and Wales or Scotland, and

(b) it appears to the Secretary of State that the worker is not going to bring proceedings about that matter,

the Secretary of State may, in place of the worker, bring proceedings about the matter in an employment tribunal under the enactment.

(2) Subsection (1) does not apply to—

(a) any right to bring proceedings about a matter in respect of which a notice of underpayment under section 103 has been given;

(b) any right arising under or by virtue of the Agricultural Sector (Wales) Act 2014 (anaw 6) or the Agricultural Wages (Scotland) Act 1949.

(3) Where by virtue of this section the Secretary of State brings proceedings in place of a worker—

(a) the proceedings are to be proceeded with as if they had been brought by the worker, and

(b) for the purposes of dealing with the proceedings, and any proceedings arising out of those proceedings, references to the worker in any enactment are to be read as including a reference to the Secretary of State.

(4) But, despite subsection (3), any power which an employment tribunal dealing with the proceedings would have to make a declaration, decision, award or other order in favour of the worker if the worker had brought the proceedings continues to be exercisable in relation to the worker (not the Secretary of State).

(5) Any appeal arising out of proceedings brought by the Secretary of State in place of a worker by virtue of this section may be brought by the worker as well as by the Secretary of State.

(6) The Secretary of State is not liable to any worker for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the Secretary of State’s functions by virtue of this section.

(7) For the purposes of this section—

(a) any reference to a right to bring proceedings under an enactment is to such a right however expressed, and includes any right to present a complaint or make any other description of claim or application;

(b) any reference to the Secretary of State includes an enforcement officer.

Power to provide legal assistance

117

(1) The Secretary of State may assist a person who is or may become party to civil proceedings in England and Wales or Scotland relating to employment or trade union law or the law of labour relations.

(2) In giving assistance under this section the Secretary of State may provide or arrange for the provision of—

(a) legal advice;

(b) legal representation;

(3) But the Secretary of State may not provide, or arrange for the provision of, facilities for the settlement of a dispute.

(4) Where proceedings relate or may relate partly to employment or trade union law or the law of labour relations (“employment-related matters”) and partly to other matters—

(a) assistance may be given under this section in respect of any aspect of the proceedings, and

(b) if the proceedings cease to relate to employment-related matters—

(i) assistance may nevertheless continue to be given under this section in respect of the proceedings, but

(ii) the fact that assistance has been given under this section in respect of the proceedings does not require such assistance to continue to be given.

(5) This section does not affect any restriction imposed in respect of representation—

(a) by virtue of an enactment, or

(b) in accordance with the practice of a court or tribunal.

(6) A legislative provision which requires insurance or an indemnity in respect of advice given in connection with a settlement agreement does not apply to advice provided by the Secretary of State under this section.

Recovery of costs of legal assistance

118

(1) Subsection (2) applies where—

(a) the Secretary of State has assisted a person under section 117 in relation to proceedings, and

(b) the person becomes entitled to some or all of the person’s costs or, in Scotland, expenses in the proceedings (whether as a result of an award or as a result of an agreement).

(2) The Secretary of State’s expenditure in giving the assistance—

(a) is to be charged on sums paid to the person by way of costs or expenses, and

(b) may be enforced as a debt due to the Secretary of State.

(3) A requirement to pay money to the Secretary of State under subsection (2) ranks, in England and Wales, after a requirement imposed by virtue of section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid).

(4) Subsection (2), in its application to Scotland, does not affect the operation of section 17(2A) of the Legal Aid (Scotland) Act 1986 (requirement in certain cases to pay to the Scottish Legal Aid Board sums recovered under awards of, or agreements as to, expenses).

(5) For the purposes of subsection (2), the Secretary of State’s expenditure is to be calculated in accordance with such provision (if any) as the Secretary of State makes for the purpose by regulations.

(6) Regulations under subsection (5) may, in particular, provide for the apportionment of expenditure incurred by the Secretary of State—

(a) partly for one purpose and partly for another, or

(b) for general purposes.

(7) Regulations under subsection (5) are subject to the negative resolution procedure.

Labour market enforcement undertakings

Power to request LME undertaking

119

(1) This section applies where the Secretary of State believes that a person has committed, or is committing, a labour market offence (see section 151).

