Office of Public Sector Information
(1) The following enactments, namely—
(a) the enactments listed in Part I of Schedule 3 (which impose prohibitions or requirements with respect to the hours of employment and holidays of young persons and with respect to related matters), and
(b) the enactments listed in Part II of that Schedule (which impose other prohibitions or requirements for, or in connection with, regulating the employment of young persons),
shall cease to have effect.
(2) The enactments mentioned in Part III of Schedule 3 shall have effect subject to the amendments there specified (which include amendments by virtue of which certain occupations, instead of being restricted to persons who are 16 or older, are restricted to persons over school-leaving age).
(3) If the Secretary of State considers it appropriate to do so, he may by order—
(a) repeal or amend any statutory provision in consequence of subsection (1) or (2);
(b) repeal any statutory provision relating to the employment of persons, or any class of persons, who have not attained the age of 18 or (as the case may be) some specified lower age of not less than 16;
(c) amend any statutory provision falling within paragraph (b) and framed by reference to a specified age expressed as a number of years so that it is instead framed by reference to school-leaving age;
(d) repeal any statutory provision appearing to the Secretary of State to be unnecessary in view of any other such provision, being a provision relating to the employment of persons under school-leaving age.
(4) Nothing in any order under subsection (3) (apart from a repeal effected by virtue of paragraph (d) of that subsection) shall affect any statutory provision relating to the employment of persons under school-leaving age.
(5) Any reference in subsection (3)(d) or (4) to a statutory provision relating to the employment of persons under school-leaving age shall be construed, in relation to a statutory provision which relates to both—
(a) the employment of such persons, and
(b) the employment of persons over that age,
as a reference to so much of that provision as relates to the employment of persons under that age.
(6) In this section—
“school-leaving age” means—
(a) in relation to England and Wales, the upper limit of compulsory school age for the purposes of the [1944 c. 31.] Education Act 1944;
(b) in relation to Scotland, the upper limit of school age for the purposes of the [1980 c. 44.] Education (Scotland) Act 1980; and
(c) in relation to Northern Ireland, the upper limit of compulsory school age for the purposes of the [S.I.1986/594 (N.I.3).] Education and Libraries (Northern Ireland) Order 1986; and
“statutory provision” means a provision of an Act or of subordinate legislation (and references to the repeal of a statutory provision shall be construed accordingly).
(1) Any requirement to wear a safety helmet which (apart from this section) would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is on a construction site shall not apply to him at any time when he is wearing a turban.
(2) Accordingly, where—
(a) a Sikh who is on a construction site is for the time being wearing a turban, and
(b) (apart from this section) any associated requirement would, by virtue of any statutory provision or rule of law, be imposed—
(i) on the Sikh, or
(ii) on any other person,
in connection with the wearing by the Sikh of a safety helmet,
that requirement shall not apply to the Sikh or (as the case may be) to that other person.
(3) In subsection (2) “associated requirement” means any requirement (other than one falling within subsection (1)) which is related to or connected with the wearing, provision or maintenance of safety helmets.
(4) It is hereby declared that, where a person does not comply with any requirement, being a requirement which for the time being does not apply to him by virtue of subsection (1) or (2)—
(a) he shall not be liable in tort to any person in respect of any injury, loss or damage caused by his failure to comply with that requirement; and
(b) in Scotland no action for reparation shall be brought against him by any person in respect of any such injury, loss or damage.
(5) If a Sikh who is on a construction site—
(a) does not comply with any requirement to wear a safety helmet, being a requirement which for the time being does not apply to him by virtue of subsection (1), and
(b) in consequence of any act or omission of some other person sustains any injury, loss or damage which is to any extent attributable to the fact that he is not wearing a safety helmet in compliance with the requirement,
that other person shall, if liable to the Sikh in tort (or, in Scotland, in an action for reparation), be so liable only to the extent that injury, loss or damage would have been sustained by the Sikh even if he had been wearing a safety helmet in compliance with the requirement.
(6) Where—
(a) the act or omission referred to in subsection (5) causes the death of the Sikh, and
(b) the Sikh would have sustained some injury (other than loss of life) in consequence of the act or omission even if he had been wearing a safety helmet in compliance with the requirement in question,
the amount of any damages which, by virtue of that subsection, are recoverable in tort (or, in Scotland, in an action for reparation) in respect of that injury shall not exceed the amount of any damages which would (apart from that subsection) be so recoverable in respect of the Sikh’s death.
