# The Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2017 Draft 2017, ISBN 9780111155943 These Regulations are made in connection with section 116B(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 which restricts the circumstances in which deductions of union subscriptions from wages in the public sector may be made. Made under: Trade Union and Labour Relations (Consolidation) Act 1992 (Section 116B) PDFs: Printed copy https://openlegislation.uk/draft-trade-union-deduction-of-union-subscriptions-from-wages-in-the-public-sector-regulations-2017/pdf/ukdsi_9780111155943_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-trade-union-deduction-of-union-subscriptions-from-wages-in-the-public-sector-regulations-2017/pdf/ukdsiem_9780111155943_en.pdf ## Introductory text Draft Regulations laid before Parliament under section 116B(9) of the Trade Union and Labour Relations (Consolidation) Act 1992, for approval by resolution of each House of Parliament. Employment Trade Unions Made *** Coming into force 10th March 2018 The Minister makes the following Regulations in exercise of the powers conferred by section 116B(3), (5) and (7)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992. In accordance with section 116B(9) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament. ## 1 Citation, commencement and interpretation (1) These Regulations may be cited as the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2017 and come into force on 10th March 2018. (2) In these Regulations “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992. ## 2 Crown employees: person or entity treated as an employer For the purposes of section 116B of the 1992 Act, a public authority that is an emanation of the Crown is to be treated as the employer of a person who is employed by the Crown under or for the purposes of that authority. ## 3 Relevant public sector employer (1) Subject to paragraph (3), a public authority referred to in paragraph (2) is a relevant public sector employer for the purposes of section 116B of the 1992 Act. (2) The public authorities are— (a) any department of the Government of the United Kingdom (excluding the Secret Intelligence Service, the Security Service and the Government Communications Headquarters); (b) the Scottish Ministers; and (c) an authority listed, or of a description, in the Schedule. (3) An authority of a description in the Schedule which is a devolved Welsh authority is not a relevant public sector employer for the purposes of section 116B. (4) In paragraph (3), “devolved Welsh authority” has the same meaning as in section 157A of the Government of Wales Act 2006 (inserted into that Act by section 4 of the Wales Act 2017). ## 4 Consequential provision (1) This regulation applies where, immediately before the coming into force of section 116B(1) of the 1992 Act, a contract of employment or collective agreement contains provision that permits or requires a relevant public sector employer to make deductions from its workers’ wages in respect of trade union subscriptions. (2) After the coming into force of section 116B(1), the contract or agreement is to be treated as containing a prohibition on making a deduction unless to do so is consistent with section 116B(1). (3) This regulation does not affect any rights or obligations arising in connection with things done or omissions made before the coming into force of section 116B(1) or the enforcement of those rights and obligations. ## Signature Name Minister for the Cabinet Office Cabinet Office Date ## Schedule: Public authorities ### Part 1: Local Authorities ## 1 A local authority within the meaning of the Local Government Act 1972. ## 2 The Council of the Isles of Scilly. ## 3 The Common Council of the City of London. ## 4 The Greater London Authority as established under section 1 of the Greater London Authority Act 1999. ## 5 An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009. ## 6 A combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. ## 7 A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ## 8 A joint board, within the meaning of section 235(1) of the Local Government (Scotland) Act 1973. ## 9 A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies. ## 10 A joint fire authority established under Part 4 of the Local Government Act 1985 (police, fire services, civil defence and transport). ## 11 Any body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies). ## 12 The London Fire and Emergency Planning Authority as reconstituted by section 328 of the Greater London Authority Act 1999. ## 13 The Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005. ## 14 An internal drainage board which is being continued by virtue of section 1 of the Land Drainage Act 1991. ## 15 Transport for London as established under section 154 of the Greater London Authority Act 1999. ## 16 The London Transport Users’ Committee as established under section 247 of the Greater London Authority Act 1999. ## 17 A Passenger Transport Executive for an integrated transport area or a passenger transport area within the meaning of Part 2 of the Transport Act 1968. ## 18 The Passengers’ Council as established by section 19 of the Railways Act 2005. ## 19 A Transport Partnership established under section 1 of the Transport (Scotland) Act 2005. ## 20 A sub-national transport body established under section 102E of the Local Transport Act 2008. ## 21 A National Park Authority established by an order under section 63 of the Environment Act 1995. ## 22 A National Park Authority established by virtue of Schedule 1 to the National Parks (Scotland) Act 2000. ## 23 The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988. ## 24 A Conservation Board