(2) The Secretary of State may give a notice to the person—

(a) identifying the labour market offence which the Secretary of State believes has been or is being committed;

(b) giving the Secretary of State’s reasons for the belief;

(c) inviting the person to give the Secretary of State a labour market enforcement undertaking in the form attached to the notice.

(3) A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking (as to which, see section 120).

Measures in LME undertakings

120

(1) An LME undertaking may include a prohibition, restriction or requirement (each a “measure”) if, and only if—

(a) the measure falls within subsection (2) or (3) (or both), and

(b) the Secretary of State considers that the measure is just and reasonable.

(2) A measure falls within this subsection if it is for the purpose of—

(a) preventing or reducing the risk of the subject not complying with any requirement imposed by or under the relevant enactment, or

(b) bringing to the attention of persons likely to be interested in the matter—

(i) the existence of the LME undertaking,

(ii) the circumstances in which it was given, and

(iii) any action taken (or not taken) by the subject in order to comply with the undertaking.

(3) A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.

(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.

(5) The Secretary of State may not—

(a) invite a person to give an LME undertaking, or

(b) agree to the form of an undertaking,

unless the Secretary of State believes that at least one measure in the undertaking is necessary for the purpose mentioned in subsection (6).

(6) That purpose is preventing or reducing the risk of the subject—

(a) committing a further labour market offence under the relevant enactment, or

(b) continuing to commit the labour market offence.

(7) An LME undertaking must set out how each measure included for the purpose mentioned in subsection (2)(a) is expected to achieve that purpose.

(8) In this section “the relevant enactment” means the enactment under which the Secretary of State believes the labour market offence concerned has been or is being committed.

Duration of LME undertakings

121

(1) An LME undertaking has effect from—

(a) the time when it is accepted by the Secretary of State, or

(b) any later time specified in the LME undertaking for this purpose.

(2) An LME undertaking has effect for the period specified in the LME undertaking.

(3) The maximum period for which an LME undertaking may have effect is two years.

(4) The Secretary of State may release the subject from an LME undertaking.

(5) The Secretary of State must release the subject from an LME undertaking if at any time during the period for which it has effect the Secretary of State believes that no measure in it is necessary for the purpose mentioned in section 120(6).

(6) If the Secretary of State releases the subject from an LME undertaking, the Secretary of State must take whatever steps the Secretary of State considers appropriate to bring that fact to the attention of—

(a) the subject;

(b) any other persons likely to be interested in the matter.

Means of giving notice under section 119

122

(1) A notice may be given under section 119 to a person by—

(a) delivering it to the person,

(b) leaving it at the person’s proper address,

(d) subject to subsection (6), sending it to the person by electronic means.

(2) A notice to a body corporate may be given to any officer of that body.

(3) A notice to a partnership may be given to any partner.

(4) A notice to an unincorporated association (other than a partnership) may be given to any member of the governing body of the association.

(5) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person’s last known address (whether of the person’s residence or of a place where the person carries on business or is employed) and also—

(a) in the case of a body corporate or an officer of the body, the address of the body’s registered or principal office in the United Kingdom;

(b) in the case of a partnership or a partner, the address of the principal office of the partnership in the United Kingdom;

(c) in the case of an unincorporated association (other than a partnership) or a member of its governing body, the principal office of the association in the United Kingdom.

(6) A notice may be sent to a person by electronic means only if—

(a) the person has indicated that notices under section 119 may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and

(b) the notice is sent to that address in that form.

(7) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.

(8) In this section—

“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Labour market enforcement orders

Power to make LME order on application

123

(1) The appropriate court may, on an application by the Secretary of State under section 124, make a labour market enforcement order in relation to a person if the court—

(a) is satisfied, on the balance of probabilities, that the person has committed, or is committing, a labour market offence, and

(b) considers that it is just and reasonable to make the order.

(2) A labour market enforcement order (an “LME order”) is an order which—

(a) prohibits or restricts the person in relation to whom it is made (the “respondent”) from doing anything set out in the order;

(b) requires the respondent to do anything set out in the order.

(See also section 126.)

(3) An application for an LME order under this section is—

(a) in England and Wales, to be made by complaint;

(b) in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4) In this section “the appropriate court”—

(a) in a case where the conduct constituting the labour market offence took place, or is taking place, primarily in England and Wales, means a magistrates’ court;

(b) in a case where that conduct took place, or is taking place, primarily in Scotland, means the sheriff or a summary sheriff;

(c) in a case where that conduct took place, or is taking place, primarily in Northern Ireland, means a court of summary jurisdiction.

