Deregulation (Deduction from Pay of Union Subscriptions) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/1529

1998 No. 1529

DEREGULATION

The Deregulation (Deduction from Pay of Union Subscriptions) Order 1998

Made 23th June 1998

Coming into force 23th June 1998

Whereas:

(a) the Secretary of State is of the opinion that certain provisions of the Trade Union and Labour Relations (Consolidation) Act 19921and which are the subject of this Order impose burdens affecting the carrying on of any trade, business, profession or otherwise and that by amending or repealing the provisions concerned and by making certain other provision it is possible to remove or reduce the burdens without removing any necessary protection;

(b) she has consulted such organisations as appear to her to be representative of interests substantially affected by her proposals and such other persons as she considers appropriate;

(c) it appears to the Secretary of State that it is appropriate, following that consultation, to proceed with the making of the Order;

(d) a document setting out the Secretary of State’s proposals has been laid before Parliament as required by section 3 of the Deregulation and Contracting Out Act 19942and the period for Parliamentary consideration under section 4 of that Act has expired;

(e) the Secretary of State has had regard to the representations made during that period;

(f) a draft of this Order has been laid before Parliament with a statement giving details of those representations and the change to the Secretary of State’s proposals in the light of those representations; and

(g) a draft of this Order has been approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by section 1 of the Deregulation and Contracting Out Act 1994, hereby makes the following Order:—

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Deregulation (Deduction from Pay of Union Subscriptions) Order 1998 and shall come into force forthwith.

(2) This Order does not extend to Northern Ireland.

S-2 Amendment of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992

Amendment of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992

2.—(1) For section 68 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) (right not to suffer deduction of unauthorised or excessive subscriptions) there shall be substituted—

S-68

Right not to suffer deduction of unauthorised subscriptions

68.—(1) Where arrangements (“subscription deduction arrangements”) exist between the employer of a worker and a trade union relating to the making from workers' wages of deductions representing payments to the union in respect of the workers' membership of the union (“subscription deductions”), the employer shall ensure that no subscription deduction is made from wages payable to the worker on any day unless—

(a)

(a) the worker has authorised in writing the making from his wages of subscription deductions; and

(b)

(b) the worker has not withdrawn the authorisation.

(2) A worker withdraws an authorisation given for...

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