established under section 86 of the Countryside and Rights of Way Act 2000. ### Part 2: The National Health Service ## 25 A clinical commissioning group established under section 14D of the National Health Service Act 2006. ## 26 A National Health Service Foundation Trust established under section 35 of the National Health Service Act 2006. ## 27 A National Health Service Trust established under section 25 of the National Health Service Act 2006. ## 28 A special health authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006. ## 29 The Common Services Agency for the Scottish Health Service established under section 10 of the National Health Service (Scotland) Act 1978. ## 30 A Health Board, or Special Health Board, constituted under section 2 of the National Health Service (Scotland) Act 1978. ## 31 Healthcare Improvement Scotland established under section 10A of the National Health Service (Scotland) Act 1978. ## 32 The National Health Service Commissioning Board established under section 1H of the National Health Service Act 2006. ## 33 Monitor. ### Part 3: Maintained Schools and other Educational Institutions ## 34 The governing body of a foundation school, voluntary aided school or foundation special school. ## 35 The proprietor (as defined in section 579(1) of the Education Act 1996) of— (a) an Academy school within the meaning of section 1A of the Academies Act 2010; (b) a 16 to 19 Academy within the meaning of section 1B of that Act; (c) an alternative provision Academy within the meaning of section 1C of that Act. ## 36 The governing body (as defined in section 90 of the Further and Higher Education Act 1992) of— (a) an institution in the further education sector within the meaning of section 91(3) and (3A) of that Act; (b) an institution conducted by a higher education corporation within the meaning of section 90(1) of that Act; (c) a designated institution for the purposes of Part 2 of that Act, as defined by section 72(3) of that Act. ## 37 A university, including any college, school, hall or other institution of that university, receiving financial support under section 65 of the Further and Higher Education Act 1992. ## 38 A manager (as defined by section 135 of the Education (Scotland) Act 1980) of a central institution within the meaning of that Act. ## 39 The governing body (as defined by section 35 of the Further and Higher Education (Scotland) Act 2005) of an institution in receipt of funding from the Scottish Further and Higher Education Funding Council or a regional strategic body within the meaning of that Act. ### Part 4: Police Staff ## 40 A police and crime commissioner as established by section 1 of the Police Reform and Social Responsibility Act 2011. ## 41 A chief officer of a police force in England or Wales. ## 42 The British Transport Police Authority as established by section 18 of the Railway and Transport Safety Act 2003. ## 43 The Civil Nuclear Police Authority as established by section 51 of the Energy Act 2004. ## 44 The Scottish Police Authority established under section 1 of the Police and Fire Reform (Scotland) Act 2012. ### Part 5: Other Bodies ## 45 Accountant in Bankruptcy. ## 46 The Advisory, Conciliation and Arbitration Service. ## 47 The Arts Council England. ## 48 The Arts and Humanities Research Council. ## 49 The Big Lottery Fund. ## 50 The Biotechnology and Biological Sciences Research Council. ## 51 The Board of Commissioners of the Royal Hospital at Chelsea. ## 52 The Board of Governors of the Museum of London. ## 53 The Board of Trustees of the Armouries. ## 54 The Board of Trustees of the National Gallery. ## 55 The Board of Trustees of the National Galleries of Scotland. ## 56 The Board of Trustees of the National Museums and Galleries on Merseyside. ## 57 The Board of Trustees of the National Museums Scotland. ## 58 The Board of Trustees of the National Portrait Gallery. ## 59 The Board of Trustees of the Royal Botanic Garden, Edinburgh. ## 60 The Board of Trustees of the Royal Botanic Gardens, Kew. ## 61 The Board of Trustees of the Science Museum. ## 62 The Board of Trustees of the Tate Gallery. ## 63 The Board of Trustees of the Victoria and Albert Museum. ## 64 The Board of Trustees of the Wallace Collection. ## 65 The Britain-Russia Centre and the British East-West Centre. ## 66 The British Broadcasting Corporation. ## 67 The British Council. ## 68 The British Library Board. ## 69 The British Tourist Authority. ## 70 The Children and Family Court Advisory and Support Service. ## 71 The Care Quality Commission. ## 72 The Children’s Commissioner. ## 73 Children’s Hearings Scotland. ## 74 The Civil Service Commission. ## 75 The Coal Authority. ## 76 College of Policing Limited. ## 77 The Commission for Equality and Human Rights. ## 78 The Commission for Local Administration in England. ## 79 The Commissioner for Children and Young People in Scotland. ## 80 The Commissioner for Ethical Standards in Public Life in Scotland. ## 81 The Commissioner for Public Appointments. ## 82 The Commissioner for Victims and Witnesses. ## 83 The Committee on Climate Change. ## 84 The Community Development Foundation. ## 85 The Community Justice Authority. ## 86 The Covent Garden Market Authority. ## 87 Creative Scotland. ## 88 The Criminal Cases Review Commission. ## 89 The Crofting Commission. ## 90 Design Council. ## 91 The Director of Fair Access to Higher Education. ## 92 The Disclosure and Barring Service. ## 93 The Doncaster Children’s Services Trust. ## 94 Ebbsfleet Development Corporation. ## 95 The Economic and Social Research Council. ## 96 The Engineering and Physical Sciences Research Council. ## 97 The Engineering Construction Industry Training Board. ## 98 The English