Applications for LME orders

124

(1) The Secretary of State may apply for an LME order to be made under section 123 in relation to a person (the “proposed respondent”) if—

(a) the Secretary of State has given the proposed respondent a notice under section 119, and

(b) the proposed respondent—

(i) refuses to give an LME undertaking, or

(ii) otherwise fails, before the end of the negotiation period, to give an LME undertaking in the form attached to the notice or in such other form as may be agreed with the Secretary of State.

(2) The Secretary of State may also apply for an LME order if the proposed respondent—

(a) has given an LME undertaking to the Secretary of State, and

(b) has failed to comply with the undertaking.

(3) In subsection (1) “the negotiation period” means—

(a) the period of 14 days beginning with the day after the day on which the notice mentioned in paragraph (a) of that subsection was given, or

(b) a longer period agreed between the Secretary of State and the proposed respondent.

Power to make LME order on conviction

125

(1) This section applies where a court deals with a person in respect of a conviction for a labour market offence.

(2) The court may make an LME order in relation to the person if the court considers it is just and reasonable to do so.

(3) An LME order must not be made under this section except—

(a) in addition to a sentence imposed in respect of the offence concerned, or

(b) in addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.

Measures in LME orders

126

(1) An LME order may include a prohibition, restriction or requirement (each a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or both).

(2) A measure falls within this subsection if it is for the purpose of—

(a) preventing or reducing the risk of the respondent not complying with any requirement imposed by or under the relevant enactment, or

(b) bringing to the attention of persons likely to be interested in the matter—

(i) the existence of the LME order,

(ii) the circumstances in which it was made, and

(iii) any action taken (or not taken) by the respondent in order to comply with the order.

(3) A measure falls within this subsection if it is specified, or is of a description specified, in regulations made by the Secretary of State.

(4) Regulations under subsection (3) are subject to the affirmative resolution procedure.

(5) Where an LME order includes a measure for the purpose mentioned in subsection (2)(a), the order must set out how the measure is expected to achieve that purpose.

(6) In this section “the relevant enactment” means the enactment under which the labour market offence concerned has been or is being committed.

Application of this Part to partnerships

127

(1) An LME order has effect for the period specified in the LME order.

(2) The maximum period for which an LME order may have effect is two years.

(3) An LME order may not be made against an individual who is under the age of 18.

(4) If a court makes an LME order, the court may also—

(a) release the respondent from any LME undertaking given in relation to the labour market offence concerned;

(b) discharge any other LME order which is in force against the respondent and which was made by—

(i) that court, or

(ii) any other court in the same part of the United Kingdom as that court.

Variation and discharge of LME orders

128

(1) On an application under this section, the appropriate court may by order vary or discharge an LME order.

(2) An application for the variation or discharge of an LME order may be made by—

(a) the respondent, or

(b) the Secretary of State.

(3) An application for an order under this section is—

(a) in England and Wales, to be made by complaint;

(b) in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4) In this section “the appropriate court”—

(a) in the case of an LME order made in England and Wales (whether made under section 123 or 125), means a magistrates’ court;

(b) in the case of an LME order made in Scotland, means the sheriff or a summary sheriff;

LME orders: appeals

129

(1) A respondent may appeal against—

(a) the making of an LME order under section 123;

(b) the making of, or refusal to make, an order under section 128.

(2) An appeal under subsection (1) is to be made—

(a) where the order was made or refused by a magistrates’ court in England and Wales, to the Crown Court;

(b) where the order was made or refused by the sheriff or a summary sheriff, to the Sheriff Appeal Court;

(3) On an appeal under subsection (1), the court hearing the appeal—

(a) may make such orders as may be necessary to give effect to its determination of the appeal, and

(b) may also make any incidental or consequential orders that appear to it to be just and reasonable.

(4) An LME order that has been varied by virtue of subsection (3) remains an order of the court that first made it for the purposes of section 128.

(5) A respondent may appeal against the making of an LME order under section 125 as if the order were a sentence passed on the respondent for the labour market offence.

Safeguards etc

Evidence of authority

130

(1) This section applies where a person is proposing to exercise—

(a) any enforcement function of the Secretary of State;

(b) any power of an enforcement officer, other than a power by virtue of section 116 (power to bring proceedings in employment tribunal).