(7) In this section—
“building operations” and “works of engineering construction” have the same meaning as in the [1961 c. 34.] Factories Act 1961;
“construction site” means any place where any building operations or works of engineering construction are being undertaken;
“injury” includes loss of life, any impairment of a person’s physical or mental condition and any disease;
“safety helmet” means any form of protective headgear; and
“statutory provision” means a provision of an Act or of subordinate legislation.
(8) In this section—
(a) any reference to a Sikh is a reference to a follower of the Sikh religion; and
(b) any reference to a Sikh being on a construction site is a reference to his being there whether while at work or otherwise.
(9) This section shall have effect in relation to any relevant construction site within the territorial sea adjacent to Great Britain as it has effect in relation to any construction site within Great Britain.
(10) In subsection (9) “relevant construction site” means any construction site where there are being undertaken any building operations or works of engineering construction which are activities falling within Article 7(a) of the [S.I. 1989/840.] Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989.
(1) Where—
(a) any person applies to a Sikh any requirement or condition relating to the wearing by him of a safety helmet while he is on a construction site, and
(b) at the time when he so applies the requirement or condition that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when on such a site,
then, for the purpose of determining whether the application of the requirement or condition to the Sikh constitutes an act of discrimination falling within section 1(1)(b) of the [1976 c. 74.] Race Relations Act 1976 (indirect racial discrimination), the requirement or condition shall be taken to be one which cannot be shown to be justifiable as mentioned in sub-paragraph (ii) of that provision.
(2) Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) above shall not be regarded for the purposes of the Race Relations Act 1976 as giving rise, in relation to any other person, to any discrimination falling within section 1 of that Act.
(3) Subsections (7) to (10) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section.
(1) Part I of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (particulars of terms of employment) shall be amended as follows.
(2) In section 2 (supplementary provisions relating to statements under section 1), the following subsection shall be substituted for subsection (4)—
“(4) No statement need be given under section 1 where—
(a) the employee’s employment began not more than six months after the end of earlier employment with the same employer,
(b) a statement under that section, and any information subsequently required under section 4, was duly given to the employee in respect of his earlier employment, and
(c) the terms of his present employment are the same as those of his earlier employment and any other matters falling within section 1(4) of which particulars were to be given by that statement are also unchanged,
but without prejudice to the operation of subsection (1) of section 4 if there is subsequently a change in his terms of employment or in any of those matters.”
(3) The following section shall be inserted after section 2—
(1) The note which, by virtue of subsection (4) of section 1, is required to be included in a statement given to an employee under that section need not comply with the following provisions of that subsection, namely—
(a) paragraph (a),
(b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i), and
(c) paragraph (c),
if on the date when the employee’s employment began the relevant number of employees was less than twenty.
(2) In subsection (1) “the relevant number of employees”, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.”
(4) In section 4 (changes in terms of employment), the following subsection shall be added after subsection (5)—
“(6) Any reference in subsection (1), (3) or (4) to the terms of employment which were to be, or were, included or referred to in a statement given under section 1 shall be construed as including a reference to any other matters falling within section 1(2)(c) and (4) of which particulars were to be given by that statement.”
(5) The following subsections shall be added at the end of section 5 (exclusion of certain contracts in writing)—
“(2) If on the date when the employee’s employment began the relevant number of employees was less than twenty, any reference in subsection (1)(c) to such a note as is there mentioned shall be construed as including a reference to such a note as is mentioned in section 1(4) as it has effect with the omission of the provisions specified in section 2A(1)(a) to (c).
(3) In subsection (2) “the relevant number of employees” has the meaning given by section 2A(2).”;
and the existing provisions of section 5 shall accordingly constitute subsection (1) of that section.
In section 27(1) of the 1978 Act (duty of employer to permit employee who is an official of an independent trade union recognised by employer to take time off to carry out certain trade union duties)—
(a) the following paragraph shall be substituted for paragraph (a)—
“(a) to carry out—
(i) any duties of his, as such an official, which are concerned with negotiations with the employer that are related to or connected with any matters which fall within section 29(1) of the [1974 c. 52.] Trade Union and Labour Relations Act 1974 and in relation to which the trade union is recognised by the employer, or
(ii) any other duties of his, as such an official, which are concerned with the performance, on behalf of employees of the employer, of any functions that are related to or connected with any matters falling within that provision and that the employer has agreed may be so performed by the trade union; or”; and
(b) in paragraph (b)(i), for “those duties” there shall be substituted “any such duties as are mentioned in paragraph (a)”.