Sports Council. ## 99 The Environment Agency. ## 100 Food Standards Scotland. ## 101 The Gaelic Media Service. ## 102 Gangmasters and Labour Abuse Authority. ## 103 The Great Britain-China Centre. ## 104 The Health and Safety Executive. ## 105 The Health and Social Care Information Centre. ## 106 Health Education England. ## 107 The Health Research Authority. ## 108 Her Majesty’s Chief Inspector of Prisons. ## 109 Her Majesty’s Inspectorate of Probation for England and Wales. ## 110 Higher Education Funding Council for England. ## 111 Highlands and Islands Enterprise. ## 112 The Historic Buildings and Monuments Commission for England. ## 113 Historic Environment Scotland. ## 114 The Homes and Communities Agency. ## 115 The Human Fertilisation and Embryology Authority. ## 116 The Human Tissue Authority. ## 117 The Independent Police Complaints Commission. ## 118 The Information Commissioner. ## 119 The Institute for Apprenticeships. ## 120 The Joint Nature Conservation Committee. ## 121 The Judicial Appointments and Conduct Ombudsman. ## 122 The Judicial Appointments Commission. ## 123 The Marine Management Organisation. ## 124 The Marshall Aid Commemoration Commission. ## 125 The Medical Research Council. ## 126 Mental Welfare Commission for Scotland. ## 127 The National Army Museum. ## 128 The National Forest Company. ## 129 The National Institute for Health and Care Excellence. ## 130 The National Library of Scotland. ## 131 The National Museum of the Royal Navy. ## 132 The National Non-Foods Crops Centre Limited. ## 133 National Records of Scotland. ## 134 Natural England. ## 135 Natural Environment Research Council. ## 136 Nuclear Decommissioning Authority. ## 137 The Office for Budget Responsibility. ## 138 The Office of Manpower Economics. ## 139 The Office of the Scottish Charity Regulator. ## 140 The Oil and Pipeline Agency. ## 141 The Parole Board for England and Wales. ## 142 The Parole Board for Scotland. ## 143 The Police Investigations and Review Commissioner. ## 144 The Prisons and Probation Ombudsman for England and Wales. ## 145 The Registrar of Independent Schools. ## 146 Registers of Scotland. ## 147 Revenue Scotland. ## 148 Risk Management Authority. ## 149 The Royal Air Force Museum. ## 150 The Science and Technology Facilities Council. ## 151 The Scottish Ambulance Service Board. ## 152 The Scottish Children’s Reporter Administration. ## 153 The Scottish Commission for Human Rights. ## 154 The Scottish Courts and Tribunals Service. ## 155 The Scottish Criminal Cases Review Commission. ## 156 Scottish Enterprise. ## 157 The Scottish Environment Protection Agency. ## 158 The Scottish Fiscal Commission. ## 159 The Scottish Further and Higher Education Funding Council. ## 160 The Scottish Housing Regulator. ## 161 The Scottish Information Commissioner. ## 162 The Scottish Legal Aid Board. ## 163 The Scottish Natural Heritage. ## 164 The Scottish Public Services Ombudsman. ## 165 The Scottish Qualifications Authority. ## 166 The Scottish Road Works Commissioner. ## 167 The Scottish Social Services Council. ## 168 The Scottish Sports Council. ## 169 The Sea Fish Industry Authority. ## 170 The Security Industry Authority. ## 171 Sianel Pedwar Cymru (S4C). ## 172 The Single Source Regulations Office. ## 173 The Slough Children’s Services Trust. ## 174 Social Care and Social Work Improvement Scotland. ## 175 The Social Care Institute for Excellence. ## 176 The Sports Grounds Safety Authority. ## 177 The Standards Commission for Scotland. ## 178 The Technology Strategy Board. ## 179 The Trustees of the British Museum. ## 180 The Trustees of the Imperial War Museum. ## 181 The Trustees of National Heritage Memorial Fund. ## 182 The Trustees of the National Maritime Museum. ## 183 The Trustees of the Natural History Museum. ## 184 The Trustees of the Sir John Soane’s Museum. ## 185 The UK Atomic Energy Authority. ## 186 The UK Commission for Employment and Skills. ## 187 The United Kingdom Anti-Doping Limited. ## 188 The United Kingdom Sports Council. ## 189 VisitScotland. ## 190 The Westminster Foundation for Democracy Limited. ## 191 The Youth Justice Board for England and Wales. ## Explanatory note (This note is not part of the Regulations) These Regulations are made in connection with section 116B(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 which restricts the circumstances in which deductions of union subscriptions from wages in the public sector may be made. Regulation 2 specifies, for the purposes of section 116B, who is to be treated as the employer of a person who is employed by the Crown. Regulation 3 specifies Government Departments (other than the Secret Intelligence Service, the Security Service and the Government Communications Headquarters), the Scottish Ministers and public authorities described or listed in the Schedule as relevant public sector employers for the purposes of section 116B. Regulation 3(3) excludes a devolved Welsh authority from being a relevant public sector employer. Regulation 4 makes provision about contracts of employment and collective agreements that immediately prior to the coming into force of section 116B(1) allow for deduction of trade union subscriptions to be made from wages. A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector has been prepared. A copy has been placed in the Library of each House of Parliament and is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk. --- Source: https://www.legislation.gov.uk/ukdsi/2017/9780111155943 (the official version) Page: https://openlegislation.uk/draft-trade-union-deduction-of-union-subscriptions-from-wages-in-the-public-sector-regulations-2017 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.