Office of Public Sector Information
(1) The Secretary of State may by regulations make provision conferring on workers the right, except in prescribed cases, to a prescribed amount of annual leave in each leave year, as defined for the purposes of the regulations.
(2) The regulations may in particular—
(a) make provision for determining the amount of annual leave to which workers are to be entitled;
(b) make provision for determining the amount of pay in respect of any period of leave which is required by the regulations to be paid leave;
(c) make provision enabling a worker to elect when to take leave to which he is entitled by virtue of the regulations, subject to any provision of the regulations enabling his employer to require him to take, or not to take, that leave at a particular time;
(d) make provision for the payment of compensation in prescribed cases to a worker who has not taken leave to which he is entitled;
(e) make provision as to the relationship between the rights conferred by the regulations and a worker’s rights to leave, pay or compensation under any contract or under any Act or subordinate legislation;
(f) enable a worker to present a complaint to an employment tribunal that his employer has refused to permit him to exercise any right he has under the regulations, or has failed to pay him any amount due to him under the regulations;
(g) make, in connection with any right conferred by the regulations (including any right to payment), any other provision which is the same as or similar to any provision made, in connection with any right relating to annual leave conferred in pursuance of any Community obligation, by any regulations under section 2(2) of the 1972 Act made at any time before the day on which the first regulations under this section are made.
(3) Regulations under this section may make provision as to—
(a) who is to be treated as a worker for the purposes of the regulations, and
(b) who is to be treated as the worker’s employer.
(4) Regulations under this section may in particular—
(a) make provision applying to—
(i) Crown employment and persons in Crown employment;
(ii) service as a member of the armed forces;
(b) make provision conferring rights to and in connection with annual leave on persons falling within any other categories of persons on whom any Community obligation of the United Kingdom requires a right to annual leave to be conferred.
(5) Regulations under this section may not make provision in relation to the subject-matter of the Agricultural Wages (Scotland) Act 1949 (c. 30) (as that Act had effect on 1st July 1999).
(6) Regulations under this section—
(a) are to be made by statutory instrument;
(b) may make different provision for different cases;
(c) may contain incidental, supplemental, consequential, transitional or saving provision, including provision amending any Act or subordinate legislation.
(7) No statutory instrument containing regulations under this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(8) In this section—
“the 1972 Act” means the European Communities Act 1972 (c. 68);
“the armed forces” means any of the naval, military or air forces of the Crown;
“Crown employment” has the meaning given by section 191(3) of ERA 1996;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(1) This section applies to the sums specified in the following provisions—
(a) section 186(1)(a) and (b) of ERA 1996 (employee’s rights on insolvency of employer: maximum amount payable);
(b) section 227(1) of ERA 1996 (maximum amount of a week’s pay for the purposes of certain provisions of the Act relating to awards of compensation and redundancy payments).
(2) The Secretary of State may, on one occasion only, by order substitute for each of the sums mentioned in subsection (1) such higher sum as may be specified in the order.
(3) An order under this section—
(a) is to be made by statutory instrument;
(b) may include transitional provision;
(c) may exclude, on a single occasion specified in the order under this section, any duty to make an order under section 34 of the 1999 Act (indexation of certain amounts, &c), so far as relating to the sums mentioned in subsection (1).
(4) Subject to any provision made under subsection (3)(c), this section does not affect the operation of section 34 of the 1999 Act in relation to the sums substituted by the order under this section in the provisions mentioned in subsection (1).
(5) No statutory instrument containing an order under this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) In this section “the 1999 Act” means the Employment Relations Act 1999 (c. 26).
The enactments specified in Schedule 2 are repealed to the extent specified.
In this Act—
“ERA 1996” means the Employment Rights Act 1996 (c. 18);
“SSCBA 1992” means the Social Security Contributions and Benefits Act 1992 (c. 4).
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act—
(a) is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) There shall be paid out of money provided by Parliament—
(a) any expenses incurred by a Minister of the Crown or government department under this Act, and
(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
(1) Sections 16 to 18, this section and section 20 come into force on the day on which this Act is passed.
(2) The other provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.
(3) An order under this section—
(a) may make different provision for different purposes;
(b) may include supplementary, incidental, saving or transitional provisions.
(1) This Act may be cited as the Work and Families Act 2006.
(2) Subject to subsection (3), this Act extends to England and Wales and Scotland only.
(3) The following provisions extend also to Northern Ireland—
(a) this section and sections 17 to 19;
(b) paragraphs 2, 45, 49, and 55 to 61 of Schedule 1, and section 11 so far as relating to those paragraphs;
(c) the entry in Schedule 2 relating to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), and section 15 so far as relating to that entry.
Work and Families Act 2006