Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

(The document as of February, 2008)

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(6) If the House of Lords resolves at any time that any provision of subsection (3) or (5) should be amended in its application to any employment as a member of the staff of that House, Her Majesty may by Order in Council amend that provision accordingly.

Any such Order--

(a) may contain such incidental, supplementary or transitional provisions as appear to Her Majesty to be appropriate, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

278 House of Commons staff

(1) The provisions of this Act (except those specified below) apply in relation to employment as a relevant member of the House of Commons staff as in relation to other employment.

(2) The following provisions are excepted from subsection (1)--

sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),
Chapter II of Part IV (procedure for handling redundancies).

(3) In this section "relevant member of the House of Commons staff" has the same meaning as in section 139 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978.

(4) For the purposes of the other provisions of this Act as they apply by virtue of this section--

(a) "employee" and "contract of employment" include a relevant member of the House of Commons staff and the terms of employment of any such member (but subject to subsection (5) below);

(b) "dismissal" includes the termination of any such member's employment;

(c) the reference in 182(1)(e) (disclosure of information for collective bargaining: restrictions on general duty) to the employer's undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Commons; and

(d) any other reference to an undertaking shall be construed as a reference to the House of Commons.

(5) Sections 137 to 143 (access to employment) apply by virtue of this section in relation to employment otherwise than under a contract only where the terms of employment correspond to those of a contract of employment.

(6) Subsections (4) to (9) of section 139 of the Employment Protection (Consolidation) Act 1978 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section.

Health service practitioners

279 Health service practitioners

In this Act "worker" includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person providing general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made--

(a) by a Family Health Services Authority under section 29, 35, 38 or 41 of the [1977 c. 49.] National Heath Service Act 1977, or

(b) by a Health Board under section 19, 25, 26, or 27 of the [1978 c. 29.] National Health Service (Scotland) Act 1978;

and "employer", in relation to such an individual, regarded in that capacity, means that authority or board.

Police service

280 Police service

(1) In this Act "employee" or "worker" does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.

(2) "Police service" means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.

Excluded classes of employment

281 Part-time employment

(1) Sections 168 and 170 (time off for trade union duties and activities) do not apply to employment under a contract which normally involves employment for less than sixteen hours weekly.

(2) If the employee's relations with his employer cease to be governed by a contract which normally involve work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, the employee shall nevertheless for a period of 26 weeks be treated for the purposes of this section as if his contract normally involved employment for sixteen hours or more weekly.

(3) In computing that period of 26 weeks no account shall be taken of any week--

(a) during which the employee is in fact employed for sixteen hours or more;

(b) during which the employee takes part in a strike (as defined by paragraph 24 of Schedule 13 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978); or

(c) during which there is no contract of employment but which by virtue of paragraph 9(1) of that Schedule counts in computing a period of continuous employment.

(4) An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he had been continuously employed for a period of five years or more be treated for the purposes of this section as if his contract normally involved employment for sixteen hours or more weekly.

(5) Section 151 of and Schedule 13 to the Employment Protection (Consolidation) Act 1978 (computation of period of continuous employment), and any provision modifying or supplementing that section or Schedule for the purposes of that Act, apply for the purposes of this section; and references in this section to weeks are to weeks within the meaning of that Schedule.

(6) An employee's normal working hours for the purposes of this section shall be calculated in accordance with Part I of Schedule 14 to that Act.

282 Short-term employment

(1) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment--

(a) under a contract for a fixed term of three months or less, or

(b) under a contract made in contemplation of the performance of a specific task which is not expected to last for more than three months,

where the employee has not been continuously employed for a period of more than three months.

(2) Section 151 of and Schedule 13 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (computation of period of continuous employment), and any provision modifying or supplementing that section or Schedule for the purposes of that Act, apply for the purposes of this section.

283 Mariners

(1) The provisions of Chapter II of Part IV (procedure for handling redundancies) do not apply to employment as a merchant seaman.

(2) For this purpose employment as a merchant seaman means employment as master or as a member of the crew of a sea-going ship, including an apprentice or trainee employed on any such ship and employment as a radio officer on such a ship.