(2) The person must, if required to do so, produce identification showing that the person is authorised to exercise that function.

Warrants

131

(1) A warrant under section 98 or 102 may be executed by any enforcement officer.

(2) A warrant under section 98 or 102 may authorise persons to accompany any enforcement officer who is executing it.

(3) A person authorised under subsection (2) to accompany an enforcement officer may exercise any power conferred by this Part which the officer may exercise as a result of the warrant.

(4) But the person may exercise such a power only in the company of, and under the supervision of, an enforcement officer.

(5) Schedule 8 contains further provision about—

(a) applications for warrants under section 98 or 102, and

(b) warrants issued under section 98 or 102.

(6) The entry of premises under a warrant issued under section 98 or 102 is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of warrants).

Items subject to legal privilege

132

(1) Nothing in this Part requires a person to produce any document, or provide any information, which the person would be entitled to refuse to produce or provide—

(a) in proceedings in the High Court on the grounds of legal professional privilege, or

(b) in proceedings in the Court of Session on the grounds of confidentiality of communications.

(2) In subsection (1) “communications” means—

(a) communications between a professional legal adviser and the adviser’s client, or

(b) communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

Privilege against self-incrimination

133

(1) This section applies where a person provides information in response to a requirement under section 96.

(2) In any criminal proceedings against the person—

(a) no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b) no question relating to the information may be asked by or on behalf of the prosecution.

(3) Subsection (2) does not apply if, in the proceedings—

(a) evidence relating to the information is adduced by or on behalf of the person providing it, or

(b) a question relating to the information is asked by or on behalf of that person.

(4) Subsection (2) does not apply if the proceedings are for—

(a) an offence under section 140 (providing false information or documents);

(b) an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath);

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations);

(d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).

Information relating to the intelligence services, etc

134

(1) A power conferred by section 96 or 97 may not be exercised in relation to a person serving in an intelligence service unless the Secretary of State certifies that the condition in subsection (3) is met in relation to the power.

(2) A power of entry conferred by this Part may not be exercised in relation to any premises (or any part of premises) used for the purposes of an intelligence service unless the Secretary of State certifies that the condition in subsection (3) is met in relation to the power.

(3) The condition in this subsection is met in relation to a power if the Secretary of State is satisfied that the exercise of the power will not be contrary to the public interest or prejudicial to—

(a) national security,

(b) the prevention or detection of serious crime, or

(4) A certificate issued under this section in relation to a power may impose conditions on the exercise of the power.

(5) Except as provided for by subsection (1), nothing in this Part requires any person to—

(a) produce any document containing intelligence service information, or

(b) provide any information that is intelligence service information.

(6) For the purposes of this section—

(a) “crime” means conduct which—

(i) constitutes a criminal offence, or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence;

(b) crime is “serious” if—

(i) the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for three years or more, or

(ii) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose;

(c) “intelligence service information” means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.

Disclosure of information

135

(1) In this section—

“civil proceedings function” means a function under or by virtue of section 116 or 117 (powers in relation to civil proceedings);

“enforcement function” means— an enforcement function of the Secretary of State, or a power of an enforcement officer (other than a power by virtue of section 116);

“enforcing authority” means the Secretary of State or an enforcement officer.

(2) A person may disclose information to an enforcing authority if the disclosure is made for the purposes of the exercise of an enforcement function or a civil proceedings function.

(3) Information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function—

(a) may be used by an enforcing authority in connection with the exercise of an enforcement function or civil proceedings function;

(b) may be used by the Secretary of State in connection with a function of the Secretary of State under this Part.

(4) The Secretary of State may disclose to a person any information obtained by an enforcing authority in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for a purpose connected with an enforcement function or civil proceedings function or a function of the Secretary of State under this Part.

(5) The Secretary of State may disclose to a person specified in Schedule 9 information obtained in connection with the exercise of an enforcement function or a civil proceedings function if the disclosure is made for the purposes of the exercise of a function of the person.

(6) The Secretary of State may by regulations amend Schedule 9.

(7) Regulations under subsection (6) are subject to the affirmative resolution procedure.

(8) Sections 136 to 138 contain further provision about disclosure of information under this section.

