Explanatory note

These Regulations are made in exercise of the powers conferred by section 8(1) of, and Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) and section 5(1) of the Employment Agencies Act 1973 (c. 35), in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a) and (g) of section 8(2) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of employment rights, removing (or amending) references that are no longer appropriate once the UK has exited the EU.

Part 1 of the Schedule makes amendments to primary legislation. Firstly, to section 38 of the Employment Relations Act 1999 which currently provides a power to the Secretary of State to make regulations in certain circumstances where EU obligations relating to the treatment of employees on the transfer of all or part of an undertaking or business do not apply. The amendments do not change the scope of the power but ensure the wording used is appropriate once the UK has exited the EU. Secondly, Part 1 amends the Work and Families Act 2006, removing powers for the Secretary of State to make regulations (relating to annual leave), which are no longer appropriate once the UK has exited the EU. The savings provision in Part 3 ensures that these amendments do not affect the validity of any regulations, that came into force before exit day and were made under either of those Acts.

Part 2 of the Schedule makes amendments to secondary legislation. Regulation 27A of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 is amended to reflect the fact that the UK will no longer be a member of the EEA, following exit from the EU.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.