Regulation 1 Citation, commencement, extent and application
These Regulations may be cited as the Strikes (Minimum Service Levels: Passenger Railway Services) Regulations 2023.
These Regulations come into force on the later of the following—
the time immediately after the relevant Code of Practice comes into effect in accordance with an order under section 204(3) of the 1992 Act; and
the day after the day on which these Regulations are made.
In paragraph (2) “the relevant Code of Practice” means the first Code of Practice issued by the Secretary of State under section 203 of the 1992 Act on reasonable steps to be taken by a trade union to ensure that all members of the union who are identified in a work notice under section 234C of the 1992 Act comply with the noticef1.
These Regulations extend to England and Wales and Scotland.
These Regulations have effect in relation to any strike that takes place after the day on which they come into force, even if—
notice of the strike under section 234A of the 1992 Act (requirement on trade union to give notice of industrial action)f2 was given on or before that day; or
the date of the ballot in respect of the strike was on or before 20th July 2023f3.
Annotations
Footnotes
- f1
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The Secretary of State has consulted on a draft of this Code of Practice. This consultation closed at 9.30am on 6th October 2023. Copies of the draft Code of Practice as consulted on are available here:https://www.gov.uk/government/consultations/minimum-service-levels-code-of-practice-on-reasonable-steps
- f2
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Section 234A was inserted by section 21 of the Trade Union Reform and Employment Rights Act 1993 (c. 19). It was amended by paragraph 11 of Schedule 3 to the Employment Relations Act 1999 (c. 26), by section 25 of, and Schedule 2 to, the Employment Relations Act 2004 (c. 24), by section 8 of the Trade Union Act 2016 (c. 15) and by paragraph 5 of the Schedule to the 2023 Act.
- f3
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20th July 2023 is the date on which the 2023 Act came into force. Section 234B(2) of the 1992 Act allows minimum service regulations to be framed so as to have effect in relation to any strike that takes place on or after the day on which the regulations come into force even if the date of the ballot in respect of the relevant strike was on or before the day on which the 2023 Act comes into force or the notice of the strike action under section 234A was given on or before the day on which the Regulations come into force.