Disclosure of information: supplementary provision

136

(1) A disclosure of information which is authorised by section 135 does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(2) But nothing in section 135 authorises either of the following—

(a) the making of a disclosure which would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by that section is to be taken into account);

(b) the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(3) In subsection (2) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(4) Section 135 does not limit the circumstances in which information may be disclosed apart from that section.

Restriction on disclosure of HMRC information

137

(1) HMRC information may not be disclosed by an enforcing authority without authorisation from the Commissioners for His Majesty’s Revenue and Customs (“the Commissioners”).

(2) If an enforcing authority has disclosed HMRC information to a person, that person may not further disclose that information without authorisation from the Commissioners.

(3) Subsections (1) and (2) do not apply to national minimum wage information.

(4) If a person contravenes subsection (1) or (2) by disclosing revenue and customs information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

(5) In this section—

“enforcing authority” has the same meaning as in section 135;

“HMRC information” means information disclosed to an enforcing authority under section 135 by the Commissioners or a person acting on behalf of the Commissioners;

“national minimum wage information” means information obtained by an enforcing authority for the purposes of enforcing any provision of the National Minimum Wage Act 1998;

“revenue and customs information relating to a person” has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005.

Restriction on disclosure of intelligence service information

138

(1) Section 135(2) does not authorise a person to disclose information to an enforcing authority where—

(a) the person is serving in an intelligence service, or

(b) the information is intelligence service information.

But this does not affect the disclosures which a person serving in an intelligence service may make in accordance with intelligence service disclosure arrangements (see subsection (4)).

(2) Intelligence service information may not be disclosed by an enforcing authority without authorisation from the appropriate service chief.

(3) If an enforcing authority has disclosed intelligence service information to a person, that person may not further disclose that information without authorisation from the appropriate service chief.

(4) In this section—

“appropriate service chief” means— the Director-General of the Security Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf; the Chief of the Secret Intelligence Service, in the case of information obtained from, or relating to, that Service or a person acting on its behalf; the Director of GCHQ, in the case of information obtained from, or relating to, GCHQ or a person acting on its behalf;

“enforcing authority” has the same meaning as in section 135;

“intelligence service disclosure arrangements” means— arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service; arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service; arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ;

“intelligence service information” means information obtained directly or indirectly from, or that relates to, an intelligence service or a person acting on behalf of an intelligence service.

Offences

Offence of failing to comply with LME order

139

(1) A person in relation to whom an LME order is made commits an offence if the person, without reasonable excuse, fails to comply with the order.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

Offence of providing false information or documents

140

(1) A person commits an offence if—

(a) the person produces, or knowingly causes or allows to be produced, any information or document in response to a requirement reasonably made by a person in the exercise of a power conferred by this Part,

(b) the information or document is false in a material respect, and

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine, or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale, or both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

(3) In subsection (2)(a) “the maximum term for summary offences” means—

(a) in the case of an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) in the case of an offence committed after that time, 51 weeks.

Providing false information or documents: national security etc defence

141

(1) A person in relation to whom a certificate is issued by the Secretary of State for the purposes of this section is not liable for the commission of an offence under section 140 (offence of providing false information or documents).

(2) The Secretary of State may issue a certificate in relation to a person for the purposes of this section only if satisfied that it is necessary for the person to engage in conduct amounting to such an offence—

(a) in the interests of national security,

(b) for the purposes of preventing or detecting serious crime, or

(3) A certificate under this section may be revoked by the Secretary of State at any time.

(4) For the purposes of subsection (2)(b)—

(a) “crime” means conduct which—

(i) constitutes a criminal offence, or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence, and

(b) crime is “serious” if—

(i) the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for three years or more, or

(ii) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

Offence of obstruction

142

(1) A person commits an offence if the person—

(a) intentionally obstructs a person who is acting in the exercise of an enforcement function, or

(b) without reasonable excuse, fails to comply with any requirement imposed by a person who is acting in the exercise of an enforcement function.

(2) In subsection (1) “enforcement function” means—

(a) an enforcement function of the Secretary of State, or

(b) a power of an enforcement officer, other than a power by virtue of section 116 (power to bring proceedings in employment tribunal).

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine, or both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale, or both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

(4) In subsection (3)(a) “the maximum term for summary offences” means—

(a) in the case of an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) in the case of an offence committed after that time, 51 weeks.