284 Share fishermen

The following provisions of this Act do not apply to employment as master or as member of the crew of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel--

In Part III (rights in relation to trade union membership and activities)--
sections 137 to 143 (access to employment),
sections 146 to 151 (action short of dismissal), and
sections 168 to 173 (time off for trade union duties and activities;
In Part IV, Chapter II (procedure for handling redundancies).

285 Employment outside Great Britain

(1) The following provisions of this Act do not apply to employment where under his contract of employment an employee works, or in the case of a prospective employee would ordinarily work, outside Great Britain--

In Part III (rights in relation to trade union membership and activities)--
sections 137 to 143 (access to employment),
sections 146 to 151 (action short of dismissal), and
sections 168 to 173 (time off for trade union duties and activities;
In Part IV, Chapter II (procedure for handling redundancies).

(2) For the purposes of subsection (1) employment on board a ship registered in the United Kingdom shall be treated as employment where under his contract a person ordinarily works in Great Britain unless--

(a) the ship is registered at a port outside Great Britain, or

(b) the employment is wholly outside Great Britain, or

(c) the employee or, as the case may be, the person seeking employment or seeking to avail himself of a service of an employment agency, is not ordinarily resident in Great Britain.

286 Power to make further provision as to excluded classes of employment

(1) This section applies in relation to the following provisions--

In Part III (rights in relation to trade union membership and activities), sections 146 to 151 (action short of dismissal),
In Part IV, Chapter II (procedure for handling redundancies), and
In Part V (industrial action), section 237 (dismissal of those taking part in unofficial industrial action).

(2) The Secretary of State may by order made by statutory instrument provide that any of those provisions--

(a) shall not apply to persons or to employment of such classes as may be prescribed by the order, or

(b) shall apply to persons or employments of such classes as may be prescribed by the order subject to such exceptions and modifications as may be so prescribed,

and may vary or revoke any of the provisions of sections 281 to 285 above (excluded classes of employment) so far as they relate to any such provision.

(3) Any such order shall be made by statutory instrument and may contains such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(4) No such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Offshore employment

287 Offshore employment

(1) In this Act "offshore employment" means employment for the purposes of activities--

(a) in the territorial waters of the United Kingdom, or

(b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or

(c) connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.

(2) Her Majesty may by Order in Council provide that--

(a) the provisions of this Act, and

(b) any Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Act,

apply, to such extent and for such purposes as may be specified in the Order and with or without modification, to or in relation to a person in offshore employment or, in relation to sections 137 to 143 (access to employment), a person seeking such employment.

(3) An Order in Council under this section--

(a) may make different provision for different cases;

(b) may provide that the enactments to which this section applies, as applied, apply--

(i) to individuals whether or not they are British subjects, and

(ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,

and apply notwithstanding that the application may affect the activities of such an individual or body outside the United Kingdom;

(c) may make provision for conferring jurisdiction on any court or class of court specified in the Order, or on industrial tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment;

(d) may provide that the enactments to which this section applies apply in relation to a person in offshore employment in a part of the areas referred to in subsection (1)(a) and (b);

(e) may exclude from the operation of section 3 of the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the enactments to which this section applies in connection with offshore employment;

(f) may provide that such proceedings shall not be brought without such consent as may be required by the Order;

(g) may modify or exclude any of sections 281 to 285 (excluded classes of employment) or any corresponding provision of Northern Ireland legislation.

(4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section, by that or any other court or tribunal.

(5) In this section--

"cross-boundary petroleum field" means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector;
"foreign sector of the continental shelf" means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom;
"petroleum field" means a geological structure identified as an oil or gas field by the Order in Council concerned; and
"United Kingdom sector of the continental shelf" means the areas designated under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964.

Contracting out, &c.

288 Restriction on contracting out

(1) Any provision in an agreement (whether a contract of employment or not) is void in so far as it purports--

(a) to exclude or limit the operation of any provision of this Act, or

(b) to preclude a person from bringing--

(i) proceedings before an industrial tribunal or the Central Arbitration Committee under any provision of this Act, or

(ii) an application to the Employment Appeal Tribunal under section 67 (remedy for infringement of right not to be unjustifiably disciplined) or section 176 (compensation for unreasonable exclusion or expulsion).

