LegalizeThe Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024
Made: 7th February 2024
Coming into force: 9th May 2024
In accordance with section 116B(9) of the Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.
Citation, commencement, extent and interpretation
1
- (1) These Regulations may be cited as the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024.
- (2) These Regulations come into force on 9th May 2024.
- (3) These Regulations extend to England and Wales and Scotland.
- (4) In these Regulations “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.
Persons deemed to be public authorities
2
Any body or other person which—
- (a) is listed, or of a description listed, in the Schedule, and
- (b) is not a public authority,
is to be treated as a public authority for the purposes of section 116B of the 1992 Act.
Crown employees: entity to be treated as an employer
3
For the purposes of section 116B of the 1992 Act, a public authority that is an emanation of the Crown is to be treated as the employer of a person who is employed by the Crown under or for the purposes of that authority.
Relevant public sector employers
4
The following are specified as relevant public sector employers for the purposes of section 116B of the 1992 Act—
- (a) any department of the Government of the United Kingdom, other than the Secret Intelligence Service, the Security Service and the Government Communications Headquarters;
- (b) the Scottish Ministers;
- (c) any public authority specified, or of a description specified, in the Schedule;
- (d) any body or other person which is to be treated as a public authority for the purposes of section 116B of the 1992 Act in accordance with regulation 2.
Consequential modification of contracts of employment and collective agreements
5
- (1) A relevant document is to be treated, on and after 9th May 2024, as if it prohibited any deduction from workers’ wages in respect of trade union subscriptions otherwise than in accordance with section 116B(1) of the 1992 Act (restrictions on deductions of union subscriptions from wages in the public sector).
- (2) Nothing in this regulation affects—
- (a) any right or obligation arising in connection with anything done, or any omission made, before 9th May 2024, or
- (b) the enforcement of any such right or obligation.
- (3) In this regulation “relevant document” means a contract of employment or a collective agreement which, immediately before 9th May 2024, contained a provision permitting or requiring a specified public sector employer to make deductions from its workers’ wages in respect of trade union subscriptions.
- (4) For the purposes of paragraph (3) “specified public sector employer” means any person or other body specified in regulation 4.
SCHEDULE — Relevant public sector employers
PART 1 — Local Government
1
A county council or district council in England.
2
The Greater London Authority[^f00002].
3
A London borough council.
4
The Common Council of the City of London.
5
The Council of the Isles of Scilly.
6
A parish council in England.
7
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009[^f00003].
8
A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
9
A council constituted by section 2 of the Local Government etc. (Scotland) Act 1994[^f00004].
10
A joint board, within the meaning of section 235(1) of the Local Government (Scotland) Act 1973[^f00005].
11
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004[^f00006], or a scheme to which section 4 of that Act applies, for an area in England.
12
A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004[^f00007].
13
A joint fire authority established under Part 4 of the Local Government Act 1985[^f00008].
14
A body corporate established by an order under section 67 of the Local Government Act 1985.
15
The London Fire Commissioner[^f00009].
16
The Scottish Fire and Rescue Service[^f00010].
17
An internal drainage board, which is continued in being by virtue of section 1 of the Land Drainage Act 1991[^f00011], for an area in England.
18
Transport for London[^f00012].
19
The London Transport Users’ Committee[^f00013].
20
- (1) A Passenger Transport Executive for—
- (a) an area in England which is an integrated transport area for the purposes of Part 2 of the Transport Act 1968[^f00014], or
- (b) a passenger transport area for the purposes of that Part of that Act.
- (2) In this paragraph “Passenger Transport Executive”, in relation to an integrated transport area in England or a passenger transport area, means the body which is the Executive in relation to that area for the purposes of Part 2 of the Transport Act 1968.
21
The Passengers’ Council[^f00015].
22
A Transport Partnership created under section 1 of the Transport (Scotland) Act 2005[^f00016].
23
A sub-national transport body established under section 102E of the Local Transport Act 2008[^f00017].
24
A National Park authority established by an order under section 63 of the Environment Act 1995[^f00018] for an area in England.
25
A National Park authority established by virtue of section 7(1)(b) of the National Parks (Scotland) Act 2000[^f00019].
26
The Broads Authority[^f00020].
27
A conservation board established under section 86 of the Countryside and Rights of Way Act 2000[^f00021] in respect of an area of outstanding natural beauty in England.
PART 2 — The National Health Service
28
NHS England[^f00022].
29
An integrated care board established under section 14Z25 of the National Health Service Act 2006[^f00023].
30
An NHS trust established under section 25 of the National Health Service Act 2006[^f00024].
31
A Special Health Authority established under section 28 of the National Health Service Act 2006.
32
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
33
A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978[^f00025].
34
A Special Health Board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978.
35
The Common Services Agency for the Scottish Health Service[^f00026].
36
Healthcare Improvement Scotland[^f00027].
PART 3 — Maintained Schools and Other Educational Institutions
37
The governing body of—
- (a) a foundation school in England,
- (b) a voluntary aided school in England, or
- (c) a foundation special school in England.
