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The Code of Practice (Picketing) Order 2026

S.I. 2026/224 · Made 4 March 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TRADE UNIONS

Made 4th March 2026

The Secretary of State makes this Order in exercise of the powers conferred by section 205(4) of the Trade Union and Labour Relations (Consolidation) Act 1992f1 (“the 1992 Act”).

In accordance with section 205(1) of the 1992 Act, the Secretary of State proposed to revise the Code of Practice on Picketing which first came into operation on 17th December 1980f2, for the purpose of bringing it into conformity with subsequent statutory provisions by the making of consequential amendments and the omission of obsolete passages.

In accordance with section 205(2) of the 1992 Act, the Secretary of State laid before each House of Parliament a draft of the revised Code of Practice on Picketing. Neither House of Parliament resolved within the period of 40 days beginning with the day on which the draft was laid that no further proceedings should be taken on the draft revised Code of Practice on Picketing.

In accordance with section 205(4) of the 1992 Act, the Secretary of State has issued the revised Code of Practice on Picketing in the form of that draft.

Annotations to the whole text

Footnotes

f1

1992 c. 52.

f2

The Code of Practice on Picketing came into operation by S.I. 1980/1757. Revised versions of the Code were subsequently brought into effect by S.I. 1992/476, S.I. 2017/237 and S.I. 2024/245.

Contents

  1. 1Citation and extent
  2. 2Appointed day for the Code of Practice
  3. Signature
  4. Explanatory note

1Citation and extent

(1)

This Order may be cited as the Code of Practice (Picketing) Order 2026.

(2)

This Order extends to England and Wales and Scotland.

2Appointed day for the Code of Practice

(1)

The revised Code of Practice on Picketingf1 comes into effect on 5th March 2026.

(2)

In paragraph (1), “the revised Code of Practice on Picketing” means the revised Code of Practice on Picketing issued by the Secretary of State which was laid in draft before each House of Parliament on 7th January 2026.

Signature

Kate Dearden

Parliamentary Under-Secretary of State

Department for Business and Trade

4th March 2026

Explanatory note

(This note is not part of the Order)

This Order appoints 5th March 2026 as the day upon which the revised Code of Practice on Picketing, which has been issued by the Secretary of State under section 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 219 of the 1992 Act (Protection from certain tort liabilities), which was amended by the Employment Rights Act 2025 (c. 36) (“the 2025 Act”). The Code of Practice on Picketing has also been revised to omit obsolete passages in consequence of the repeal of section 220A (Union supervision of picketing) and section 234E (Work notices: no protection if union fails to take reasonable steps) of the 1992 Act by the 2025 Act.

A full impact assessment has not been prepared for this Order or for the revised Code of Practice on Picketing because the revision of the Code of Practice on Picketing 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.