(2) Subsection (1) does not apply to an agreement to refrain from instituting or continuing proceedings where a conciliation officer has taken action under--

(a) section 133(2) or (3) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (general provisions as to conciliation), or

(b) section 134(1), (2) or (3) of that Act (conciliation in case of unfair dismissal).

(3) Subsection (1) does not apply--

(a) to such an agreement as is referred to in section 185(5)(b) or (c) to the extent that it varies or supersedes an award under that section;

(b) to any provision in a collective agreement excluding rights under Chapter II of Part IV (procedure for handling redundancies), if an order under section 198 is in force in respect of it.

289 Employment governed by foreign law

For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person's employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.

Industrial tribunal proceedings

290 General provisions as to conciliation

The provisions of section 133(2) to (6) of the Employment Protection (Consolidation) Act 1978 (general provisions as to functions of conciliation officers) have effect in relation to industrial tribunal proceedings, and claims which could be the subject of industrial tribunal proceedings, arising out of a contravention or alleged contravention of any of the following provisions of this Act--

(a) section 64 (right of trade union member not to be unjustifiably disciplined);

(b) section 137 or 138 (refusal of employment or service of employment agency on grounds related to union membership);

(d) section 168, 169 or 170 (time off for trade union duties and activities);

(e) section 174 (unreasonable exclusion or expulsion from union where employment subject to union membership agreement);

(f) section 188 (failure to consult trade union representatives on proposed redundancies);

(g) section 190 (entitlement under protective award).

291 Right of appeal from industrial tribunal

(1) An appeal lies to the Employment Appeal Tribunal on any question of law or fact arising from a decision of, or arising in proceedings before, an industrial tribunal under section 174 (right not to be unreasonably excluded or expelled from trade union).

(2) An appeal lies to the Employment Appeal Tribunal on any question of law arising from a decision of, or arising in proceedings before, an industrial tribunal under any other provision of this Act.

(3) No other appeal lies from a decision of an industrial tribunal under this Act; and section 11 of the [1992 c. 53.] Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) does not apply to proceedings before an industrial tribunal under this Act.

Other supplementary provisions

292 Death of employee or employer

(1) This section has effect in relation to the following provisions so far as they confer rights on employees or make provision in connection therewith--

(a) sections 146 to 151 (action short of dismissal taken on grounds related to union membership or activities);

(b) sections 168 to 173 (time off for trade union duties and activities);

(2) Where the employee or employer dies, tribunal proceedings may be instituted or continued by a personal representative of the deceased employee or, as the case may be, defended by a personal representative of the deceased employer.

(3) If there is no personal representative of a deceased employee, tribunal proceedings or proceedings to enforce a tribunal award may be instituted or continued on behalf of his estate by such other person as the industrial tribunal may appoint, being either--

(a) a person authorised by the employee to act in connection with the proceedings before his death, or

(b) the widower, widow, child, father, mother, brother or sister of the employee.

In such a case any award made by the industrial tribunal shall be in such terms and shall be enforceable in such manner as may be prescribed.

(4) Any right arising under any of the provisions mentioned in subsection (1) which by virtue of this section accrues after the death of the employee in question shall devolve as if it had accrued before his death.

(5) Any liability arising under any of those provisions which by virtue of this section accrues after the death of the employer in question shall be treated for all purposes as if it had accrued immediately before his death.

293 Regulations

(1) The Secretary of State may by regulations prescribe anything authorised or required to be prescribed for the purposes of this Act.

(2) The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

294 Reciprocal arrangements with Northern Ireland

(1) If provision is made by Northern Ireland legislation for purposes corresponding to the purposes of any provision of this Act re-enacting a provision of the [1975 c. 71.] Employment Protection Act 1975 or the [1978 c. 44.] Employment Protection (Consolidation) Act 1978, the Secretary of State may, with the consent of the Treasury, make reciprocal arrangements with the appropriate Northern Ireland authority for co-ordinating the relevant provisions of this Act with the corresponding Northern Ireland provisions so as to secure that they operate, to such extent as may be provided by the arrangements, as a single system.