(5) Nothing in this section requires a person to answer any question or give any information if to do so might incriminate that person.

Recovery of enforcement costs

Power to recover costs of enforcement

143

(1) The Secretary of State may by regulations make provision requiring a relevant person, or a relevant person of a specified description, to pay a charge as a means of recovering any enforcement costs incurred in relation to the person.

(2) For the purposes of this section—

“enforcement costs”, in relation to a relevant person, means any costs incurred in connection with the exercise of an enforcement function of the Secretary of State in relation to the person;

“relevant person” means a person who has failed to comply with any relevant labour market legislation;

“specified” means specified in the regulations.

(3) Regulations under this section may—

(a) provide that the amount of a charge is—

(i) a fixed amount, or

(ii) an amount calculated by reference to an hourly rate;

(b) provide for the amount of the charge to be determined by the Secretary of State in accordance with the regulations.

(4) The regulations may in particular—

(a) provide that the amount of a charge is to be determined by the Secretary of State in accordance with a scheme made and published by the Secretary of State, and

(b) make provision about such schemes, including the principles governing such schemes.

(5) The provision that may be made by regulations under this section includes, among other things—

(a) provision for charges to be payable only in specified circumstances;

(b) provision about reductions, exemptions and waivers;

(d) provision about the collection or recovery of payments;

(e) provision for the charging of interest on unpaid charges;

(f) provision about the resolution of disputes relating to the payment of charges, including provision for the making of appeals to a court or tribunal.

(6) Regulations under this section are subject to the negative resolution procedure.

Supplementary

Offences by bodies corporate

144

(1) If an offence under this Part committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In subsection (1) “officer”, in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body;

(b) a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Application of this Part to partnerships

145

(1) If an offence under this Part committed by a partner (“P”) of a partnership which is not regarded as a legal person is shown—

(a) to have been committed with the consent or connivance of another partner, or

(b) to be attributable to any neglect on the part of another partner,

that other partner, as well as P, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Proceedings for an offence under this Part alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.

(3) For the purposes of such proceedings—

(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate, and

(b) the following provisions apply as they apply in relation to a body corporate—

(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;

(ii) sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;

(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4) A fine imposed on a partnership on its conviction of an offence under this Part is to be paid out of the funds of the partnership.

(5) If an offence under this Part committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In subsections (1) and (5) “partner” includes a person purporting to act as a partner.

(7) For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.

Application of this Part to unincorporated associations

146

(1) In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of this Part.

(2) A case falls within this subsection if it relates to a labour market offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.

(3) Proceedings for an offence under this Part alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.

(4) For the purposes of such proceedings—

(a) rules of court relating to the service of documents have effect as if the association were a body corporate, and

(b) the following provisions apply as they apply in relation to a body corporate—

(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;

(ii) sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;

(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5) A fine imposed on the association on its conviction of an offence under this Part is to be paid out of the funds of the association.

(6) If an offence under this Part committed by an unincorporated association is proved—

(a) to have been committed with the consent or connivance of an officer of the association, or

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6) “officer”, in relation to any association, means—

(a) an officer of the association or a member of its governing body;

(b) a person purporting to act in such a capacity.

Application of this Part to the Crown and Parliament

147

(1) Subject to the provisions of section 134 and this section, this Part is binding on the Crown and applies in relation to any Crown premises as it applies in relation to any other premises.

(2) In this section “Crown premises” means premises held, or used, by or on behalf of the Crown.

(3) No contravention by the Crown of any provision made by this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(4) Despite subsection (3), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.

(5) If the Secretary of State certifies that it appears appropriate in the interests of national security that powers of entry conferred by this Part should not be exercisable in relation to Crown premises specified in the certificate, those powers are not exercisable in relation to those premises.

(6) No power of entry conferred by this Part may be exercised in relation to—

(a) land belonging to His Majesty in right of His private estates, or

(b) premises occupied for the purposes of either House of Parliament.

(7) In subsection (6)(a), the reference to His Majesty’s private estates is to be read in accordance with section 1 of the Crown Private Estates Act 1862.

Abolition of existing enforcement authorities

148

(1) The following are abolished—

(a) the Gangmasters and Labour Abuse Authority;

(b) the Director of Labour Market Enforcement.

