Introductory text

TRADE UNIONS

Made 26th October 2026

Laid before Parliament 27th October 2026

Coming into force 30th October 2026

The Secretary of State makes this Order in exercise of the powers conferred by section 204(3) of the Trade Union and Labour Relations (Consolidation) Act 1992^f1 (“the 1992 Act”).

Under section 203(1)(a) of the 1992 Act, the Secretary of State may issue Codes of Practice containing such practical guidance as the Secretary of State thinks fit for the purpose of promoting the improvement of industrial relations.

Under section 203(2) of the 1992 Act, the Secretary of State may from time to time revise the whole or any part of a Code of Practice issued by the Secretary of State and issue that revised Code.

Under paragraphs 19L, 81F and 116G of Schedule A1 to the 1992 Act^f2, the Secretary of State’s power under section 203(1)(a) of that Act includes power to issue Codes of Practice about any matters relating to requests for access for the purposes of, respectively, paragraphs 19G(2), 81A(2) and 116A(2) of that Schedule.

Under paragraphs 19M(6), 81G(6) and 116H(7) of Schedule A1 to the 1992 Act^f3, the Secretary of State’s power under section 203(1)(a) of that Act includes power to issue Codes of Practice about unfair practices for the purposes of, respectively, paragraphs 19M, 81G and 116H of that Schedule.

In pursuance of section 203(1)(a) and (2) of the 1992 Act, the Secretary of State proposed to revise the whole of the Code of Practice on Access and Unfair Practices during Recognition and Derecognition Ballots which came into effect on 1st October 2005^f4.

In pursuance of section 204(1) of the 1992 Act, the Secretary of State, after consultation with the Advisory, Conciliation and Arbitration Service, prepared and published the draft Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process.

In pursuance of section 204(1) of the 1992 Act, the Secretary of State considered representations made to the Secretary of State about the draft Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process and modified the draft accordingly.

In pursuance of section 204(2) of the 1992 Act, the Secretary of State laid the draft Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process with the title “Code of Practice: Access and Unfair Practices During the Recognition and Derecognition Process” before both Houses of Parliament, the draft was approved by resolution of each House of Parliament and the Secretary of State is issuing the Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process in the form of that draft.