(2) The Secretary of State may make regulations for giving effect to any such arrangements.

(3) The regulations may make different provision for different cases and may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.

(4) The regulations may provide that the relevant provisions of this Act shall have effect in relation to persons affected by the arrangements subject to such modifications and adaptations as may be specified in the regulations, including provisions--

(a) for securing that acts, omission and events having any effect for the purposes of the Northern Ireland legislation have a corresponding effect for the purposes of the relevant provisions of this Act (but not so as to confer a right to double payment in respect of the same act, omission or event, and

(b) for determining, in cases where rights accrue both under the relevant provisions of this Act and under the Northern Ireland legislation, which of this rights is available to the person concerned.

(5) In this section "the appropriate Northern Ireland authority" means such authority as is specified in that behalf in the Northern Ireland legislation.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

295 Meaning of "employee" and related expressions

(1) In this Act--

"contract of employment" means a contract of service or of apprenticeship,
"employee" means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and
"employer", in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed.

(2) Subsection (1) has effect subject to section 235 and other provisions conferring a wider meaning on "contract of employment" or related expressions.

296 Meaning of "worker" and related expressions

(1) In this Act "worker" means an individual who works, or normally works or seeks to work--

(a) under a contract of employment, or

(b) under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of his, or

(c) in employment under or for the purposes of a government department (otherwise than as a member of the naval, military or air forces of the Crown) in so far as such employment does not fall within paragraph (a) or (b) above.

(2) In this Act "employer", in relation to a worker, means a person for whom one or more workers work, or have worked or normally work or seek to work.

297 Associated employers

For the purposes of this Act any two employers shall be treated as associated if--

(a) one is a company of which the other (directly or indirectly) has control, or

(b) both are companies of which a third person (directly or indirectly) has control;

and "associated employer" shall be construed accordingly.

298 Minor definitions: general

In this Act, unless the context otherwise requires--

"act" and "action" each includes omission, and references to doing an act or taking action shall be construed accordingly;
"contravention" includes a failure to comply, and cognate expressions shall be construed accordingly;
"dismiss", "dismissal" and "effective date of termination", in relation to an employee, shall be construed in accordance with section 55 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978;
"post" means a postal service which--
(a)
is provided by the Post Office or under a licence granted under section 68 of the [1981 c. 38.] British Telecommunications Act 1981, or
(b)
does not by virtue of an order made under section 69 of that Act (suspension of postal privilege) infringe the exclusive privilege conferred on the Post Office by section 66(1) of that Act;
"tort", as respects Scotland, means delict, and cognate expressions shall be construed accordingly.

299 Index of defined expressions

In this Act the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated--

ACAS

section 247(1)

act and action

section 298

advertisement (in sections 137 to 143)

section 143(1)

appropriately qualified actuary (in sections 38 to 41)

section 42

associated employer

section 297

branch or section (of trade union)

section 119

collective agreement and collective bargaining

section 178(1)

the Commissioner

section 266

contract of employment

--generally

section 295(1)

--in sections 226 to 234

section 235

--in relation to Crown employment

section 273(4)(a)

--in relation to House of Lords or House of Commons staff

sections 277(4) and 278(4)(a)

contravention

section 298

the court (in Part I)

section 121

date of the ballot (in Part V)

section 246

dismiss and dismissal

--generally

section 298

--in relation to Crown employment

section 273(4)(c)

--in relation to House of Commons staff

section 278(4)(b)

effective date of termination

section 298

employee

--generally

section 295(1)

--in relation to Crown employment

section 273(4)(a)

--in relation to House of Commons staff

section 278(4)(a)

--excludes police service

section 280

employer

--in relation to an employee

section 295(1)

--in relation to a worker

section 296(2)