(2) Accordingly—

(a) in the Gangmasters (Licensing) Act 2004, omit section 1 (the Gangmasters and Labour Abuse Authority);

(b) in Part 1 of the Immigration Act 2016 (labour market and illegal working), omit section 1 (Director of Labour Market Enforcement).

Consequential and transitional provision

149

(1) Schedule 10 contains consequential amendments relating to this Part.

(2) Part 1 of Schedule 11 contains provision for the making of schemes for the transfer of staff, property, rights and liabilities from the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement to the Secretary of State.

(3) Part 2 of that Schedule contains other transitional and saving provision for the purposes of this Part.

Interpretation of this Part

Meaning of “non-compliance with relevant labour market legislation”

150

(1) For the purposes of this Part, each of the following constitutes “non-compliance with relevant labour market legislation”—

(a) failure to comply with any requirement, restriction or prohibition imposed by or under a provision of relevant labour market legislation;

(b) breach of a condition of a licence granted under section 7 of the Gangmasters (Licensing) Act 2004;

(2) For the purposes of this Part, any requirement to pay a relevant sum within the meaning of Part 2A of the Employment Tribunals Act 1996 is to be treated as a requirement imposed by or under that Part; and a reference to enforcing that Part is to be read accordingly.

Interpretation: general

151

(1) In this Part—

“the Advisory Board” means the Advisory Board established under section 93;

“ancillary offence”, in relation to an offence under any provision of relevant labour market legislation, means—an offence of attempting or conspiring to commit such an offence;an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence;an offence of inciting a person to commit such an offence;an offence of aiding, abetting, counselling or procuring the commission of such an offence;

“business” includes—a trade or profession, andany activity carried on by a body of persons (whether corporate or unincorporated);

“employee” means an individual who is an employee within the meaning of section 230(1) of the Employment Rights Act 1996 or Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

“employer” has the meaning given by subsection (2);

“employers’ association” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 122 of that Act);

“enactment” means an enactment whenever passed or made, and includes—an enactment contained in subordinate legislation,an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru,an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, andan enactment contained in, or in an instrument made under, Northern Ireland legislation;

“enforcement function”, in relation to the Secretary of State, has the meaning given by section 91;

“enforcement officer” has the meaning given by section 90(3);

“GCHQ” has the same meaning as in the Intelligence Services Act 1994;

“intelligence service” means—the Security Service;the Secret Intelligence Service;GCHQ;

“labour market offence” means—an offence under any provision of relevant labour market legislation, oran ancillary offence relating to such an offence;

“the liable party”, in relation to a notice of underpayment, has the meaning given by section 103(1);

“LME order” has the meaning given by section 123(2);

“LME undertaking” has the meaning given by section 119(3);

“non-compliance with relevant labour market legislation” has the meaning given by section 150; and any reference to a failure to comply with relevant labour market legislation is to be read accordingly;

“notice of underpayment” has the meaning given by section 103(2);

“premises” has the meaning given by subsection (3);

“the relevant day”, in relation to a notice of underpayment, has the meaning given by section 103(1);

“relevant labour market legislation” means the labour market legislation listed in Part 1 of Schedule 7;

“respondent”, in relation to an LME order, has the meaning given by section 123(2);

“statutory pay provision” has the meaning given by section 103(7);

“subject”, in relation to an LME undertaking, has the meaning given by section 119(3);

“subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978;

“trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 1 of that Act);

“underpaid individual”, in relation to a notice of underpayment, has the meaning given by section 103(1);

“worker” (except in section 102) has the meaning given by subsection (5).

(2) In this Part “employer” means any of the following—

(a) an employer within the meaning of section 230(4) of the Employment Rights Act 1996 or Article 3(4) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

(b) a person who is an employer for the purposes of Part 4A of the Employment Rights Act 1996 in relation to a worker mentioned in section 43K(2) of that Act;

(c) a person who is an employer for the purposes of Part 5A of the Employment Rights (Northern Ireland) Order 1996 in relation to a worker mentioned in Article 67K(2) of that Order;

(d) a person who is the principal for the purposes of section 47A or 63A of the Employment Rights Act 1996 or Article 70A or 91A of the Employment Rights (Northern Ireland) Order 1996 (right to time off for young person for study or training);

(e) a person who is—

(i) an employer for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act,

(ii) an employer in relation to a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or

(iii) an employer in relation to a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996;

(f) in relation to an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996—

(i) a person who is the hirer within the meaning of any Part of Schedule A1 to that Act (agency workers: guaranteed hours and rights relating to shifts);

(ii) a work-finding agency within the meaning of Schedule A1 to that Act (see section 27BV(4) of that Act);

(iii) a relevant person within the meaning of section 47I of that Act (agency workers and Schedule A1 rights);

(g) in relation to an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350)—

(i) the hirer within the meaning of the relevant Regulations;

(ii) (where the worker is not actually employed by the temporary work agency) the temporary work agency within the meaning of the relevant Regulations;

(h) in relation to an individual seeking to be employed by a person as a worker, that person.