(1) In section 53(2) of the 1978 Act (employee not entitled to written statement of reasons for dismissal unless continuously employed for six months), for “six months” there shall be substituted “not less than two years”.
(2) In section 149(1) of the 1978 Act (general power to amend that Act), in paragraph (c), after “49(4A),” there shall be inserted “53(2),”.
(1) In section 82 of the 1978 Act (general exclusions from right to redundancy payment), the following subsection shall be substituted for subsection (1)—
“(1) An employee shall not be entitled to a redundancy payment if he has before the relevant date attained the following age, that is to say—
(a) in a case where—
(i) in the business for the purposes of which he was employed there was a normal retiring age of less than sixty-five for an employee holding the position which he held, and
(ii) the age was the same whether the employee holding that position was a man or a woman,
that normal retiring age; and
(b) in any other case, the age of sixty-five.”
(2) In paragraph 4(2) of Schedule 4 to that Act (calculation of redundancy payments), for the words from ““the specified anniversary”” to “her birth,” there shall be substituted ““the specified anniversary”, in relation to an employee, means the sixty-fourth anniversary of the day of his birth,”.
The following provisions of the 1978 Act, namely—
(a) sections 104 and 104A (payment by Secretary of State of redundancy rebates to employers with less than ten employees), and
(b) Schedule 6 (calculation of amount of redundancy rebates),
shall cease to have effect.
(1) Sections 122 and 123 of the 1978 Act (payments by Secretary of State on insolvency of employer) shall be amended as follows.
(2) In section 122 (payment to employee of certain unpaid debts of employer), the following subsection shall be substituted for subsection (11)—
“(11) If the Secretary of State is satisfied that he does not require such a statement in order to determine the amount of the debt that was owed to the employee on the relevant date and remains unpaid, he may make a payment under this section in respect of the debt without having received such a statement.”
(3) In section 123 (payment of unpaid contributions to occupational or personal pension scheme), the following subsection shall be substituted for subsection (9)—
“(9) If the Secretary of State is satisfied—
(a) that he does not require a statement under subsection (7) in order to determine the amount of relevant contributions that was unpaid on the date on which the employer became insolvent and remains unpaid, or
(b) that he does not require a certificate under subsection (8) in order to determine the amounts payable, paid or deducted as mentioned in subsections (3)(a) and (c) and (5),
he may make a payment under this section in respect of the contributions in question without having received such a statement or (as the case may be) such a certificate.”
(1) In section 125 of the 1978 Act (transfer of rights and remedies relating to debt in respect of which payment made by Secretary of State on insolvency of employer), the following subsections shall be substituted for subsection (2)—
“(2) Where a debt or any part of a debt in respect of which the Secretary of State has made a payment in pursuance of section 122 constitutes —
(a) a preferential debt within the meaning of the [1986 c. 45.] Insolvency Act 1986 for the purposes of any provision of that Act (including any such provision as applied by any order made under that Act) or any provision of the [1985 c. 6.] Companies Act 1985; or
(b) a preferred debt within the meaning of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 for the purposes of any provision of that Act (including any such provision as applied by section 11A of the [1889 c. 39.] Judicial Factors (Scotland) Act 1889),
then, without prejudice to the generality of subsection (1) above, there shall be included among the rights and remedies which become rights and remedies of the Secretary of State in accordance with that subsection any right arising under any such provision by reason of the status of the debt or that part of it as a preferential or preferred debt.
(2A) In computing for the purposes of any provision mentioned in subsection (2)(a) or (b) above the aggregate amount payable in priority to other creditors of the employer in respect of—
(a) any claim of the Secretary of State to be so paid by virtue of subsection (2) above; and
(b) any claim by the employee to be so paid made in his own right,
any claim falling within paragraph (a) above shall be treated as if it were a claim of the employee; but the Secretary of State shall be entitled, as against the employee, to be so paid in respect of any such claim of his (up to the full amount of the claim) before any payment is made to the employee in respect of any claim falling within paragraph (b) above.”