--in relation to health service practitioners

section 279

employment and employment agency (in sections 137 to 143)

section 143(1)

executive (of trade union)

section 119

financial year (in Part VI)

section 272

general secretary

section 119

independent trade union (and related expressions)

section 5

list

--of trade unions

section 2

--of employers' associations

section 123

Northern Ireland union (in Part I)

section 120

not protected (in sections 222 to 226)

section 219(4)

officer

--of trade union

section 119

--of employers' association

section 136

official (of trade union)

section 119

offshore employment

section 287

place of work (in Part V)

section 246

political fund

section 82(1)(a)

political resolution

section 82(1)(a)

post

section 298

prescribed

section 293(1)

president

section 119

recognised, recognition and related expressions

section 178(3)

redundancy (in Part IV, Chapter II)

--generally

section 195

--in relation to Crown employment

section 273(4)(d)

representative (of trade union) (in Part IV, Chapter II)

section 196

rules (of trade union)

section 119

strike (in Part V)

section 246

tort (as respects Scotland)

section 298

trade dispute

Final provisions

300 Repeals, consequential amendments, transitional provisions and savings

(1) The enactments specified in Schedule 1 are repealed to the extent specified.

(2) The enactments specified in Schedule 2 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(3) Schedule 3 contains transitional provisions and savings.

301 Extent

(1) This Act extends to England and Wales and Scotland.

(2) The following provisions of this Act extend to Northern Ireland--

(a) sections 13 and 14 (provisions as to property held in trust for trade union), and section 129 (application of provisions to employers' associations) so far as it applies those sections;

(b) Chapter VI of Part I (application of funds for political objects), except sections 86 to 88 (duties of employer who deducts union contributions), for the purposes of the application of that Chapter to trade unions or unincorporated employers' associations having their head or main office outside Northern Ireland;

(d) section 294 (reciprocal arrangements with Northern Ireland);

(e) Schedule 1 (repeals) so far as it relates to enactments which extend to Northern Ireland, other than the [1875 c. 86.] Conspiracy and Protection of Property Act 1875;

(f) Schedules 2 and 3 (consequential amendments, transitional provisions and savings), so far as they relate to enactments which extend to Northern Ireland;

but this Act does not otherwise extend there.

(3) Subsection (2)(b) does not affect the operation of Article 67(3) to (5) of the [S.I. 1992/807 (N.I. 5)] Industrial Relations (Northern Ireland) Order 1992 (application of Northern Ireland law to contributions by members in Northern Ireland); and the closing words of that subsection do not affect the operation in relation to persons or property in Northern Ireland of any provision of Chapter VII of Part I (amalgamations and similar matters) which is capable of so applying as part of the law of England and Wales or Scotland.

302 Commencement

This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

303 Short title

This Act may be cited as the Trade Union and Labour Relations (Consolidation) Act 1992.

SCHEDULES

Section 300(1).