38
The proprietor (within the meaning given in section 579(1) of the Education Act 1996[^f00028]) of—
- (a) an Academy school (within the meaning given in section 1A of the Academies Act 2010[^f00029]);
- (b) a 16 to 19 Academy (within the meaning given in section 1B of that Act);
- (c) an alternative provision Academy (within the meaning given in section 1C of that Act).
39
- (1) The governing body of an institution within the further education sector in England.
- (2) In this paragraph—
- (a) “governing body” is to be interpreted in accordance with subsection (1) of section 90 of the Further and Higher Education Act 1992 but without regard to subsection (2) of that section[^f00030];
- (b) the reference to an institution within the further education sector is to be construed in accordance with section 91(3) of that Act.
40
- (1) The governing body of—
- (a) 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[^f00031] (a “relevant provider”), or
- (b) any college, school, hall or other institution of a relevant provider.
- (2) In this paragraph—
- (a) “governing body” is to be interpreted in accordance with subsection (1) of section 90 of the Further and Higher Education Act 1992 but without regard to subsection (2) of that section;
- (b) “registered higher education provider” has the meaning given by section 3(10) of the Higher Education and Research Act 2017;
- (c) “college” includes any institution in the nature of a college.
41
- (1) The manager of a central institution.
- (2) In this paragraph “central institution” and “manager” have the meanings given in section 135 of the Education (Scotland) Act 1980[^f00032].
42
- (1) The governing body of an institution in receipt of funding from the Scottish Further and Higher Education Funding Council[^f00033] or a regional strategic body.
- (2) In this paragraph—
- “governing body” has the meaning given by section 35(2) of the Further and Higher Education (Scotland) Act 2005[^f00034];
- “regional strategic body” has the meaning given by section 7B(1)(a) of that Act[^f00035].
PART 4 — Police
43
A police and crime commissioner[^f00036].
44
A chief officer of a police force in England and Wales.
45
The British Transport Police Authority[^f00037].
46
The Civil Nuclear Police Authority[^f00038].
47
The Scottish Police Authority[^f00039].
PART 5 — Other public bodies and offices
48
The Accountant in Bankruptcy[^f00040].
49
The Advanced Research and Invention Agency[^f00041].
50
The Advisory, Conciliation and Arbitration Service[^f00042].
51
The Arts Council of England[^f00043].
52
AWE plc[^f00044].
53
The Big Lottery Fund[^f00045].
54
The Birmingham Children’s Trust Community Interest Company[^f00046].
55
The Board of Governors of the Museum of London[^f00047].
56
The Board of Trustees of the Armouries[^f00048].
57
The Board of Trustees of the National Gallery[^f00049].
58
The Board of Trustees for the National Galleries of Scotland[^f00050].
59
The Board of Trustees of the National Museums and Galleries on Merseyside[^f00051].
60
The Board of Trustees of the National Museums of Scotland[^f00052].
61
The Board of Trustees of the National Portrait Gallery[^f00053].
62
The Board of Trustees of the Royal Botanic Garden, Edinburgh[^f00054].
63
The Board of Trustees of the Royal Botanic Gardens, Kew[^f00055].
64
The Board of Trustees of the Science Museum[^f00056].
65
The Board of Trustees of the Tate Gallery[^f00057].
66
The Board of Trustees of the Victoria and Albert Museum[^f00058].
67
The Board of Trustees of the Wallace Collection[^f00059].
68
Bradford Children and Families Trust Limited[^f00060].
69
Brighter Futures for Children Limited[^f00061].
70
The Britain-Russia Centre and the British East-West Centre[^f00062].
71
The British Broadcasting Corporation[^f00063].
72
The British Council[^f00064].
73
The British Library Board[^f00065].
74
The British Tourist Authority[^f00066].
75
The Children and Family Court Advisory and Support Service (CAFCASS)[^f00067].
76
The Care Quality Commission[^f00068].
77
The Children’s Commissioner[^f00069].
78
Children’s Hearings Scotland[^f00070].
79
The Civil Service Commission[^f00071].
80
The Coal Authority[^f00072].
81
College of Policing Limited[^f00073].
82
The Commission for Equality and Human Rights[^f00074].
83
The Commission for Local Administration in England[^f00075].
84
The Commissioner for Children and Young People in Scotland[^f00076].
85
The Commissioner for Ethical Standards in Public Life in Scotland[^f00077].
86
The Commissioner for Public Appointments[^f00078].
87
The Commissioner for Victims and Witnesses[^f00079].
88
The Committee on Climate Change[^f00080].
89
The Commonwealth Scholarship Commission in the United Kingdom[^f00081].
90
The Competition Service[^f00082].
91
Creative Scotland[^f00083].
92
The Criminal Cases Review Commission[^f00084].
93
The Crofting Commission[^f00085].
94
The Disclosure and Barring Service[^f00086].
