Trade Union Reform and Employment Rights Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/1908
Year1993

1993No. 1908

TRADE UNIONS TERMS AND CONDITIONS OF EMPLOYMENT

The Trade Union Reform and Employment Rights Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

27thJuly1993

The Secretary of State, in exercise of the powers conferred on him by section 52 of, and paragraph 1 of Schedule 9 to, the Trade Union Reform and Employment Rights Act 1993( a), hereby makes the following Order:-

Citation and interpretation

1.-(1) This Order may be cited as the Trade Union Reform and Employment Rights Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993.

(2) In this Order-

(i) "the 1978 Act" means the Employment Protection (Consolidation) Act 1978( b);(ii) "the 1992 Act" means the Trade Union and Labour Relations (Consolidation) Act 1992( c), and(iii) "the 1993 Act" means the Trade Union Reform and Employment Rights Act 1993.

Commencement

2.-(1) The provisions of the 1993 Act which are specified in Schedule 1 to this Order shall come into force on 30 August 1993.

(2) The provisions of the 1993 Act which are specified in Schedule 2 to this Order shall come into force on 30 November 1993.

(3) The provisions of the 1993 Act which are specified in Schedule 3 to this Order shall come into force on 1 January 1994.

(4) The remaining provisions of Part I of the 1993 Act (section 7(2) and (3)) and section 51 and Schedule 10 (repeals), so far as that section and that Schedule relate to sections 115 and 116 of the 1992 Act shall come into force on 1 April 1996( d).

Transitional Provisions

3.-(1) The amendments of the 1992 Act made by section 1 (election scrutineer to check register) and section 2 (counting of election votes etc. by independent person) of the 1993 Act shall apply to any election ballot held on or after 30 August 1993, other than a ballot in relation to which the scrutineer begins to carry out his functions in relation to the ballot before that date.

(2) The amendments of the 1992 Act made by section 3 of and Schedule 1 to the 1993 Act (political fund ballots) shall have effect only in relation to ballots in which votes may only be cast on or after 30 August 1993 and shall not have effect in relation to a ballot in any case in which-

(a) the approval of the Certification Officer for the union's political ballot rules was sought after 1 January 1993;(b) the Certification Officer approved the political ballot rules before 1 July 1993, and

(a) 1993 c.19.

(b) 1978 c.44.

(c) 1992 c.52.

(d) Section 7(1) will come into force on 1 April 1996 under the provisions of section 7(4).

(c) the voting in the ballot is completed on or before 31 December 1993.

(3) The amendments of the 1992 Act made by sections 4 (ballots for union amalgamations and transfers of engagements) and 5 (ballots for union amalgamations and transfers of engagements: notice not to include influential material) of the 1993 Act shall have effect only in relation to ballots in which votes may only be cast on or after 30 August 1993 and shall not have effect in relation to a ballot in any case in which-

(a) the Certification Officer approved the instrument of amalgamation or transfer of engagements before 1 July 1993, and(b) the voting in the ballot is completed on or before 31 December 1993.

(4) The amendments of the 1992 Act made by section 6 of the 1993 Act (confidentiality of trade unions register of members' names and addresses) shall have effect in relation to-

(a) any Chapter IV election held on or after 30 August 1993, other than an election in relation to which the scrutineer begins to carry out his functions before that date,(b) any Chapter VI ballot in which votes may only be cast on or after 30 August 1993,except a ballot in any case in which-(i) the approval of the Certification Officer for the union's political ballot rules was sought after 1 January 1993;(ii) the Certification Officer approved the political ballot rules before 1 July 1993, and(iii) the voting in the ballot is completed on or before 31 December 1993.(c) any Chapter VII ballot in which votes may only be cast on or after 30 August 1993, except a ballot in any case in which-(i) the Certification Officer approved the instrument of amalgamation or transfer of engagements before 1 July 1993, and(ii) the voting in the...

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