(2) The following subsections shall be inserted after subsection (3) of that section—
“(3A) Where the Secretary of State makes any such payment as is mentioned in subsection (3) above and the sum (or any part of the sum) falling to be paid by the employer on account of the contributions in respect of which the payment is made constitutes—
(a) a preferential debt within the meaning of the Insolvency Act 1986 for the purposes of any provision mentioned in subsection (2)(a) above; or
(b) a preferred debt within the meaning of the Bankruptcy (Scotland) Act 1985 for the purposes of any provision mentioned in subsection (2)(b) above,
then, without prejudice to the generality of subsection (3) above, there shall be included among the rights and remedies which become rights and remedies of the Secretary of State in accordance with that subsection any right arising under any such provision by reason of the status of that sum (or that part of it) as a preferential or preferred debt.
(3B) In computing for the purposes of any provision referred to in subsection (3A)(a) or (b) above the aggregate amount payable in priority to other creditors of the employer in respect of—
(a) any claim of the Secretary of State to be so paid by virtue of subsection (3A) above; and
(b) any claim by the persons competent to act in respect of the scheme,
any claim falling within paragraph (a) above shall be treated as if it were a claim of those persons; but the Secretary of State shall be entitled, as against those persons, to be so paid in respect of any such claim of his (up to the full amount of the claim) before any payment is made to them in respect of any claim falling within paragraph (b) above.”
In Schedule 9 to the 1978 Act (procedure etc. of industrial tribunals), the following paragraph shall be inserted after paragraph 1—
“1A (1) The regulations may include provision—
(a) for authorising a preliminary consideration of proceedings before an industrial tribunal (“a pre-hearing review”) to be carried out—
(i) by such person as may be determined by or in accordance with the regulations, or
(ii) if so determined in accordance with the regulations, by the tribunal itself; and
(b) for enabling such powers to be exercised in connection with a pre-hearing review as may be prescribed by the regulations.
(2) The regulations may in particular include provision—
(a) for authorising any person or tribunal carrying out a pre-hearing review under the regulations to make, in circumstances specified in the regulations, an order requiring a party to the proceedings in question, if he wishes to continue to participate in those proceedings, to pay a deposit of an amount not exceeding £150;
(b) for prescribing—
(i) the manner in which the amount of any such deposit is to be determined in any particular case,
(ii) the consequences of non-payment of any such deposit, and
(iii) the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it, or be paid over to another party to the proceedings.
(3) The Secretary of State may from time to time by order substitute for the sum specified in sub-paragraph (2)(a) such other sum as is specified in the order.”
In section 1(1) of the [1922 c. 35.] Celluloid and Cinematograph Film Act 1922 (general safety provisions relating to storage of celluloid film), paragraph (a) (requirement to notify local authority of storage of such film) shall cease to have effect.
(1) The Training Commission shall be dissolved on the date on which this Act is passed.
(2) Subject to subsection (3), all the property, rights and liabilities to which the Training Commission was entitled or subject immediately before that date shall on that date become property, rights and liabilities of the Secretary of State for Employment.
(3) Any liability in respect of pensions, superannuation allowances or gratuities which, but for the passing of this Act, would have arisen or existed on or after that date as a liability of the Training Commission to or in respect of the chairman or any former chairman of the Commission shall instead be a liability of the Paymaster General.
(4) The [1982 c. 10.] Industrial Training Act 1982 shall have effect subject to the amendments specified in Schedule 4 to this Act (by virtue of which functions of the Training Commission under that Act are transferred to the Secretary of State).
(5) Schedule 5 to this Act shall have effect for the purpose of supplementing the provisions of this section.
(6) References in this Act to property, rights and liabilities of the Training Commission are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Commission.
In section 1 of the Industrial Training Act 1982 (establishment of industrial training boards), the following subsection shall be substituted for subsections (4) and (5)—
“(4) Before making an industrial training order the Secretary of State shall consult—
(a) such organisations or associations of organisations appearing to him to be representative of substantial numbers of employers, and such bodies established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, as he thinks fit; and
(b) such other organisations, associations or bodies (if any) as he thinks fit.”
(1) The following sections shall be inserted after section 3 of the [1982 c. 10.] Industrial Training Act 1982—
(1) Where an order has been made under section 1 above which—
(a) revokes an industrial training order, or
(b) amends such an order so as to exclude from the scope of operation of an industrial training board some of the activities in relation to which it exercises functions,
the board concerned—
(i) may with the consent of the Secretary of State, or
(ii) shall if he so directs,
transfer all or any of its assets to any person on trust to be used for charitable purposes which are related to or connected with training for employment.