SCHEDULE 1 Repeals

Chapter	Short title	Extent of repeal
38 & 39 Vict. c. 86.	Conspiracy and Protection of Property Act 1875.	Sections 3, 5, 7, 15 and 16.
59 & 60 Vict. c. 25.	Friendly Societies Act 1896.	Section 22(2) and (3).
2 & 3 Geo.5 c. 30.	Trade Union Act 1913.	The whole Act.
9 & 10 Geo.5 c. 69.	Industrial Courts Act 1919.	The whole Act.
9 & 10 Geo.6 c. 52.	Trade Disputes and Trade Unions Act 1946.	The whole Act.
11 & 12 Geo.6 c. 39.	Industrial Assurance and Friendly Societies Act 1948.	In section 6--
		(a) in subsection (1), the words "or a trade union or employers' association";
		(b) in subsection (2), the words from "and by virtue of section 2" to "trade unions".
		Section 16(4).
		Section 23(1)(d).
1964 c. 24.	Trade Union (Amalgam-ations, &c.) Act 1964.	The whole Act.
1970 c. 36.	Merchant Shipping Act 1970.	Section 42(1).
		In Schedule 3, paragraph 1.
1972 c. 59.	Administration of Justice (Scotland) Act 1972.	Section 3(3).
1974 c. 46.	Friendly Societies Act 1974.	In Schedule 9, paragraphs 1 and 12.
1974 c. 52.	Trade Union and Labour Relations Act 1974.	The whole Act.
1975 c. 71.	Employment Protection Act 1975.	Sections 1 to 10.
		Sections 17 to 21.
		Sections 99 to 108.
		Section 110.
		Sections 117 to 119.
		Sections 121 to 123.
		Section 124(1)(b).
		In section 125(1), the words from the beginning to "this Act and".
		Sections 126 to 128.
		In section 129--
		(a) in subsection (5), the words from the beginning to "section 123(3) above,";
		(b) in subsection (6), the words "Sections 127 and 128 above and".
		Schedule 1.
		Schedule 12.
		In Schedule 16--
		(a) Part III;
		(b) in Part IV, paragraphs 2, 3, 7, 10, 13 and 16.
		In Schedule 17, paragraphs 1 to 6
1976 c. 7.	Trade Union and Labour Relations (Amendment) Act 1976.	The whole Act.
1976 c. 74.	Race Relations Act 1976.	Schedule 3.
1977 c. 45.	Criminal Law Act 1977.	Section 1(3).
		Section 5(11).
		In section 63(2), the references to sections 5 and 7 of the Conspiracy and Protection of Property Act 1875.
1977 c. 49.	National Health Service Act 1977.	In Schedule 15, paragraph 62.
1978 c. 29.	National Health Service (Scotland) Act 1978.	In Schedule 16, paragraph 39.
1978 c. 36.	House of Commons (Administration) Act 1978.	In Schedu	Section 67(3).
		Section 72A.
		Section 73(4A) and (4B).
		Section 75A.
		Sections 76A to 79.
		In section 132(1)(b), the words from "or in pursuance of an award" to the end.
		In section 133(1)--
		(a) in paragraph (a), the words "23, 27, 28,";
		(b) in paragraph (b), the words from "of section 99 or" to "1975 or";
		(c) paragraphs (d), (f) and (g).
		In section 136--
		(a) in subsection (1), paragraphs (c) and (g);
		(b) subsections (2) and (3);
		(c) in subsection (5), the words from "or under section 2" to the end.
		In section 146(4), the words "27, 28".
		In section 149(2), the words "58, 58A", "73(4B)," and "75A(7)".
		In Schedule 2--
		(a) in paragraph 2(2), the words "or 58";
		(b) in paragraphs 2(4) and 6(3), the words "58(3) to (12), 58A,".
		In Schedule 16, paragraphs 2, 5, 18 and 23.
1978 c. 46.	Employment (Continental Shelf) Act 1978.	Section 1(1).
1980 c. 9.	Reserve Forces Act 1980.	In Schedule 9, paragraph 15.
1980 c. 42.	Employment Act 1980.	Sections 1 to 5.
		Sections 15 and 16.
		Section 19.
		In section 20(1), the definitions of "the 1974 Act" and "the 1975 Act".
		In Schedule 1--
		(a) paragraphs 2 to 7;
		(b) in paragraph 17, the words from "and after paragraph (c)" to the end;
		(c) paragraphs 19, 21(b) and 24.
1980 c. 53.	Health Services Act 1980.	In Schedule 1, paragraph 25.
1982 c. 9.	Agricultural Training Board Act 1982.	Section 11(3).
1982 c. 10.	Industrial Training Act 1982.	In Schedule 3, paragraph 6.
1982 c. 23.	Oil and Gas (Enterprise) Act 1982.	In Schedule 3, paragraph 25.
1982 c. 46.	Employment Act 1982.	Sections 2 to 19.
		Section 22(4) and (5).
		Schedule 1.
		In Schedule 2, paragraph 6(1).
		In Schedule 3, paragraphs 10 to 13, 17 to 20, 24, 27(2)(a) and (3)(a).
1984 c. 49.	Trade Union Act 1984.	The whole Act.
1985 c. 9.	Companies Consolidation (Consequential Provisions) Act 1985.	In Schedule 2, the entry relating to the Trade Union and Labour Relations Act 1974.
1986 c. 48.	Wages Act 1986.	In section 1(6), the words from "and where a certificate" to the end.
		Section 5(3A).
1986 c. 64.	Public Order Act 1986.	In Schedule 2, paragraph 1.
1987 c. 43.	Consumer Protection Act 1987.	In Schedule 4, paragraph 8.
1988 c. 19.	Employment Act 1988.	Sections 1 to 23.
		Section 30.
		In section 32--
		(a) in subsection (1), all the definitions except those of "the 1973 Act&q	Schedule 1.
		In Schedule 2, paragraphs 1(2), 2 and 3.
S.I. 1992/807 (N.I. 5)	Industrial Relations (Northern Ireland) Order 1992.	Article 67(2).