95
East West Railway Company Limited[^f00087].
96
Ebbsfleet Development Corporation[^f00088].
97
The Engineering Construction Industry Training Board[^f00089].
98
The English Sports Council[^f00090].
99
The Environment Agency[^f00091].
100
Food Standards Scotland[^f00092].
101
The Gaelic Media Service[^f00093].
102
Gangmasters and Labour Abuse Authority[^f00094].
103
The Geffrye Museum Trust[^f00095].
104
The Great Britain-China Centre[^f00096].
105
The Health and Safety Executive[^f00097].
106
Healthcare Improvement Scotland[^f00098].
107
The Health Research Authority[^f00099].
108
His Majesty’s Chief Inspector of Prisons for England and Wales[^f00100].
109
His Majesty’s Chief Inspector of Prisons for Scotland[^f00101].
110
His Majesty’s Inspectorate of Probation for England and Wales[^f00102].
111
High Speed Two (HS2) Limited[^f00103].
112
Highlands and Islands Enterprise[^f00104].
113
The Historic Buildings and Monuments Commission for England[^f00105].
114
Historic Environment Scotland[^f00106].
115
The Homes and Communities Agency[^f00107].
116
The Horniman Public Museum and Public Park Trust[^f00108].
117
The Human Fertilisation and Embryology Authority[^f00109].
118
The Human Tissue Authority[^f00110].
119
The Independent Office for Police Conduct[^f00111].
120
The Information Commissioner[^f00112].
121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122
The Immigration Services Commissioner[^f00114].
123
The Joint Nature Conservation Committee[^f00115].
124
The Judicial Appointments and Conduct Ombudsman[^f00116].
125
The Judicial Appointments Commission[^f00117].
126
Located Property Limited[^f00118].
127
The Marine Management Organisation[^f00119].
128
The Marshall Aid Commemoration Commission[^f00120].
129
Mental Welfare Commission for Scotland[^f00121].
130
The National Army Museum[^f00122].
131
The National Citizen Service Trust[^f00123].
132
The National Forest Company[^f00124].
133
National Highways Limited[^f00125].
134
The National Institute for Health and Care Excellence[^f00126].
135
The National Library of Scotland[^f00127].
136
The National Museum of the Royal Navy[^f00128].
137
The National Non-Food Crops Centre Limited[^f00129].
138
National Records of Scotland[^f00130].
139
Natural England[^f00131].
140
Network Rail Limited[^f00132].
141
NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG)[^f00133].
142
NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)[^f00134].
143
NHS Shared Business Services Limited[^f00135].
144
The National Health Service Litigation Authority (known as “NHS Resolution”)[^f00136].
145
Northamptonshire Children’s Trust Limited.[^f00137]
146
The Nuclear Decommissioning Authority[^f00138].
147
The Office for Budget Responsibility[^f00139].
148
The Office for Students[^f00140].
149
The Office of the Scottish Charity Regulator[^f00141].
150
The Oil and Pipelines Agency[^f00142].
151
The Parole Board for England and Wales[^f00143].
152
The Parole Board for Scotland[^f00144].
153
The Police Investigations and Review Commissioner[^f00145].
154
The Registrar of Independent Schools in Scotland[^f00146].
155
Registers of Scotland.
156
Revenue Scotland[^f00147].
157
The Risk Management Authority[^f00148].
158
Royal Air Force Museum[^f00149].
159
Royal Museums Greenwich Foundation[^f00150].
160
Salix Finance Ltd[^f00151].
161
Sandwell Children’s Trust[^f00152].
162
The Scottish Ambulance Service Board[^f00153].
163
The Scottish Children’s Reporter Administration[^f00154].
164
The Scottish Commission for Human Rights[^f00155].
165
The Scottish Courts and Tribunal Service[^f00156].
166
The Scottish Criminal Cases Review Commission[^f00157].
167
Scottish Enterprise[^f00158].
168
The Scottish Environment Protection Agency[^f00159].
169
The Scottish Fiscal Commission[^f00160].
170
The Scottish Further and Higher Education Funding Council[^f00161].
171
The Scottish Housing Regulator[^f00162].
172
The Scottish Information Commissioner[^f00163].
173
The Scottish Legal Aid Board[^f00164].
174
Scottish Natural Heritage[^f00165].
175
The Scottish Public Services Ombudsman[^f00166].
176
Qualifications Scotland.
177
The Scottish Road Works Commissioner[^f00168].
178
The Scottish Social Services Council[^f00169].
179
The Scottish Sports Council[^f00170].
180
The Sea Fish Industry Authority[^f00171].
181
The Security Industry Authority[^f00172].
182
The Single Source Regulations Office[^f00173].
183
Sir John Soane’s Museum[^f00174].
184
Slough Children First Limited[^f00175].
185
The Small Business Commissioner[^f00176].
186
Social Care and Social Work Improvement Scotland[^f00177].
187
The Social Care Institute for Excellence[^f00178].
188
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