(2) A transfer under subsection (1) above may be made for a consideration which is less than the market value of the assets transferred or for no consideration; and different assets may be transferred by a board under that subsection to different persons.
(3) It is hereby declared that a transfer under subsection (1) above may be made in a case where an industrial training order is revoked even if the assets of the board concerned are (or will be after the transfer) insufficient to meet its liabilities and the expenses of the winding up of the board in pursuance of section 4(1) below.
(4) Subject to subsection (5) below, the provisions of section 15(5) to (9) below shall apply in relation to any direction given by the Secretary of State under subsection (1) above as they apply in relation to any direction given by him under section 15(1) or (2) below.
(5) Where any such direction is given in a case where an industrial training order is revoked, those provisions shall so apply with the omission from section 15(6) below of the words from “during such period” onwards.
(1) If arrangements are made (whether in connection with a transfer of assets under section 3A(1) above or otherwise) for any activities of an industrial training board to be carried on by some other person (“the transferee”) as from a particular date, this section shall have effect in relation to any employee of the board who, immediately before that date, was employed wholly or mainly in connection with those activities.
(2) The [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to any such employee of the board in accordance with subsection (3) below.
(3) For the purposes of the application of those Regulations in relation to any such employee, the activities referred to in subsection (1) above shall (whether or not they would otherwise be so regarded) be regarded—
(a) as constituting an undertaking within the meaning of those Regulations which is transferred from the board to the transferee on the date referred to in that subsection, and
(b) as being so transferred by a transfer to which those Regulations apply and which is completed on that date.
(4) A certificate issued by an industrial training board, in connection with any such arrangements as are referred to in subsection (1) above, to the effect that a person was, immediately before the date referred to in that subsection, employed by the board wholly or mainly in connection with the activities to which the arrangements relate shall be conclusive evidence of the facts stated in the certificate.”
(2) In section 4(2) of the [1982 c. 10.] Industrial Training Act 1982 (winding up of industrial training boards), the following provisions shall be substituted for paragraph (b)—
“(b) for any assets of the board which are not required to meet those liabilities and expenses to be transferred to the Secretary of State and for those assets to be applied for purposes specified in the order.
Any reference in this subsection to the assets of the board is a reference to the assets (if any) held by it after the making of any transfer or transfers under section 3A(1) above.”
(1) In Schedule 1 to the Industrial Training Act 1982 (constitution etc. of industrial training boards), the following paragraph shall be substituted for paragraph 3—
“3 (1) An industrial training board shall consist of—
(a) a chairman and, if the Secretary of State thinks fit, a deputy chairman, each of whom shall be a person appearing to the Secretary of State to have industrial or commercial experience;
(b) such number of persons appointed after the appropriate consultation as the Secretary of State thinks fit; and
(c) such other persons (if any) whom it appears to the Secretary of State to be appropriate to appoint in addition to those appointed by virtue of paragraph (b) above.
(2) A person appointed by virtue of sub-paragraph (1)(b) above shall at the time of his appointment be a person appearing to the Secretary of State to be concerned (whether as a director, manager or sole proprietor or otherwise) in the management of the activities, or any of the activities, of an employer engaging in the industry; and the reference in that provision to the appropriate consultation is areference to consultation with such organisations, or associations of organisations, representative of employers engaging in the industry as appear to the Secretary of State to be appropriate.
(3) The Secretary of State shall not make any appointment by virtue of sub-paragraph (1)(c) above if to do so would result in the number of persons for the time being appointed by virtue of that provision being equal to, or greater than, the number of persons for the time being appointed by virtue of sub-paragraph (1)(b) above.
(4) References in the following provisions of this Schedule to a chairman include a deputy chairman.”
(2) Subject to subsection (4) below, the Secretary of State may reconstitute the membership of an industrial training board as from any time after the passing of this Act—
(a) by terminating such of the appointments of its existing members as would otherwise expire after that time, and
(b) by making fresh appointments to it, as from that time, in accordance with the provisions substituted by subsection (1) above.
(3) The termination of a person’s appointment to an industrial training board in accordance with paragraph (a) of subsection (2) above shall not preclude him from being re-appointed to the board in pursuance of paragraph (b) of that subsection.
(4) The power conferred on the Secretary of State by subsection (2) above shall not be exercisable in relation to an industrial training board if all of its members were appointed to it in accordance with the provisions substituted by subsection (1) above (whether they were so appointed in pursuance of subsection (2)(b) above or otherwise).
Employment Act 1989