Explanatory note

This Order appoints 5th March 2026 as the day upon which the revised Code of Practice on Industrial Action Ballots and Notice to Employers, which has been issued by the Secretary of State under section 205(4) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (“the 1992 Act”), will come into effect. Article 3 makes transitional and saving provisions in relation to its coming into effect.

The Code of Practice on Industrial Action Ballots and Notice to Employers has been revised for the purpose of bringing it into conformity with amendments made by the Employment Rights Act 2025 (c. 36) (“the 2025 Act”) to section 226 (Requirement of ballot before action by trade union), section 226A (Notice of ballot and sample voting paper for employers), section 229 (Voting paper), section 231 (Information as to result of ballot), section 234 (Period after which ballot ceases to be effective) and section 234A (Notice to employers of industrial action) of the 1992 Act. Those amendments came into force on 18 February 2026 subject to transitional and saving provisions in the Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026 (S.I. 2026/3).

A full impact assessment has not been prepared for this Order or for the revised Code of Practice on Industrial Action Ballots and Notice to Employers because the revision of the Code of Practice on Industrial Action Ballots and Notice to Employers is consequential on the amendments made by the 2025 Act. The impacts of the 2025 Act on trade unions and other relevant bodies have been considered in the impact assessment produced in relation to the 2025 Act, which is available at https://bills.parliament.uk/bills/3737/publications. A copy may also be inspected by contacting the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London SW1A 2DY.