(3) In this Part “premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any tent or movable structure;

(d) any renewable energy installation.

(4) In subsection (3)—

“offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971;

“renewable energy installation” has the meaning given by section 104 of the Energy Act 2004.

(5) In this Part “worker” means any of the following—

(a) a worker within the meaning of section 230(3) of the Employment Rights Act 1996 or Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16));

(b) an individual who is not a worker as defined by section 230(3) of the Employment Rights Act 1996 but who is a worker for the purposes of Part 4A of that Act (see section 43K(1) of that Act);

(c) an individual who is not a worker as defined by Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 but who is a worker for the purposes of Part 5A of that Order (see Article 67K(1) of that Order);

(d) an individual who—

(i) is a worker for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act,

(ii) works under a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or

(iii) works under a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996;

(e) an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996;

(f) an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350);

(g) an individual seeking to be employed by a person as a worker.

Part 6 — Miscellaneous and general

Tribunals

Increase in time limits for making claims

152

Schedule 12 makes amendments for the purpose of increasing time limits for making claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) from three months to six months.

Regulations etc under Employment Rights Act 1996

Orders and regulations under Employment Rights Act 1996: procedure

153

In section 236 of the Employment Rights Act 1996 (orders and regulations), after subsection (4) insert—

(4A) A statutory instrument containing an order or regulations under this Act to which subsection (3) applies may include an order or regulations under this Act to which subsection (3) would not otherwise apply. (4B) In such a case, the statutory instrument is to be proceeded with as if all of the orders and regulations contained in it were orders or regulations to which subsection (3) applies.

Final provisions

Power to make consequential amendments

154

(1) The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.

(2) The power to make regulations under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before, or in the same session of Parliament as, this Act.

(3) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;

(d) Northern Ireland legislation.

(4) Regulations under this section that amend or repeal any primary legislation are subject to the affirmative resolution procedure.

(5) Any other regulations under this section are subject to the negative resolution procedure.

Power to make transitional or saving provision

155

(1) The Secretary of State may by regulations make such transitional or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

(2) Regulations under this section may (among other things)—

(a) make provision in addition to, or different from, that made by this Act;

(b) make any adaptations of any provisions of this Act brought into force that appear to be appropriate in consequence of other provisions of this Act not yet having come into force.

Regulations

156

(1) Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(2) For provision about the making of regulations under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (which provides for such regulations to be made by Scottish statutory instrument).

(3) Regulations under this Act may—

(a) make different provision for different purposes or different areas;

(b) contain supplementary, incidental, consequential, transitional or saving provision.

(4) Subsection (3) does not apply to regulations under section 159 (see instead subsection (4) of that section).

(5) Where regulations under this Act are subject to the “negative resolution procedure”—

(a) in the case of regulations of the Secretary of State, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) in the case of regulations of the Welsh Ministers, the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c) in the case of regulations of the Scottish Ministers, the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(6) Where regulations under this Act are subject to the “affirmative resolution procedure”—

(a) in the case of regulations of the Secretary of State, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament;

(b) in the case of regulations of the Welsh Ministers, the regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;

(c) in the case of regulations of the Scottish Ministers, the regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(7) Any provision that may be included by a person in an instrument under this Act subject to the negative resolution procedure may be made by the person by regulations subject to the affirmative resolution procedure.

Financial provision

157

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a person holding office under His Majesty or by a government department, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Short title

158

(1) Except as set out below—

(a) Parts 1, 2 and 4 of this Act extend to England and Wales and Scotland;

(b) in Part 3—

(i) Chapter 1 extends to England and Wales;

(ii) Chapter 2 extends to England and Wales and Scotland;

(iii) Chapter 3 extends to England and Wales, Scotland and Northern Ireland;

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