Section 300(2).

SCHEDULE 2 Consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

1 Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) shall continue to have effect with the following entry (originally inserted by paragraph 12 of Schedule 1 to the [1988 c. 19.] Employment Act 1988)--

" Office of the Commissioner for the Rights of Trade Union Members " .

Transport Act 1968 (c. 73)

2 In section 63(6) of the Transport Act 1968 (objections to grant of HGV operators' licences: definitions), in the definition of "trade union" for "the Trade Union Act 1913" substitute "the Trade Union and Labour Relations (Consolidation) Act 1992".

Equal Pay Act 1970 (c. 41)

3 (1) The Equal Pay Act 1970 is amended as follows.

(2) In section 1 (requirement of equal treatment for men and women), after subsection (10) insert--

" (10A) This section applies in relation to service as a relevant member of the House of Commons staff as in relation to service for the purposes of a Minister of the Crown or government department, and accordingly applies as if references to a contract of employment included references to the terms of service of such a member.

In this subsection "relevant member of the House of Commons staff" has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978; and subsections (4) to (9) of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of this section. " .

(3) Sections 5 and 7 (reference of questions as to agricultural wages orders or service pay) shall continue to have effect with the amendments originally made by paragraph 13(2) and (3) of Part IV of Schedule 16 to the [1975 c. 71.] Employment Protection Act 1975, substituting the words "Central Arbitration Committee" and "Committee" for references to the former Industrial Arbitration Board.

House of Commons Disqualification Act 1975 (c. 24)

4 (1) The House of Commons Disqualification Act 1975 is amended as follows.

(2) Part II of Schedule 1 (bodies of which all members are disqualified under that Act) shall continue to have effect with the following entries (originally inserted by paragraph 16(2) of Part IV of Schedule 16 to the Employment Protection Act 1975)--

" The Central Arbitration Committee. "

" The Council of the Advisory, Conciliation and Arbitration Service. "

" The Employment Appeal Tribunal. " .

(3) In Part III of Schedule 1 (other disqualifying offices), for the entry inserted by paragraph 16(3) of Part IV of Schedule 16 to the Employment Protection Act 1975 substitute--

" Certification Officer or any assistant certification officer. " .

(4) That Part shall also continue to have effect with the following entry (originally inserted by paragraph 13 of Schedule 1 to the [1988 c. 19.] Employment Act 1988)--

" Commissioner for the Rights of Trade Union Members. " ; and Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 shall continue to have effect with a corresponding entry.

Social Security Pensions Act 1975 (c. 60)

5 In section 31 of the Social Security Pensions Act 1975 (contracting-out certificates), in subsection (8) (meaning of "independent trade union", &c.) for "the Trade Union and Labour Relations Act 1974" substitute "the Trade Union and Labour Relations (Consolidation) Act 1992".

Sex Discrimination Act 1975 (c. 65)

6 In Part VIII of the Sex Discrimination Act 1975 (supplementary provisions), after section 85 (application to Crown) insert--

" 85A Application to House of Commons staff

(1) Parts II and IV apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for the purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.

(2) In this section "relevant member of the House of Commons staff" has the same meaning as in section 139 of the Employment Protection (Consolidation) Act 1978; and subsections (4) to (9) of that section (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of Parts II and IV as they apply by virtue of this section. " .

Race Relations Discrimination Act 1976 (c. 74)

7 In Part X of the Race Relations Act 1976 (supplementary provisions), after section 75 (application to Crown) insert--

" 75A Application to House of Commons staff

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

8 (1) The Aircraft and Shipbuilding Industries Act 1977 is amended as follows.

(2) In section 6 (machinery for settling terms and conditions of employment), in subsection (2)(b) (resolution of trade disputes) for "within the meaning of the Employment Protection Act 1975" substitute "within the meaning of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992".

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