Regulation 21 Crown employment and service as a member of the armed forcesC1

(1)

These Regulations have effect in relation to—

(a)

Crown employment,

(b)

service as a member of the armed forces of the Crown,

(c)

persons in Crown employment, and

(d)

persons in service as a member of the armed forces of the Crown,

as they have effect in relation to other employment and other employees.

(2)

In paragraph (1) “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by a statutory provision but subject to paragraph (4).

(3)

For the purposes of the application of the provisions of these Regulations in relation to Crown employment and service as a member of the armed forces of the Crown in accordance with paragraph (1)—

(a)

references to an employee shall be construed as references to a person in Crown employment or in service as a member of the armed forces of the Crown to whom the definition of employee is appropriate; and

(b)

references to a contract in relation to an employee shall be construed as references to the terms of employment of a person in Crown employment or in service as a member of the armed forces of the Crown to whom the definition of employee is appropriate.

(4)

Crown employment—

(a)

does not include service as a member of the armed forces of the Crown, but

(b)

does include employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996 M1.

Annotations

Marginal citations

M1: 1996 c.14.

Modifications

C1: Reg. 21 applied (with modifications) (6.4.2020) by The Agency Workers (Amendment) Regulations 2019 (S.I. 2019/724), regs. 1(1), 6(1) (with reg. 7)

Notes on the whole SI

Textual amendments

F1: 1974 c.37. Section 15(1) was substituted by the Employment Protection Act 1975 (c.71), section 116 and Schedule 15, paragraph 6 and amended by SI 2002/794, article 5(2) and Schedule 2. Section 82(3)(b) was amended by the Railways and Transport Safety Act 2003 (c.20), section 105(3)(a).