{
  "url": "https://openlegislation.uk/employment-rights-act-2025-commencement-no-1-and-transitional-and-saving-provisions-regulations-2026/schedule-2/paragraph-2",
  "json_url": "https://openlegislation.uk/employment-rights-act-2025-commencement-no-1-and-transitional-and-saving-provisions-regulations-2026/schedule-2/paragraph-2.json",
  "legislation": "uksi/2026/3",
  "legislation_title": "The Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/employment-rights-act-2025-commencement-no-1-and-transitional-and-saving-provisions-regulations-2026",
  "path": "schedule/2/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Section 62 of the 2025 Act (members who are not existing contributors)",
  "text": "(1) Sub-paragraph (2) applies in relation to a member of a trade union that has a political fund on the commencement date, where the member is not an existing contributor and—\n(a) the member became a member of that trade union at any time in the period beginning with 1st March 2018 and ending with the day before the commencement date, or\n(b) the trade union did not have a political fund immediately before 1st March 2018.\n(2) Where this sub-paragraph applies, for the purposes of section 84 of the 1992 Act (as substituted by section 62 of the 2025 Act (requirement to contribute to political fund))—\n(a) the member is to be treated as having given an opt-out notice in relation to the fund, and\n(b) that notice is to be treated as having effect for the period beginning with the commencement date and ending with the date the member gives a withdrawal notice in relation to that notice.\n(3) In this paragraph—\n“existing contributor” means a member of a trade union who was, immediately before the commencement date, a contributor in relation to the political fund of the union within the meaning given by section 84(5) of the 1992 Act as it had effect before the commencement date;\n“opt-out notice”, “effect” (in relation to an opt-out notice) and “withdrawal notice” have the same meaning as in section 84 of the 1992 Act as substituted by section 62(3) of the 2025 Act;\n“political fund” has the same meaning as in the 1992 Act.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 2 in force at made date"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 84 of the Trade Union and Labour Relations (Consolidation) Act 1992 was substituted by section 11(1) of the Trade Union Act 2016 (c. 15)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See section 82(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/3/schedule/2/paragraph/2",
    "retrieved_at": "2026-10-28T21:07:46.846348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}