Explanatory note

This Order appoints 11th March 2024 as the day upon which the revised Code of Practice on Picketing, which has been issued by the Secretary of State under sections 203(2) and 205(4) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”), will come into effect.

The Code of Practice on Picketing has been revised for the purpose of bringing it into conformity with section 234E of the 1992 Act (Work notices: no protection if union fails to take reasonable steps). Section 234E was inserted into the 1992 Act by the Strikes (Minimum Service Levels) Act 2023 (c. 39) (“the 2023 Act”).

The Code of Practice on Picketing, which came into operation on 17th December 1980 by S.I. 1980/1757, was previously revised in whole by S.I. 1992/476. The Code was subsequently revised by S.I. 2017/237 to include references to the requirement to appoint a picket supervisor as a result of section 220A of the 1992 Act (Union supervision of picketing). Section 220A was inserted into the 1992 Act by section 10 of the Trade Union Act 2016 (c. 15).

A full impact assessment has not been prepared for this Order or the revised Code of Practice on Picketing because the revision of the Code of Practice on Picketing is consequential on section 234E of the 1992 Act (inserted by the 2023 Act). The impacts of the 2023 Act on trade unions and other relevant bodies have been considered in the impact assessment produced in relation to the 2023 Act, which is available at https://bills.parliament.uk/bills/3396/publications. A copy may also be inspected by contacting the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London SW1A 2DY.